HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Julie O. Bru, City Attorney
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DATE: March 17, 2010
RE: Proposed Settlement — City Commission Agenda — March 25, 2010
Sidney S. and Danielle lf,'ellnian v. City of MiaMi, Case No.: 99-
19523 CA (15), and Nadhie Theodore v. City of Miami, Case No.:
99-28417 CA 15, both pending in the Circuit Court of the llt"
Judicial Circuit in and for Miami -Dade County, Florida
(File No. 10-00356)
The attached proposed Resolution seeks, subject to Court approval, authorization
for the settlement of all claims against the City of Miami, asserted in the above -referenced
consolidated class action lawsuits, and a release of all claims against the City, its current
and former departments, agencies, instrumentalities, officials, officers, agents, servants and
employees, in the amount of $3,400,000.00, inclusive of all claims pennitted by the Court,
all attorney's fees allowed by the Court, and all costs of the administration of the
settlement.
In these cases, the Plaintiff class representatives, representing the class of all
owners of motor vehicles impounded since June 1, 1997, by the City of Miami under
Sections 42-120 through 42-125 of the City of Miami Code (hereinafter the VIP
Ordinance), have challenged the constitutionality of the VIP Ordinance. The VIP
Ordinance has since been amended to address the deficiencies found by the appellate court.
Funds in the amount of $3,400,000.00 will be allocated from Account No.
00001.980000.549000.0000.0000.
JOB:WB
Attachrnent(s)
c. Carlos A. Migoya, City Manager
Elvi Gallastegui, Agenda Coordinator
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