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File #: 080869    Version:
Type: Resolution Status: Passed
File created: 10/7/2008 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 11/25/2008
Effective date:    
Title: Substitute resolution authorizing settlement of the lawsuit entitled Estate of Justin Fields v. Nawotka, et al., Case No. 03-C-1450.
Sponsors: THE CHAIR
Indexes: LITIGATION, SUITS SETTLEMENT
Attachments: 1. Fiscal Note, 2. Cover Letter, 3. Letter from City Attorney dated 10/24/08, 4. Reply from the Department of Administration, 5. Notice List
Number
080869
Version
Substitute 1
Reference

Sponsor
THE CHAIR
Title
Substitute resolution authorizing settlement of the lawsuit entitled Estate of Justin Fields v. Nawotka, et al., Case No. 03-C-1450.
Analysis
This resolution authorizes settlement of the lawsuit entitled Estate of Justin Fields v. Nawotka, et al., Case No. 03-C-1450, for the total amount of $1,600,000.00.
Body
Whereas, Plaintiff Estate of Justin Fields filed a civil rights lawsuit against the City of Milwaukee and certain former and/or current employees thereof; and

Whereas, Representatives of the Estate and the City of Milwaukee mediated the case and have entered into an agreement, to settle the above-referenced lawsuit for the total amount of $1,600,000.00; and

Whereas, The City Attorney recommends that the City of Milwaukee settle this lawsuit; 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 $1,066,666.67, payable to the order of Cannon & Dunphy, S.C. Client Trust Account, as soon as practicable, and a second check for the amount of $533,333.33, also made payable to the order of Cannon & Dunphy, S.C. Client Trust Account, to be issued on or about January 5, 2009, but not before January 1, 2009, in full and final settlement of this lawsuit, said amounts to be charged to the Damages and Claims Fund, Account No. 0001-1490-S118-006300; and be it

Further Resolved that the funding of the settlement amount will be authorized by a resolution contemporaneously approved by the Common Council; and that the proper City officers are authorized to make the necessary transfers to the appropriate accounts or funds to dispense the settlement amount; and be it

Further Resolved, that for and in consideration of the above-referenced payments, the Estate, by its representatives, the parents of Justin Fields, and their attorney, will provide to the City a r...

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