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