City of Ocala Logo

  For historical data from all meetings prior to January 18, 2022, please refer to our archived meeting repository.

File #: 2025-0120   
Type: Agenda Item Status: Agenda Ready
File created: 10/29/2024 In control: City Council
On agenda: 11/5/2024 Final action:
Title: Provision of direction to staff (legal counsel) regarding potential settlement with Plaintiffs in the matter of Rojas v. City of Ocala, Florida, (Case Number 24-12634 / 5:14-cv-00651), an appeal currently pending before the United States Court of Appeals for the Eleventh Circuit
Attachments: 1. WES - OCALA - ATTORNEY - CAO - PUBLIC NOTICE - Shade Meeting - Rojas v. Ocala - 10-16-2024
Date Action ByMotionResultAction DetailsMeeting DetailsVideo
No records to display.

Submitted By: William E. Sexton, City Attorney

Presentation By: William E. Sexton, City Attorney

end

Department: City Attorney

STAFF RECOMMENDATION (Motion Ready):

title

Provision of direction to staff (legal counsel) regarding potential settlement with Plaintiffs in the matter of Rojas v. City of Ocala, Florida, (Case Number 24-12634 / 5:14-cv-00651), an appeal currently pending before the United States Court of Appeals for the Eleventh Circuit

end

OCALA’S RELEVANT STRATEGIC GOALS:

Operational Excellence

PROOF OF PUBLICATION:

N/A

body

BACKGROUND:

On or about July 16, 2024, following a review of appellate options provided by legal counsel for the City resulting from the June 26, 2024, Order (on motions for summary judgment) by Judge Timothy J. Corrigan of the United States District Court for the Middle District of Florida, the Council directed staff to proceed with appealing said decision to the U.S. Court of Appeals for the Eleventh Circuit.

Thereafter, counsel for the City was contacted by the attorney representing the Plaintiffs in the matter, inquiring as to the City's interest in discussing a possible settlement of the pending litigation.

Following a private, attorney-client meeting conducted on November 5, 2024, pursuant to Section 286.011(8), Florida Statutes, (Notice is Attachment 1) which included a review of the possible settlement options based upon communications by counsel for the Plaintiffs, Council is now prepared to provide direction to its legal counsel as to how to proceed with said settlement discussion(s)/negotiation(s).

 

FINDINGS AND CONCLUSIONS:

The City Council of the City of Ocala, Florida finds, determines, and concludes that the direction to legal counsel regarding settlement discussion(s)/negotiation(s):

                     Is intended to and does protect and promote the health, safety, and welfare of the citizens of the City of Ocala, Florida; and

 

                     Is in the best interest of the City of Ocala, Florida, and its citizens.

 

FISCAL IMPACT:

Unknown.

 

PROCUREMENT REVIEW:

N/A 

 

LEGAL REVIEW:

N/A

 

ALTERNATIVE:

                     Authorize settlement based upon terms provided by opposing counsel

                     Respond to opposing counsel with alternate settlement terms

                     Reject settlement proposed by opposing counsel and proceed with appeal