HomeMy WebLinkAboutItem #01 - Attorney-Client SessionCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO
Edward Marquez, City Manager DATE January 27, 1997 FILE
:
Attn: Elvi Gallastegui-Alonso
Agenda Coordinator SUBJECT : Attorney -Client Closed Session
Pottinger vs. City of Miami
City Commission Meeting
FROM A. Q111M JOne , REFERENCES
City Attorney February 20, 1997, 8:00 A.M.
ENCLOSURES:
An attorney -client closed session of the City Commission is required on February 20, 1997
at 8:00 A.M.
Please place the item on the Agenda as follows:
8:00 A.M. AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC,
WILL BE HELD FOR THE PURPOSE OF DISCUSSING PENDING
LITIGATION IN POTTINGER V. CITY OF MIAMI, UNITED
STATES DISTRICT COURT CASE NUMBER 88-2406 CIV-
ATKINS, APPEALS PENDING, UNITED STATES COURT OF
APPEALS FOR THE ELEVENTH CIRCUIT CASE NUMBERS 91-
5316, 92-5145 AND 95-4555.
CC: Walter J. Foeman, City Clerk
LBM009.doc
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1154 76 FEDERAL REPORTER, 3d SERIES
three referrals per month; Garcia averaged
William T. O'Neil, Covington & Burling,
slightly less than that over approximately
Washington, DC, for amicus curiae.
!
fifteen months time. The $3000 payments
occurred at approximately two- to five -week
Appeals from the United States District
intervals. The evidence supports the district
Court for the Southern District of Florida.
'
court's finding that Garcia received payments
"as long as both sides wanted to perform."
Prior report: 40 F.3d 1155.
II Supp.App. doe. 223 at 4-5. The district
Before HATCHETT and ANDERSON, r
court's conclusion that these periodic pay-
Circuit ,Judges, and FAY, Senior Circuit
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ments embodied separate bribes was not
Judge.
clearly erroneous.
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AFFIRMED.
INTERIM ORDER:
!(
The panel heard oral argument in this case
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on January 24, 1996. After hearing oral
O EE[Y NUMBER $YS7iD1
argument, the panel is of the opinion that
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this case can be and should be settled.
The panel hereby refers this appeal to the
Eleventh Circuit Conference Attorney for
Michael POTTINGER, Peter Carter, settlement discussions, pursuant to Federal
Berry Young, Plaintiffs- Rule of Appellate Procedure 33 and Eleventh
Appellees, Circuit Rule 33-1.
V. The parties and their counsel are directed
to contact this courts Appellate Conference
CITY OF MIAMI, Defendant -Appellant. Office not later than fifteen days from receipt
Nos. 91-5316, 92-,5145 and 9& 4555. of this order to explore a resolution of their
differences.
United States Court of Appeals,
Eleventh Circuit. Before settlement discussions, counsel for
the parties must consult with their clients
Feb. 7, 1996. and obtain as much authority as feasible to
settle the appeal. Counsel and the parties
A Quinn Jones, City Atty., Leon M. Firtel, are expected to discuss all issues in ,good
Asst. City Atty., Kathryn S. Pecko, Theresa faith.
L. Girten, Miami, FL, for appellant.
The conference attorney shall issue as or -
Kraig A Conn, Nancy Ann M. Stuparich, der as contemplated by Eleventh Circuit
Harry Morrison, Jr., Tallahassee, FL, for Rule 33-1(d) or issue a report to the panel
amicus curiae Fla. League of Cities. not later than April 15, 1996.
} Thomas K. Braun, Becky S. James, Frieda
A Taylor, O'Melveny & Myers, Los Angeles,
CA, for amicus curiae Nat'l Coalition for the
Homeless.
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1: o SctreuNeuMUM
Benjamin S. Wa=Lan, ACLU of Florida, T
' Miami, FL, Jeffrey . S. Weiner, Miami, FL,
Stephen J. Schnably, University of Miami
Law School, Coral Gables, FL, for appellees.
it
;�. Maria Foscarinis, 'Washington, DC, for
amicus curiae National Law Center on
Homelessness and Poverty.
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