Litigation Budget for Criminal Fees Case for Defense by Lydecker Diaz

The Town Attorney will address any budgeting matters regarding the Criminal Fees Case.

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:

At this time, there are no hearings or events coming up in the Criminal Fees Case as the Town's attorneys and Mayor Pizzi's attorneys have agreed to stay the Criminal Fees Case and have filed the attached Joint Motion to Stay Proceedings. The stay would continue until the earlier of (i) resolution of this matter by settlement or (ii) November 15, 2016, at which time the Stay shall terminate automatically. As part of the stay agreement, the Town's attorneys and Mayor Pizzi's attorneys are in the process of scheduling a mediation to take place no later than July 31, 2016. The Joint Motion to Stay Proceedings that has been entered into between the parties further provides that:

1) All proceedings in Court---including, but not limited to discovery, reports, conferences, filing of motions, notices, and pleadings---are stayed, with all deadlines to be postponed accordingly.

2) All pending hearings prior to the termination of the Stay shall be cancelled and may be rescheduled, if necessary, for a time following the expiration of this stay. If such hearings are rescheduled, no dispositive motion shall be set prior to December 5, 2016, and any such hearing shall be coordinated among the parties according to their availability.

3) The only proceeding that may take place in this matter during the stay is a mediation among the parties, which shall be coordinated to take place no later than July 31, 2016.

4) By November 22, 2016, the Plaintiff shall produce all documents required to be produced by Plaintiff to Defendant, which are the subject of the Order of this Court dated April 22, 2016, on Defendant's Motion to Compel Better Responses and Documents Responsive to Defendants' Request for Production; and shall coordinate the scheduling of Plaintiff to appear for his deposition for a date on or before December 5, 2016.

5) The Parties' agreement to stay the proceedings shall not be construed as waiving either party's rights or objections concerning discovery or otherwise.

A proposed Agreed Order on the Joint Motion to Stay Proceedings (“proposed Agreed Order”) has been submitted to the presiding judge for execution and is also attached. However, as of the date this agenda is published (June 1, 2016), the proposed Agreed Order has not been signed by the presiding judge as he has been out on vacation.

Upcoming Hearings/Events in the Insurance Litigation Case:

Thursday, June 9, 2016: A hearing is scheduled on the insurance company's motion to dismiss the Town's case.

July 31, 2016 or Before: Because the Insurance Litigation and the Criminal Fees cases are related, the attorneys involved in the Criminal Fees case are attempting to have the attorneys and parties involved in the Insurance Litigation case attend mediation before July 31, 2016.