Number
071116
Version
SUBSTITUTE ONE
Reference
Sponsor
THE CHAIR
Title
Substitute resolution to approve the settlement agreement in the matter of Ganos Company, Inc. v. City of Milwaukee, et al, United States District Court for the Eastern District of Wisconsin, Case Number 07-CV-686.
Analysis
This resolution authorizes settlement of litigation pending in the United States District Court for the Eastern District of Wisconsin, Ganos Company, Inc. v. City of Milwaukee, United States District Court Case Number 07-C-686 in the amount of Twenty Thousand and no/100 Dollars ($20,000) for all damages of any nature, including compensatory, punitive and consequential damages, lost profits or other economic damages, attorneys fees and costs, and any other claim for damages that could be brought concerning the subject matter of the litigation.
Body
Whereas, Ganos Company, Inc. filed suit against the City of Milwaukee in Milwaukee County Circuit Court, alleging the City had breached its contracts by withholding certain payments, had wrongfully debarred it from bidding on City contracts, and had wrongfully denied it the ability to obtain permits; and
Whereas, The City of Milwaukee answered denying any wrongful conduct and counterclaiming that Ganos Company, Inc. had breached a demolition contract thereby damaging the City, and impleading the company’s surety and liability insurers, and removing the suit to the United States District Court for the Eastern District of Wisconsin, upon the company’s assertion of a constitutional claim in an amended complaint; and
Whereas, The parties have agreed to settle this lawsuit in the amount of Twenty Thousand and no/100 Dollars ($20,000), for all damages, lost profits or other economic losses, attorney fees, costs, compensatory damages, punitive damages and any other claims for damages of any nature that could have been brought, as set forth in the attached proposed Settlement Agreement; now, therefore be it
Resolved, By the Common Council of the City of Milwaukee, that the City Attorney be and hereby is authorized to execute the attached Settlement Agreement, and such further documents as may be necessary and related thereto; and be it
Further Resolved, By the Common Council of the City of Milwaukee, that upon execution of the settlement agreement, in a form approved by the City Attorney, the proper City officers be and hereby are authorized and directed to issue a City check in the amount of $20,000 to Ganos Company, Inc.; and, be it
Further Resolved, That these funds shall be charged to the Damages and Claims Fund, Account No. 0001 1490 636506 2631 S118.
Requestor
City Attorney
Drafter
MRH:
November 30, 2007
1053-2006-2851.001:126049