HomeMy WebLinkAboutCover MemoRE.3
CITY OF MIAMI
OFFICE OF THE CITY ATTORNE
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Julie O. Bru, City Attorney
DATE: March 18, 2008
RE:
Proposed Resolution -March 27, 2008-City Commission Meeting
Re:City of Miami settlement of the fire assessment class action and the
Adorno & Yoss settlement
File No. 07-01424a
The attached proposed Resolution authorizes the City of Miami settlement of the
fire assessment class action and the Adorno & Yoss settlement related to the same matter
to be administered together, thereby increasing the amount of money available to the
Class.
Background:
Carl L. Masztal, Joseph A. Graupier, Juana Martinez, and Marisol Fernandez
("Plaintiffs"), filed a class action lawsuit challenging the constitutionality of the City's
fire rescue fee against the City, in the Eleventh Circuit Court in and for Miami -Dade
County, Florida, Case Nos. 98-11208 CA 31, and 05-2117 CA 22 ("Masztal v. City of
Miami"). The City Commission approved a settlement of all Class claims in Masztal v.
City of Miami, on July 26, 2007, for the sum of $15,550,000.
The Class still had pending claims against the Adorno & Yoss law firm for their
prior representation of and handling of the Class claims. The Class requested and the
City agreed that the City would delay seeking Court approval of the City's settlement
with the Class until the Class could attempt to settle their claims with the Adorno &
Yoss, law firm.
The Class did reach a settlement with the Adorno & Yoss law firm in October,
2007 and agreed to settle all Class claims against the Adorno & Yoss law firm for
$1,600,000, thereby increasing the amount of money available to the Class. Tentative
Court approval of the Class and City settlement was provided by the Court in December,
2007, and tentative Court approval of the Class and the Adorno & Yoss law firm
settlement was provided by the Court in March, 2007. The parties selected and the Court
has approved an independent third party to administer the claims and refunds.
Although separate, the settlements arise out of the same lawsuit and all interested
parties, agree that a joint administration of the claims and refunds would save attorney's
fees, costs, administrative costs, judicial resources, and time.
Class Counsel agreed not to seek additional attorney's fees and the Administrator
agreed not to seek additional costs if the settlements were administered together, thereby
increasing the amount of money available to the Class.
W1364:JOB/mg
c: Pedro G. Hernandez , City Manager
Elvi Gallastegui, Agenda Coordinator
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