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: 5/3/2016 Recommendation: It is recommended that the Town Council approve a motion to transfer $100,000 from the the non-departmental reserve for litigation/settlement to the Town Attorney's 2015-2016 budget for litigation reserves for use by Lydecker Diaz. Background: Status Updates on Criminal Fees Case & Insurance Litigation Case 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). Litigation Budget for Criminal Fees Case for Defense by Lydecker Diaz The Town Attorney will discuss the need for an increased litigation budget for the criminal fees case. Of the $118,000 allocated in the Town Attorney's budget for payment of Lydecker Diaz's fees and costs in the criminal fees case, approximately $113,000 has been spent. The non-departmental reserve for litigation/settlement currently has a balance of $157,000. The Town Attorney recommends that the Council transfer $100,000 from the $157,000 in the non-departmental reserve to the Town Attorney's 2015-2016 budget for litigation reserves for use by Lydecker Diaz. The Town Attorney will address the Mayor's legal team's refusal to extend the litigation stay or abate the criminal fees case in light of the insurance litigation, and further discuss the Mayor's legal team's proceeding with their Motion for Partial Summary Judgment, Motion for Protective Order, Objections to discovery, among other filings. 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: Friday, May 13, 2016 at 11:30 a.m.:Defendant'sAmended Motion to Dismiss Plaintiff's Complaint Monday, May 23, 2016 at 10:00 a.m.: Deposition of Mayor Pizzi TBD: Mayor's Motion for Partial Summary Judgment TBD: Mayor's Motion for Protective Order Enforcing Federal Protective Order