HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 06-00660
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN THE AMOUNT OF
$100,000, TO PAY LEGAL FEES AND COSTS INCURRED TO SET ASIDE THE
SETTLEMENT, AND AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES
IN AN AMOUNT NOT TO EXCEED $300,000, FOR THE CONTINUED
ENGAGEMENT OF THE LAW FIRM OF COLE, SCOTT AND KISSANE, P.A., AS
OUTSIDE COUNSEL, IN CONNECTION WITH THE CASES OF EVA
NAGYMIHALY, ET AL., VS. CITY OF MIAMI, ET AL., CASE NO. 98-11208 CA 01,
ADORNO & YOSS, LLP. VS. CITY OF MIAMI, CASE NO. 05-7900 CA 24, AND
CARL L. MASZTAL, ET AL. VS. CITY OF MIAMI, ET AL., CASE NO. 05-2117 CA
22, PLUS ANY ADDITIONAL COSTS OF LITIGATION INCLUDING BUT NOT
LIMITED TO RETENTION OF EXPERTS AND CONSULTANTS, AS APPROVED
BY THE CITY ATTORNEY.
WHEREAS, on March 17, 2006, the Court granted the City of Miami's ("City's") Motion to Set
Aside the settlement in the case of Eva Nagymihaly, et al., vs. City of Miami, et al., Case No. 98-11208
CA 01; and
WHEREAS, as of April 18, 2006, the City has incurred fees in the amount of $371,887.78, for
legal services provided by the Iaw firm of Cole, Scott and Kissane, P.A., as outside counsel and
$40,776.96, in litigation costs, including consultant fees to set aside said settlement; and
WHEREAS, the City desires to continue the engagement of the Iaw firm of Cole, Scott and
Kissane, P.A., as outside counsel for purposes of litigating the issues remaining in the underlying class
action lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The expenditure of attorney's fees and costs, in the amount of $100,000 to pay legal
fees and costs incurred to set aside the settlement, and the expenditure of attorney's fees, in the
amount not to exceed $300,000, for the continued engagement of the Iaw firm of Cole, Scott and
Kissane, P.A., as outside counsel, in connection with the cases of Eva Nagymihaly, et al. vs. City of
Miami, Case No. 98-11208 CA 01, Adorno & Yoss, LLP. vs. City of Miami, Case No. 05-7900 CA 24,
and Carl L. Masztall, et al. vs. City of Miami, et al., Case No. 05-2117 CA 22, plus any additional costs
of litigation including but not limited to retention of experts and consultants, as approved by the City
Attorney, is authorized, for said services.
Section 2. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
City of Miami Page 1 of 2 Printed On: 4/18/2006
File Number: 06-00660
APPROVED AS TO FORM AND CORRECTNESS&
. FERNANDEZ�
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 4/18/2006