____________________________________________________________

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

NOTICE OF CLASS ACTION SETTLEMENT

CIRCUIT CIVIL DIVISION

CASE NO. 17-8285-CA-01 (44)

Complex Business Litigation Unit

GEORGE SUAREZ, et al.,

Plaintiffs,

                vs.

CITY OF OPA-LOCKA, FLORIDA,

Defendant.

____________________________________/

To:    All City of Opa-Locka water utility customers who had water utility accounts between April 1, 2012 through December 31, 2019 and who did not opt-out of this class action.

A.     WHAT IS THIS LAWSUIT ABOUT? GEORGE SUAREZ, TANIA SUAREZ; ROSCOE, PENDLETON, ADEL RAAD, STEVEN BARRETT, NATASHA ERVIN, TAXES BY NATASHA ERVIN and ALFONSO J. ERVIN, III. (“Plaintiffs”) filed a Class Action Complaint alleging that the City of Opa-Locka overbilled for water utilities between the dates April 1, 2012 through December 31, 2019 (“Class Period”. City of Opa Locka denies Plaintiffs’ allegations, raised defenses, and argues, among other things, that many of the water utility customers were not overbilled and some were underbilled. Notwithstanding their disagreements, the parties have proposed a settlement that, if approved by the Court, will resolve all of the Settlement Class’s claims about the alleged billing overcharges. Pursuant to Rule 1.220, Fla R. Civ. P. you may enter an appearance in the case through your own attorney, if you so desire, but you are not required to do so.

B.    WHY HAVE YOU RECEIVED THIS NOTICE? The Court ordered us to send you this notice, because your name was identified on the City of Opa-Locka water utility billing lists.

C.    WHAT IS THE PROPOSED SETTLEMENT? Without admitting any fault or liability, the City of Opa-Locka has agreed to pay or credit up to $3,000,000, which will consist of a $1,000,000 cash fund and a $2,000,000.00 accounts receivable credit fund, (the “Settlement Fund”) in exchange for a release of all claims regarding alleged overbilling of the Settlement Class (see Settlement Agreement for a more detailed description of the Released Claims and Released Parties). The Settlement Fund will be distributed to pay the class members who submit valid claims, to pay an incentive award to Plaintiff for serving as the class representative, to pay attorneys’ fees and expenses to Plaintiffs’ attorneys, and to pay the cost of settlement administration. Each claiming class member will receive a pro rata share of the available funds; which share shall be calculated based on a percentage calculation of their water bills during the relevant Class Period. The amount you will receive depends upon how many class members submit claims. More information regarding this process is available on the settlement website: http://www.opalockawatersettlement.com.

The Court has preliminarily approved this settlement, subject to a fairness hearing that will occur on March 24, 2022 at 2:00 p.m., in Miami, Florida in Courtroom DCC 414 before Judge Alan Fine in the Miami-Dade County Courthouse, 73 W. Flagler, Miami Florida 33130.

D.      WHAT CAN YOU DO NOW? YOU HAVE TWO OPTIONS.  

1.     Do nothing. If you do not object to the settlement there is nothing that you need to do at this time. Upon final approval of the settlement, you will have an opportunity to submit a Claim Form to receive your share, if any, of the Settlement Fund.

2.     Object to the settlement in writing. If you object to the settlement, and wish to file an objection you must submit your objection in writing to the Clerk of Court at 73 W. Flagler, Miami Florida 33130 – citing CASE NO. 17-8285-CA-01 (44). Your objection must be postmarked by March 11, 2022. You must also serve copies of your objection and any supporting memoranda or materials on each of the attorneys for the Settlement Class, postmarked by the same date. Any objection must include your name, telephone number, street address, all attorneys who assisted you in the preparation and filing of your objection, a list of all other class action cases in which you or your counsel have filed objections to settlements, a statement of the reasons why you believe the Court should find that the proposed settlement is not in the best interests of the Settlement Class, and an original signature or the signature of your counsel. It is not enough to say that you object; you must state the reasons why you believe the Court should not approve the settlement. If you file an objection and wish to present it to the Court, then you must appear at the final approval hearing Page 2 of 2 before Judge Alan Fine on March 24, 2022 at 2:00 p.m., in Miami, Florida in Courtroom DCC 414 before Judge Alan Fine in the Miami-Dade County Courthouse, 73 W. Flagler, Miami Florida 33130. At your own cost, you may retain an attorney to appear at this hearing. You are not required to attend this hearing unless you object to the settlement.

E.     WHO REPRESENTS THE CLASS? The Court has confirmed Plaintiffs, GEORGE SUAREZ, TANIA SUAREZ; ROSCOE, PENDLETON, ADEL RAAD, STEVEN BARRETT, NATASHA ERVIN, TAXES BY NATASHA ERVIN and ALFONSO J. ERVIN, III. (“Plaintiffs”) to be the “Class Representatives” and confirmed Michael A. Pizzi of Michael A Pizzi PA, Benedict P. Kuehne of Kuehne Davis Law PA and David P. Reiner, II of Reiner & Reiner PA as “Class Counsel.” At the fairness hearing, Class Counsel will request that the Court approve an incentive award of $3,000 from the Settlement Fund to each Plaintiff for serving as the class representative. Additionally, Class Counsel will request that the Court award them attorneys’ fees of $450,000 (15% of the total Settlement Fund in lieu of their actual hours or the 30% contingency initially contemplated in their retainer agreements), plus their out-of-pocket litigation expenses, all to be paid from the Settlement Fund. Class administrator fees will also be authorized.

F.     WHEN WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT? The Court has made a preliminary determination that the proposed settlement is fair and reasonable and should be approved. The Court will hear any objections and arguments about the proposed settlement, including arguments about the attorneys’ fees and expenses sought by Class Counsel and the incentive award sought for the Class Representative. The hearing will take place on March 24, 2022 at 2:00 p.m., in Miami, Florida in Courtroom DCC 414 before Judge Alan Fine in the Miami-Dade County Courthouse, 73 W. Flagler, Miami Florida 33130. At your own cost, you may retain an attorney to appear at this hearing. You do not need to attend this hearing unless you object. The hearing may be continued to a future date without further notice. If the Court approves the settlement, class members will be notified and will have the opportunity to submit claims to receive their share, if any, of the Settlement Fund. If the Court does not approve the settlement, the case will proceed as if no settlement had been attempted. If the settlement is not approved, there is no assurance that the Settlement Class will recover more than is provided in the proposed settlement, or anything at all.

G.  HOW DO YOU OBTAIN MORE INFORMATION ABOUT THE LAWSUIT OR THE SETTLEMENT? The description of the case in this notice is general and does not cover all of the issues and proceedings. To see the complete court file, including a copy of the settlement agreement, you may visit the office of the Clerk at the Miami-Dade County Courthouse, 73 W. Flagler, Miami Florida 33130 or review the case file on-line via the Clerk of the Court’s website The Clerk can make the files relating to the lawsuit available to you for inspection and copying at your own expense.

You may visit the settlement website – http://www.opalockawatersettlement.com – for more information or to file a claim after the Court issues final approval on March 24, 2022. Claim forms will be mailed out at that time.

You may contact Michael A. Pizzi, one of Plaintiff’s attorneys and Class Counsel, at 786-594-3948 or mpizzi@pizzilaw.com

Please do not contact the Clerk of the Court, the Judge, or the Judge’s staff, because they cannot answer your questions or give you advice about this settlement.

BY ORDER OF THE COURT

HONORABLE ALAN FINE

____________________________________________________________