Title
Resolution to Authorize Settlement of Attorney Fees in Class Action Lawsuit Entitled Sean Yannotti v. City of Ann Arbor, United States District Court Case No. 22-cv-12147 (8 Votes Required)
Staff
Prepared by: Jennifer Richards, Senior Assistant City Attorney
Reviewed by: Atleen Kaur, City Attorney
Body
Whereas, On September 10, 2022, Plaintiff Sean Yannotti, the named Plaintiff, filed a proposed class action lawsuit in federal court alleging that the City violated the Fourth Amendment to the U.S. Constitution by chalking his car tire on April 6, 2019, to enforce its parking ordinances;
Whereas, On April 22, 2019, sixteen days after Plaintiff's tire was chalked, the Sixth Circuit Court of Appeals in Taylor v. City of Saginaw, 922 F.3d 328, 333 (6th Cir. 2019) held that tire chalking is a search and thus, requires either a search warrant or an applicable exception to the Fourth Amendment's search warrant requirement;
Whereas, The City immediately stopped tire-chalking on April 23, 2019, in response to the Taylor decision;
Whereas, To avoid the cost of continued litigation, the parties settled and resolved the proposed class action lawsuit settlement by R-25-091 through a claim process for Plaintiff and eligible class members to submit a claim for $1.00 per class member, in exchange for a class action settlement agreement, release of all claims against the City, and dismissal of the lawsuit with prejudice;
Whereas, The claim process has concluded and the only remaining issue is the statutorily required reasonable attorney fees for the prevailing party under 42 U.S.C. ? 1988;
Whereas, To avoid the cost of further litigation as to the attorney fee question, the parties settled and resolved the issue; and
Whereas, The City Attorney's Office has advised City Council on the attorney fee issue in an attorney-client privileged and confidential legal advice memorandum;
RESOLVED, That City Council authorizes the City Attorney to fully resolve the reasonable ...
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