HomeMy WebLinkAboutR-94-0013J-94-36
12/ 27/93
RESOLUTION NO. 9 4 - 13
A RESOLUTION CONTINUING THE ENGAGEMENT OF THE
.LAW FIRM OF TEW & GARCIA-PEDROSA TO SERVE AS
CO -COUNSEL BEFORE THE UNITED STATES DISTRICT
COURT FOR PRE-TRIAL LITIGATION SERVICES IN
CONNECTION WITH THE CASE OF MIAMI MARINE
EXPOSITION, INC. VS. CITY OF MIAMI, CASE
NO. 90-967-CIV-MOORE, WITH AN ADDITIONAL
INTERIM FEE FOR SUCH SERVICES NOT TO EXCEED
$75,000.00; ALLOCATING FUNDS THEREFOR FROM
THE CITY OF MIAMI'S SELF-INSURANCE AND
INSURANCE TRUST FUND.
WHEREAS, the City Commission adopted Resolution No. 91-847
on November 14, 1991, which approved the engagement of the law
firm of Tew & Garcia -Pedrosa to serve as co -counsel before the
United States District Court for pre-trial litigation services,
in connection with the case of Miami Marine Exposition, Inc. vs.
City_of Miami, Case No. 90-967-CIV-HIGHSMITH, with the interim
fee for such services not to exceed $75,000.00; and
WHEREAS, the City Commission adopted Resolution No. 92-246
on April 2, 1992, which approved the continuing engagement of the
law firm of Tew & Garcia Pedrosa with an additional interim fee
for such services not to exceed $25,000.00; and
WHEREAS, although pre-trial discovery is substantially
complete, several depositions have yet to be taken by the
plaintiff; and
I
Note: During discussion of this item, the
City Commission directed the City Attorney
to obtain assurances from Mr. Jose Garcia -
Pedrosa that he personally would be present
when members of the Commission appear for
depositions.
CITY CobnaSSIon
KEETING OF.
JA N 1 3 1994
90"Utim No.
94- 13
WHEREAS, a summary judgment motion, which could dispose of
the litigation without the necessity of trial was filed on behalf
of the City of Miami, oral argument heard by the Court thereon on
March 2, 1993, but no decision has been rendered; and
WHEREAS, since no trial date is presently scheduled and
since previous settlement attempts have not yielded positive
results, there will be fees and costs for ongoing pre-trial
services including the finalization of discovery and the general
preparation of the case for trial;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Attorney's continuing engagement of
the law firm of Tew & Garcia -Pedrosa to serve as co -counsel on
behalf of the CITY OF MIAMI, before the United States District
Court for pre-trial litigation services, in connection with the
case of Miami Marine Exposition, Inc. vs. City of Miami, Case
No. 90-967-CIV-MOORE, is hereby approved, with an additional
interim fee for such services, not to exceed $75,000.00, and with
the funds therefor allocated from the City of Miami's Self -
Insurance and Insurance Trust Fund.
Section 3. This Resolution shall become effective
immediately upon its adoption.
_2_ 94- 13
PASSED AND ADOPTED this 13th day of January 1994.
STEP EN P. CLA , MAYOR
ATT S : /
Vt
A TY H Al
CITY CLERK
SELF-INSURANCE T T FUND REVIEW:
SUJAN S. CHHA D RECTOR
DEPARTMENT 0 RI K XQLAGEEXT
BUDGETARY RE W:
j
9NOH41f S. SURANA
SIS, NT CITY MANAGER
PREPARED AND APPROVED BY:
w �
WA,4EN BITTNER
ISTANT CITY ATTORNEY
i
APPROVED AS TO FORM AND CORRECTNESS:
i
I �
A. Q J N III
I CITY ATT RN
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WRB:bss, 053
9 4 - 13
=f.=
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA=2'1
TO : Honorable Mayor and Members DATE : December 29, 1993 FILE : J-94-36
of the City Commission
SUBJECT : Miami Marine Exposition,
f r,. Inc. v. City of Miami
yrrf'�cil�,�// Case No.: 90-967-Civ-Highsmith
A. u nn J nes , I I I �,(�.7
FROM: City Att ney REFERENCES:
ENCLOSURES:
Attached is a proposed resolution approving the continuing
engagement of the law firm of Tew & Garcia -Pedrosa as co -counsel
in connection with the above -referenced litigation. No trial date
has been set in the case and the court has still not ruled on the
City's renewed motion for summary judgment since oral argument was
j heard on March 2, 1993.
M1987/WB/bjr
Attachment
CA3 /-
94- 13