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File #: 212047    Version: 0
Type: Resolution Status: Passed
File created: 4/19/2022 In control: COMMON COUNCIL
On agenda: Final action: 3/21/2023
Effective date:    
Title: Substitute resolution authorizing settlement of claims in the lawsuit entitled Kraai v. City of Milwaukee, Eastern District Federal Court Case Number 20-cv-00909.
Sponsors: THE CHAIR
Indexes: SUITS SETTLEMENT
Attachments: 1. Kraai - Common Council Payee Letter.pdf, 2. Kraai - Fiscal Impact Statement.pdf, 3. Kraai - Settlement Agreement and Release of Claims.pdf

Number

212047

 

Version

SUBSTITUTE 1

 

Reference

 

Sponsor

THE CHAIR

 

Title

Substitute resolution authorizing settlement of claims in the lawsuit entitled Kraai v. City of Milwaukee, Eastern District Federal Court Case Number 20-cv-00909.

 

Analysis

This resolution authorizes a settlement payment in the lawsuit Kraai v. City of Milwaukee, Eastern District Federal Court Case Number 20-cv-00909 in an amount not to exceed $1,150,000.00 to fund the payments set forth in the settlement agreement and by order by the Court.

 

Body

Whereas, the plaintiff, has agreed to settle claims for himself and on behalf of a class/collective of similarly-situated individuals, against the City of Milwaukee through a Settlement Agreement providing for payment of the total amount not to exceed $1,150,000.00; and

 

Whereas, the Settlement Agreement approved as to form and executed by the City Attorney, the Plaintiffs, and approved and ordered by the Court is attached hereto as Exhibit 1; and

 

Whereas, the City Attorney recommends and the Common Council of the City of Milwaukee deems it appropriate and just to pay a settlement of the claims against it in this lawsuit; now, therefore, be it

 

Resolved, by the Common Council of the City of Milwaukee that the proper City officials be and are hereby authorized and directed to issue a City check  in the amount of $1,150,000.00 payable to the order of Kraai v. City of Milwaukee QSF #01893980996, the MacGillis Wiemer, LLC, Client Trust Account, 11040 W. Bluemound Road, Suite 100, Milwaukee, WI, 53226, in full and final settlement of all monetary damages sought in this lawsuit, including attorney’s fees and costs, and any other fee, cost, tax, or other monies properly due and owing by law, in accord with the Settlement Agreement, and approved said amount to be charged to the Damages and Claims Fund, Account 636505, Fund 0001, Organization 1490, Program  2632, Sub Class S118; and be it

 

Further Resolved, That the proper City officers are authorized to make the necessary transfers to the appropriate accounts or funds to disburse the settlement amount, including funds authorized for such settlement in Common Council file 221137; and be it

 

Further Resolved, That the Comptroller and other City Officials are authorized to take any further necessary steps to carry out the directives of this Resolution.

 

Requestor

City Attorney

 

Drafter

JAMES D. LEWIS

JDL/cdr

March 8, 2023

1061-2020-735.001/283576

 

TECHNICAL CORRECTION -- JAMES R. OWCZARSKI -- MARCH 28, 2023