HomeMy WebLinkAboutR-08-0171City of Miami
Legislation
Resolution: R-08-0171
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01424A Final Action Date: 3/27/2008
A RESOLUTION OF THE MIAMI CITY COMMISSION CONSENTING TO THE
ADMINISTRATION OF THE CLASS AND CITY SETTLEMENT AND THE CLASS
AND ADORNO AND YOSS LAW FIRM SETTLEMENT IN THE CASE OF CARL L.
MASZTAL, JOSEPH A. GRAUPIER, JUANA MARTINEZ, AND MARISOL
FERNANDEZ V. CITY OF MIAMI AND THE STATE OF FLORIDA, CASE NOS.
98-11208 CA 31 AND 05-2117 CA 22, IN THE ELEVENTH CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, Carl L. Masztal, Joseph A. Graupier, Juana Martinez, and Marisol Fernandez
("Plaintiffs"), on behalf of themselves and all others so similarly situated, filed claims and lawsuits
against the City of Miami ("City"), in the Eleventh Circuit Court in and for Miami -Dade County, Florida,
Case Nos. 98-11208 CA 31, and 05-2117 CA 22 ; and
WHEREAS, 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; and
WHEREAS, the Class still had pending claims against the Adorno & Yoss law firm for their prior
representation of and handling of the Class claims; and
WHEREAS, 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 and Yoss, law firm thereby increasing the amount of money available to the Class; and
WHEREAS, the Class did reach a settlement with the Adorno and Yoss law firm in October, 2007,
and agreed to settle all Class claims against the Adorno and Yoss law firm for $1,600,000, thereby
increasing the amount of money available to the Class; and
WHEREAS, tentative Court approval of the Class and City settlement was provided by the Court
in December, 2007; and
WHEREAS, tentative Court approval of the Class and the Adorno and Yoss law firm settlement
was provided by the Court in March, 2007; and
WHEREAS, Although separate, the settlements arise out of the Masztal lawsuits and all
interested parties, including the Class, the City, Adorno and Yoss and the independent Administrator
agree it would save attorney's fees, costs, administrative costs, judicial resources, time and would be
more convenient for Class members to allow the City settlement and the Adorno and Yoss
settlements to be administered together, thereby increasing the amount of money available to the
Class; and
WHEREAS 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
City of Miami
Page 1 of 2 File Id: 07-01424A (Version: 1) Printed On: 4/28/2017
File Number: 07-01424A Enactment Number: R-08-0171
the amount of money available to the Class; and
WHEREAS, the City hereby consents to the simultaneous administration of the settlements
between the Class and City and the Class and the Adorno and Yoss law firm;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby consents to the administration of the Class and City
settlement and the Class and the Adorno and Yoss law firm settlement in the cases of Carl L. Masztal,
Joseph A. Graupier, Juana Martinez, and Marisol Fernandez, on behalf of themselves and all others
so similarly situated vs. City of Miami, in the Eleventh Circuit Court in and for Miami -Dade County,
Case No. 98-11208 CA 31, and Carl L. Masztal, Joseph A. Graupier, Juana Martinez, and Marisol
Fernandez v. City of Miami and the State of Florida, Eleventh Circuit Court Case No. 05-2117 CA 22.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
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.
City of Miami Page 2 of 2 File Id: 07-01424A (Version: 1) Printed On: 4/28/2017