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File #: 20-1127    Version: 1 Name: 07/20/20 Cervantes Settlement
Type: Resolution Status: Passed
File created: 7/20/2020 In control: City Council
On agenda: 7/20/2020 Final action: 7/20/2020
Enactment date: 7/20/2020 Enactment #: R-20-292
Title: Resolution to Authorize Settlement of Cervantes v. City of Ann Arbor, United States District Court Case No. 18-cv.13905
Sponsors: Christopher Taylor

Title

Resolution to Authorize Settlement of Cervantes v. City of Ann Arbor, United States District Court Case No. 18-cv.13905

Staff

Prepared by:                       Stephen K. Postema, City Attorney

Reviewed by:                       Stephen K. Postema, City Attorney

Body

Whereas, The plaintiff in this case, through his attorney, has agreed to dismiss this lawsuit and all claims against the City pursuant to the following resolution;

 

Whereas, The City Attorney’s Office updated Council regarding the mediation and provided its legal analysis of the case in a privileged and confidential memorandum dated May 30, 2020;

 

Whereas, This resolution is proposed to clear this case from the federal court docket without further court procedures, time or costs, and without any precedent or admission of liability.

 

RESOLVED, That the City Council approves and authorizes the settlement of federal District Court, Eastern District of Michigan, entitled Mauro Cervantes v. City of Ann Arbor Case No. 18-cv-13905 for a payment by the City of $8,500 and credit of 104 hours of compensatory time. This resolution is contingent upon full settlement agreement and release of all claims, and dismissals of all claims with prejudice by the Court, in a form and with terms approved by the City Attorney.

 

RESOLVED, That the City Council authorizes and directs the Interim City Administrator and City Attorney to take such further actions as are consistent with the purposes of this resolution.

 

Sponsored by: Mayor Taylor