HomeMy Public PortalAbout19-9606 Authorizing The Brown Law Group to represent the Commissioner Holmes Sponsored by: City Attorney
RESOLUTION NO. 19-9606
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, RETROACTIVELY
AUTHORIZING THE BROWN LAW GROUP, LLC, TO
REPRESENT THE CITY OF OPA-LOCKA IN HOLMES VS
CITY OF OPA-LOCKA, FLORIDA, CASE NUMBER 2018-
42660 CA 01; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 26, 2018, the Plaintiff filed a complaint against the City
of Opa-locka("City"); and
WHEREAS, on January 11, 2019, Plaintiff filed a Motion for Emergency Injunction
with a hearing set for January 14, 2019, for which The Brown Law Group, LLC provided
representation to the City; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
retroactively authorize The Brown Law Group, LLC to provide representation to the City in
Holmes vs City of Opa-locka, Florida, Case Number 2018-42660 CA-01.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
Pursuant to the agreement the City has with The Brown Law Group, LLC, the City
Commission retroactively authorizes The Brown Law Group, LLC to represent the
City in in Holmes vs City of Opa-locka, Florida, Case Number 2018-42660 CA-01.
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
Resolution No. 19-9606
PASSED AND ADOPTED this 23`d day of January, 2019.
2
Mayor Matthew A. Pigatt
Attest to: Approved as to form and legal sufficiency:
1 i
Jo. : Flores THE BROWN LAW GROUP, LLC
City !lerk City Attorney
Moved by: COMMISSIONER KELLEY
Seconded by: VICE MAYOR DAVIS
Commissioner Vote: 5-0
Commissioner Burke: YES
Commissioner Kelley: YES
Commissioner Bass: YES
Vice-Mayor Davis: YES
Mayor Pigatt: YES
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 2018-042660 CA(01)
TIMOTHY HOLMES,
Plaintiff,
vs.
CITY OF OPA-LOCKA, FLORIDA, a
Municipal corporation authorized to do
business under the laws of the State of
Florida,
Defendant(s).
ORDER GRANTING PLAINTIFF'S VERIFIED EMERGENCY MOTION FOR TRO
THIS CAUSE came before the Court by hearing on January 14, 2019 upon Plaintiff's
Emergency Motion for TRO, and the Court having heard argument from the parties, having
reviewed the file and being otherwise fully advised in the premises, it is
ORDERED AND ADJUDGED that,
1. The Court hereby finds that the Plaintiff has met the burden for a temporary
injunction;
2. Specifically, the Plaintiff is disabled and confined in a wheelchair and will suffer
irreparable harm if he does not have use of the subject wheelchair accessible van.
He is unable to carry out the routine tasks of life, including obtaining needed
healthcare. In balancing the parties' competing interests, the balance of the harm
favors the Plaintiff;
Holmes v. The City of Opa-Locka
Case No. 2018-042660 CA (01)
Order Granting Plaintiff's Verified Emergency Motion for TRO
3. The Court finds that there is no adequate remedy at law and that ruling in the
Plaintiff's favor serves the public interest. Finally, the Court finds that there is a
substantial likelihood of success on the merits; and
4. The Court shall defer ruling as to the remedy and/or posting of an appropriate
bond, and any other remedy the Court finds proper,just and equitable, in order for
the Defendant, City of Opa-Locka, commission to have an opportunity to consider
the matter. The matter is set for hearing regarding remedy on Thursday,
January 17,2019 at 3:15 p.m.
DONE AND ORDERED in Chambers at Miami,Miami-Dade County, Florida on this
eleventh day of January, 2019.
5f-2.4Th<,
SPENCER EIG
CIRCUIT JUDG
Courtesy copies furnished to:
Michael A. Pizzi,Esq. (mpizzi@pizzilaw.com)
Vincent Brown,Esq. (vtblaw @bellsouth.net)