HomeMy WebLinkAboutCover MemoCITY OF NIIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the Cif Commission
FROM: Julie O. Bru, City Attorney 4
DATE: March 2, 2010
RE: Proposed Settlement — City Commission Agenda — March 11, 2010
Sidney S. and Danielle Wellman v. City of Miami, Case No.: 99-
19523 CA (15), and Nadine Theodore v. City of Miami, Case No.:
99-28417 CA 15, both pending in the Circuit Court of the 11t
Judicial Circuit in and for Miami -Dade County, Florida
(File No. 10-00269)
The attached proposed Resolution seeks, subject to Court approval, authorization for the
settlement of all claims against the City of Miami, asserted in the above -referenced consolidated
class action lawsuits, and a release of all claims against the City, its current and former
departments, agencies, instrumentalities, officials, officers, agents, servants and employees, in
the amount of $3,800,000.00, inclusive of all claims permitted by the Court, all attorney's fees
allowed by the Court, and all costs of the administration of the settlement.
In these cases, the Plaintiff class representatives, representing the class of all owners of
motor vehicles impounded since June 1, 1997, by the City of Miami under Sections 42-120
through 42-125 of the City of Miami Code (hereinafter the VIP Ordinance), have challenged the
constitutionality of the VIP Ordinance. The VIP Ordinance has since been amended to address
the deficiencies found by the appellate court.
Funds in the amount of $3,800,000.00 will be allocated from Account No.
0000 980000.549000.0000.0000.
JOB:WB
Attachment(s)
C. Carlos A. Migoya, City Manager
Elvi Gallastegui, Agenda Coordinator
Doc. No.: 215327