HomeMy WebLinkAboutMemoCITY OF MIAMI
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OFFICE OF THE CITY TTORNEI CA.
MEMORANDUM
TO: Mayor and Memb
FROM: Jorge L. Fernande
DATE: April 18, 2006
of the C'ty Commission
torney -•� `
RE: City Commission Me ting — April 27, 2006
Proposed Resolution authorizing continued engagement of Cole, Scott & Kissane, P.A.,
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
Maszial, et al. vs. City of Miami, et al., Case No. 05-2117 CA 22 (File No. 06-00660)
The attached legislation has been prepared for placement on the April 27, 2006, City
Commission Agenda. The attached resolution seeks authorization to pay 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 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, 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. The total costs
of attorney's fees and cost incurred to date in connection with legal services performed by the law
firm of Cole, Scott and Kissane, P.A., to set aside settlement is $371,887.78. Additionally, the
total cost of professional services rendered by experts and consultants incurred to date to set aside
the settlement is $40,776.96.
Litigation status report:
On March 17, 2006, the Court granted the City of Miami's Motion to Set Aside the Settlement
and thereby ordered the original plaintiffs and counsel to disgorge and return the sum of $3.5 million to
an interest bearing account under the Court's supervision. The original plaintiffs moved to stay the
judgment, amend the judgment, and modify the terms of disgorgement. We filed an extensive motion
to hold the original plaintiffs and counsel jointly and severally liable. A final hearing will be held on
April 21, 2006, and the Court will determine whether to make the judgment several or joint and
several. We will also obtain a ruling on our Motion to Tax Costs. We are requesting taxable costs of
$38,587.85.
The original plaintiffs and their lawyers appealed the March 17, 2006 order. The Prosper's
personal lawyer also appealed the same order. Merker's personal lawyer appealed the order denying
the motions to stay, amend and modify.
As to the underlying case, the class action, outside counsel will meet with new plaintiffs'
counsel by April 30, 2006, to determine if a settlement is a viable option. We continue to prepare the
case for trial on the refund and apportionment issue.
W1276: JOB
Attachments(s)
c: Joe Arriola, City Manager
Elvi G. A]onso, Agenda Coordinator