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Agenda 01/08/2013 Item #10O 1/8/2013 Item 10.0. EXECUTIVE SUMMARY Recommendation that there be immediate substitution of counsel in the case of Stephen J. Fletcher vs Thomas C. Curry and Thomas Vergo; that the County Attorney immediately terminate the services of the Law Firm of Richard L. Richards and Jason Goldstein in the representation of defendants Thomas C. Curry and Thomas Vergo; that the County Attorney be appointed to represent Mr. Curry and Mr. Vergo in the litigation brought against them by Mr. Stephen J. Fletcher and Fletcher Flying Services, Inc. (currently pending in Collier Circuit Court); and that a full accounting of all legal costs in this matter be presented to the Board of County Commissioners for review at the next board meeting. OBJECTIVE: Recommendation that there be immediate substitution of counsel in the case of Stephen J. Fletcher vs Thomas C. Curry and Thomas Vergo; that the County Attorney immediately terminate the services of the Law Firm of Richard L. Richards and Jason Goldstein in the representation of defendants Thomas C. Curry and Thomas Vergo; that the County Attorney be appointed to represent Mr. Curry and Mr. Vergo in the litigation brought against them by Mr. Stephen J. Fletcher and Fletcher Flying Services, Inc., currently pending in Collier Circuit Court; and that a full accounting of all legal costs in this matter be presented to the Board of County Commissioners for review at the next board meeting. CONSIDERATIONS: At the December 11-12, 2012 meeting of the Board of County Commissioners, the Board by majority vote provided that the County Attorney be directed to negotiate a settlement with the plaintiffs (Fletcher) on behalf of the defendants (Curry/Vergo), and that the services of the Law Firm of Richard L. Richards (and Jason Goldstein) were not needed to negotiate such a settlement. It was the intent, as expressed, that this matter move to a negotiated settlement ahead of any additional hearings, and to mediation if a negotiated settlement failed. Mr. Richards ultimately agreed with this direction. It was further made clear that the Law Firm of Richard L. Richards would receive no further compensation in regard to such settlement negotiations. The purpose of this summary, now before the Board, is to further recommend that the law firm of Richard L. Richards shall be dismissed and that the County Attorney shall be substituted as counsel for defendants in all matters relating to this case, not just the settlement negotiations. FISCAL IMPACT: Termination of the contract for legal services - payment for services rendered through December 13, 2012 to the law firm of Richard L. Richards and Jason Goldstein. LEGAL CONSIDERATIONS: Substitution of counsel - that the County Attorney shall represent Defendants Curry and Vergo in the case of Fletcher vs Thomas C. Curry and Thomas Vergo in all matters related to this case. RECOMMENDATION: That there be immediate substitution of counsel in the case of Stephen J. Fletcher vs Thomas C. Curry and Thomas Vergo; that the County Attorney immediately terminate the services of the Law Firm of Richard L. Richards and Jason Goldstein in the representation of defendants Thomas C. Curry and Thomas Vergo; that the County Attorney be Packet Page-744- 1/8/2013 Item 10.0. appointed to represent Mr. Curry and Mr. Vergo in the litigation brought against them by Mr. Stephen J. Fletcher and Fletcher Flying Services, Inc. (currently pending in Collier Circuit Court); and that a full accounting of all costs in this matter be presented to the Board of County Commissioners for review at the next board meeting. PREPARED BY: Commissioner Georgia Hiller, District 2 Chairman Collier County Board of County Commissioners Packet Page-745- 1/8/2013 Item 10.0. COLLIER COUNTY Board of County Commissioners Item Number: 10.0. Item Summary: Recommendation that there be immediate substitution of counsel in the case of Stephen J. Fletcher vs Thomas C. Curry and Thomas Vergo;that the County Attorney immediately terminate the services of the Law Firm of Richard L. Richards and Jason Goldstein in the representation of defendants Thomas C. Curry and Thomas Vergo; that the County Attorney be appointed to represent Mr. Curry and Mr. Vergo in the litigation brought against them by Mr. Stephen J. Fletcher and Fletcher Flying Services, Inc. (currently pending in Collier Circuit Court); and that a full accounting of all legal costs in this matter be presented to the Board of County Commissioners for review at the next board meeting. (Commissioner Hiller) Meeting Date: 1/8/2013 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 12/17/2012 2:41:21 PM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 12/17/2012 2:41:22 PM Approved By Name: KlatzkowJeff Title: County Attorney Date: 12/18/2012 1:45:33 PM Name: OchsLeo Title: County Manager Date: 12/31/2012 12:16:01 PM Packet Page -746-