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File #: 071116    Version:
Type: Resolution Status: Passed
File created: 11/21/2007 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 12/11/2007
Effective date:    
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.
Sponsors: THE CHAIR
Indexes: AGREEMENTS, SUITS PAYMENT, SUITS SETTLEMENT
Attachments: 1. City Attorney Cover Letter, 2. Fiscal Note, 3. Ganos Settlement, 4. Cover lertter from City Attorney
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...

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