Item Coversheet
Town of Miami Lakes
Memorandum
To:Honorable Mayor and Town Council
From:Raul Gastesi, Esq., Town Attorney
Subject:Status on Pizzi Litigation & Attorney's Fees
Date:7/26/2016
Recommendation:

As of the date this agenda is published (July 20, 2016), it is unknown whether the mediation on July 25, 2016 will result in a settlement that would be subject to Town Council approval. If there is a settlement that results from the mediation, the Town Attorney may recommend that the Town Council adopt and approve a mediated settlement agreement at the July 26, 2016 meeting.

Background:

Status Updates on Criminal Fees & Insurance Litigation Cases

The Town Attorney will provide an update on the status of the Criminal Fees case (case number 2015-19303-CA-01; Michael Pizzi v. Town of Miami Lakes) and the status of the Insurance Litigation (case number 2016-4682-CA-01; Town of Miami Lakes v. Preferred Governmental Insurance Trust).

Request for Executive Sessions

The Town Attorney will request executive sessions to discuss the Criminal Fees case and Insurance Litigation case against the insurance company.

Upcoming Hearings/Events in the Criminal Fees Case:

On Monday, July 25, 2016 the parties will participate in a mediation in an attempt to resolve the issues of the Criminal Fees Case. Although the Town Attorney cannot discuss the substance of what is discussed during the mediation, the Town Attorney will advise as to the result of the mediation (e.g., settlement pending approval by the Town Council; impasse; or mediation continues).

As of the date this agenda is published (July 20, 2016), Mayor Pizzi's attorneys have scheduled a hearing to be held on November 30, 2016 (after the stay period that expires November 15, 2016) on the Town's Amended Motion to Dismiss. The hearing was scheduled on June 13, 2016. In addition, Mayor Pizzi's attorneys scheduled a hearing for January 18, 2017 on the Mayor's Motion for Partial Summary Judgment. This hearing was scheduled on June 29, 2016.

Upcoming Hearings/Events in the Insurance Litigation Case:

On Thursday, June 9, 2016 a hearing was held on the insurance company's motion to dismiss the Town's case. The Town successfully defended the motion and the insurance company was ordered to answer the Town's lawsuit on or before June 29, 2016. The insurance company filed an answer to the lawsuit on June 29, 2016 and simultaneously issued a request for production to the Town.