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File #: 240398    Version: 0
Type: Resolution Status: Passed
File created: 7/2/2024 In control: COMMON COUNCIL
On agenda: Final action: 7/30/2024
Effective date:    
Title: Resolution authorizing settlement of the lawsuit entitled Nelly Hernandez et al. v. City of Milwaukee et al., Case No. 23-CV-3779.
Sponsors: THE CHAIR
Indexes: SUITS SETTLEMENT
Attachments: 1. Hernandez - Fiscal Impact Statement.pdf, 2. Hernandez - Common Council Payment Letter.pdf

Number

240398

Version

ORIGINAL

Reference

Sponsor

THE CHAIR

Title

Resolution authorizing settlement of the lawsuit entitled Nelly Hernandez et al. v. City of Milwaukee et al., Case No. 23-CV-3779.

Analysis

This resolution authorizes settlement of the lawsuit entitled Nelly Hernandez et al. v. City of Milwaukee et al., Milwaukee County Circuit Court Case No. 23-CV-3779, for the total amount of $300,000.00.

Body

Whereas, Plaintiffs Nelly Hernandez and Manuel Munoz have filed a complaint with the Milwaukee County Circuit Court, Case Number 23-CV-3779 alleging various state law claims (the “Lawsuit”); and

 

Whereas, Plaintiffs have named individual Defendants, City of Milwaukee, Paul Alan Tremaine, City of Milwaukee Fire Department et al.; and

 

Whereas, the parties wish to resolve the Lawsuit without the expense and disruption of further litigation between them by amicably entering into a full and final settlement as to all claims Plaintiffs may have against the Defendants, and any other current or former City of Milwaukee officials, agents, or employees in connection with the underlying incident; now therefore, be it

 

Resolved, by the Common Council of the City of Milwaukee, that the proper City officers be and hereby are authorized and directed to issue a City check in the amount of $300,000, payable to the order of Habush Habush & Rottier, S.C. Client Trust Account as soon as practicable, said amount to be charged to the Damages and Claims Fund, Account N0. 0001-1490-S118-006300; and be it

 

Further Resolved, that for an in consideration of the above-referenced payment, the plaintiffs, by their representatives, and their attorneys, will provide to the City a release of any and all claims arising out of or in any way related to this incident.

 

Requestor

Kyle Bailey

Drafter

KWB/dpb

June 28, 2024

 

1061-2023-935:292117