HomeMy WebLinkAboutMemoRE.10
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Julie O. Bru, City Attorney
DATE: November 26, 2008
RE:
Proposed Settlement -City Commission Agenda -December 11, 2008
Linda Diedel vs. City of Miami
Case No. 08-20304-CIV-UNGARO
(File No. 08-01436)
The attached Settlement Agreement and proposed Resolution seeks authorization
for settlement of all claims against the City of Miami by paying to plaintiff $7,500 plus
attorneys fees and costs in the amount of $107,000 and an agreement to coordinate
repairs and modifications to the streets and sidewalks of the City of Miami as required by
the Americans with Disabilities Act.
This is an action brought by David Marko, Esq. and Miguel De la 0, Esq. on
behalf of Linda Diedel against the City of Miami, alleging violations of the Americans
with Disabilities Act and the Rehabilitation Act relating to the accessibility of certain
City streets and sidewalks.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the amount of $114,500 will
be allocated from the Self -Insurance and Insurance Trust Fund, Index Code No.
05002.301001.515000.0000.00000.
The City Attorney is authorized to take all legal action necessary, including
initiating any and all action, in law or in equity, to obtain reimbursement for all
expenditures relating hereto.
Attachment(s)
cc: Pedro G. Hernandez, City Manager
Elvi Gallastegui, Agenda Coordinator
149757