HomeMy WebLinkAboutExhibitIN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 07-34868 CA 25
CITY OF MIAMI,
Plaintiff,
V.
MIAMI-DADE COUNTY,
Defendant.
MIAMI-DADE COUNTY'S PROPOSAL FOR SETTLEMENT
UNDER FLA. R. CIV. P. 1.442 AND FLA. STAT. 4768.79 TO PLAINTIFFS
MIAMI-DADE COUNTY (the "County")/THE PUBLIC HEALTH TRUST, pursuant
to Fla. Stat. §768.79 and Fla. R. Civ. P. 1.442, makes the following proposal for
settlement to Plaintiff, CITY OF MIAMI -
1 .
IAMI:
1. The County is making this proposal to CITY OF MIAMI pursuant to Fla.
Stat. §768.79 and Fla. R. Civ. P. 1.442.
2. The County's proposal is an attempt to resolve all claims asserted by
Plaintiff, CITY OF MIAMI, against the County in the above -styled matter.
3. There is no claim for punitive damages against the County in the Lawsuit.
4. There is no claim for attorney's fees against the County in the Lawsuit.
5. The County offers to pay CITY OF MIAMI a settlement amount of
$25,000.00 (TWENTY FIVE THOUSAND AND ONE DOLLARS), inclusive of attorney's
fees, in exchange for dismissal of the Lawsuit with prejudice.
6. CITY OF MIAMI has 30 days from the date of service to accept the Offer
pursuant to the guidelines in Fla. Stat. §768.79(4) and Fla. R. Civ. P. 1.442(f).
7. Fla. Stat. §768.79(6)(a) states,
If a defendant serves an offer which is not accepted by the
plaintiff, and if the judgment obtained by the plaintiff is at least 25
percent less than the amount of the offer, the defendant shall be
awarded reasonable costs, including investigative expenses, and
attorney's fees, calculated in accordance with the guidelines
promulgated by the Supreme Court, incurred from the date the
offer was served, and the court shall set off such costs in
OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA
TELEPHONE (305) 375-5151
City of Miami v. Miami -Dade County
Case No.. 07-34868 CA 25
Page 2 of 2
attorney's fees against the award. When such costs and attorney's
fees total more than the amount of the judgment, the court shall
enter judgment for the defendant against the plaintiff for the
amount of the costs and fees, less the amount of the award to the
plaintiff.
8. If CITY OF MIAMI does not accept the Offer within the time required by
Fla. Stat. §768.79 and Fla. R. Civ. P. 1.442, and if the County is found to be not liable,
or liable for at least 25% less than the amount of the Offer, then the County plans to
seek an award of its reasonable costs, including investigative expenses, and attorney's
fees, calculated in accordance with the guidelines promulgated by the Supreme Court,
incurred from the date the offer was served.
Dated: June 29, 2009
Miami, Florida
Am -
Respectfully submitted,
R. A. CUEVAS, JR.
Miami -Dade County Attorney
Stephen P. Clark Center
111 N.W. 1St Street, Suite 2810
Miami, Florida 33128
Eric K. Gressman
Assistant County Attorney
Florida Bar No. 343773
Phone: (305) 375-5151
Fax: (305) 375-5634
Email: EKG@miamidade.gov
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was faxed and
mailed this 29th day of June, 2009, to: Kevin R. Jones, Assistant City Attorney, City of
Miami City Attorney's Office, Miami Riverside Center, Suite 945, 444 SW 2nd Avenue,
Miami, Florida 33130.
Assistant County Attorney
OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA
TELEPHONE (305) 375-5151