Item 10AALAN C. JENSEN
Attorney at Law
935 North Third Street
Jacksonville Beach, Florida 32250
Mailing Address:
Post Office Box 50457
Jacksonville Beach, FL 32240-0457
May 26, 2009
James R. Hanson, City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE: City of Atlantic Beach vs. Ferrellgas
Dear Jim:
AGENDA ITEM # r0A
JUNE 8, 2009
Telephone: (904) 246-2500
Facsimile: (904) 246-9960 (call fast)
E-Mail: Alan@AJensenLaw.com
As we previously discussed, I am scheduled to appear before Judge Johnson on June 11, 2009, to
discuss with her and the other attorneys moving up the trial date. in this case and having it heard by
a retired judge as a special examiner. The retired judge is the une who has heard most of the
previous issues in this case. I will of course advise you of the outcome of the hearing on June l 1.
Enclosed is a copy of the Notice of Ex Parte. Hearing in regard to this hearing.
I also enclose a copy of a letter from attorney Mike Freed to the attonley for Ferrellgas dated '~iay
22, 2009, together with copies of four (4) discovery pleadings to each of the respective defendants.
This is in a continuing attempt to obtain information and documents from Ferrellgas. As you will
recall, they have either been reluctant to provide documents or stated that various documents do not
exist or cannot be located. We intend to press these discovery matters with Ferrellgas.
I think it would be appropriate for me to request at the City Commission meeting on June 8 that a
"shade" meeting be scheduled to discuss this pending litigation as authorized by statute. You may
want to include this as an agenda item under the city attorney report so that the Commissioners will
be aware the request is forthcoming. I would hope we could have a "shade" meeting after June 8
and before the June 22 Commission meeting.
If you have any questions regarding the above matters. please don't hesitate to contact me.
Enclosures
ACJ/sky
Cc: Mr. Rick Carper, Director, Public Works (w/encs)