IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT,

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION

CASE NO. 2017-008285-CA-01

Complex Business Litigation Unit

GEORGE SUAREZ; TANIA SUAREZ;

ROSCOE PENDLETON; ADEL RAAD;

CHARAF RAAD; STEVEN BARRETT;

NATASHA ERVIN; TAXES BY NATASHA ERVIN;

and ALFONSO J. ERVIN III,

                                                Plaintiffs,

versus                                                                                                

CITY OF OPA-LOCKA, FLORIDA,

                                                Defendant.

____________________________________________/

To All Potential Members of these Classes:

CLASS I:

All City of Opa-Locka residents and businesses, commencing as of the period of the statutes of limitations (April 7, 2012), required to place water deposits with the City, who are entitled to have those deposits safeguarded in segregated accounts, who are entitled to the return of those deposits, and who have not received the return of deposits from the City.

CLASS II:

All City of Opa-Locka water utility customers, commencing as of the period of the applicable statutes of limitations (April 7, 2012), who paid for water utility services in excess of the amounts they were liable to pay as calculated based on reasonable rates and functioning and accurate water meters and readings.

THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY.

YOU HAVE NOT BEEN SUED.

Residents, businesses, and City water customers for the City of Opa-Locka have sued the City of Opa-Locka alleging that for years the Class Representatives and similarly situated Class Members have been subjected to inflated water bills and have had their water deposits used without authorization by the City instead of being maintained in a separate segregated account. The Class Representatives have asserted that the water meters do not work properly, City staff and officials do not correctly read the water meters, City officials and employees artificially inflated water bills, and City officials used customer water deposits for improper purposes. The City denies the allegations. 

This lawsuit is a class action on behalf of all residents, businesses, and City water customers who have been overcharged for water or have had their water deposits used by the City instead of being maintained in segregated accounts

The Court has not yet decided whether the City of Opa-Locka did anything wrong. There is no money available now. There is no guarantee there will ever be any money recovered from the City. However, your legal rights are affected. You must decide now whether to remain a member of the Classes or to opt out of the Classes.

Your options are explained in this notice.

To opt out, you must act no later than November 30, 2019.

Unless this case is resolved by settlement, Class Counsel must prove the validity of the claims against the City of Opa-Locka. If money or benefits are obtained from the City of Opa-Locka, you will be notified how to obtain your share of the recovery.

Any questions not answered by this Notice of Class Action (the “Notice”) should be directed to Class Counsel and not the Court by following the directions in this Notice.

WHY THIS NOTICE WAS SENT TO YOU.

The City of Opa-Locka indicated you are or were a water customer of the City of Opa-Locka as of April 7, 2012, and are therefore a prospective member of the Classes. This notice is sent to you pursuant to Florida Rule of Civil Procedure 1.220(d)(2), requiring that all members of the Classes who can be identified and located be provided with certain information regarding the Lawsuit and their rights.

BACKGROUND OF THE LAWSUIT.

Plaintiffs are City of Opa-Locka water customers who sued on their own behalf and as representatives of all Opa-Locka water customers for a specific period of time. Plaintiffs sued the City of Opa-Locka on April 7, 2017. The Lawsuit alleges City did not provide proper maintenance to its water meters, resulting in overbilling. The Lawsuit also alleges that the City used customer water deposits and did not keep them in a set-aside account. The Lawsuit asks for a permanent injunction and money compensation.

The City of Opa-Locka denies the allegations. There is no guarantee money or any recovery will ever be obtained. If any money is recovered, you will be notified about how to obtain your share of the recovery.

CLASS CERTIFICATION.

On June 7, 2019, Circuit Judge Beatrice Butchko of the Eleventh Judicial Circuit (Miami-Dade County) determined this Lawsuit is appropriate as a Class Action by written Order. Two Classes are involved:

Class I: All City of Opa-Locka residents and businesses, commencing as of the period of the statutes of limitations (April 7, 2012), required to place water deposits with the City, who are entitled to have those deposits safeguarded in segregated accounts, who are entitled to the return of those deposits, and who have not received the return of deposits from the City.

Class II: All City of Opa-Locka water utility customers, commencing as of the period of the applicable statutes of limitations (April 7, 2012), who paid for water utility services in excess of the amounts they were liable to pay as calculated based on reasonable rates and functioning and accurate water meters and readings.

The estimated number of Class Members is between 6,000 and 20,000. The persons named at the beginning of this Notice are the Class Representatives. The Class Representatives seek relief on behalf of themselves and all Class Members.  

CLASS COUNSEL.

The Class Counsel (Lawyers) are Kuehne Davis Law, P.A. (Benedict P. Kuehne and Michael T. Davis), Reiner & Reiner, P.A. (David P. Reiner, II), and Michael A. Pizzi, Jr.

RIGHT TO SEPARATE COUNSEL.

You have the right to hire your own lawyer. Unless you retain your own lawyer to enter an appearance on your behalf, you will be represented by Class Counsel if you do not opt out of the class. If you choose to hire your own lawyer, you are responsible for your lawyer’s legal fees and costs.

ATTORNEY FEES.

As a Class Member, you will not be directly charged by Class Counsel to represent you in this Lawsuit. In the event of a judgment in favor of the Class in this Lawsuit, Class Counsel will apply to the Court for payment of reasonable attorneys’ fees and costs that will either be deducted from the funds recovered before net proceeds are distributed to the Class Members.   

YOUR OPTIONS.

The purpose of this Notice is to advise you of the Lawsuit and how it may affect your rights. You must decide whether to opt-out of the Class. You must make your decision to opt-out no later than November 30, 2019, by following the instructions below.

 FURTHER COURT PROCEEDINGS.

You may communicate with Class Counsel if you have any evidence you believe is helpful to establish the Class claims. You may be asked by the parties to provide information relevant to the Lawsuit.

If it becomes necessary to hold a trial to resolve this Lawsuit, there is no guarantee the Plaintiffs will win, or that they will recover any money for the Classes. You do not need to attend the trial. Class Counsel will represent the Class Representatives and the Class Members . The City of Opa-Locka will represent the City. You or your own lawyers are able to attend any court proceedings at your own expense. Any person who does not request to opt-out may make a separate appearance with the Clerk of Court, Eleventh Judicial Circuit, no later than November 30, 2019.

ADDITIONAL INFORMATION.

If the Class Representatives obtain any money or benefits as a result of this Litigation, you will be notified how to participate in the recovery. We do not know how long this will take.

Any questions you have concerning the matters contained in this Notice MUST NOT be made to the Court, but should be directed in writing and mailed to:

Reiner & Reiner, P.A.

Attention: Opa-Locka Water Class Action

9100 S. Dadeland Blvd., Suite 901

Miami, FL 33156-7815

REMINDER AS TO TIME LIMIT.

If you wish to be excluded (Opt-Out) from the Class, you must return the completed “Request for Exclusion from Class” Opt-Out Form to Class Counsel by U.S. Postal Service mail postmarked by November 30, 2019 or submit the form below.

Dated: September 2019.

If you wish to opt out of this class action, please leave your name and address below.