Loading...
HomeMy WebLinkAboutV(E) Ocoee v Ryan (Maguire Road Improvements Project) Rejection of Offer of Judgment. Agenda 02-03-2004 Item V E STAFF REPORT TO: The Honorable Mayor and Board of City Commissioners FROM: John P. Horan Assistant City Attorney DATE: January 27,2004 RE: Ocoee/Ryan Incorporated Eastern Lawsuit - Offer of Judgment/Proposal of Settlement made by Ryan for $1,250,000. On December 22, 2003 the Commission met in special session and adjourned to meet in closed session with Assistant City Attorney John Horan to discuss settlement negotiations and strategy. After the closed session the special session was reopened and the Commission authorized Mr. Horan to make an offer of judgment/proposal of settlement in the total amount of$564,322.39. This offer of judgment/proposal of settlement was made on December 23,2003. Under applicable law Ryan had 30 days to file the offer of judgment/proposal of settlement in order to accept it. Failure to file the offer of judgment/proposal of settlement within 30 days constitutes a rejection. Ryan did not accept the offer of judgment/proposal of settlement. Instead, on January 23, 2004, Ryan served its own offer of judgment/proposal of settlement offering to accept the sum of $1,250,000. In order to accept this offer of judgment/proposal of settlement from Ryan, the City must file the offer of judgment/proposal of settlement with the court on or before February 22, 2004. Staff recommends rejection of Ryan's offer of judgment/proposal of settlement. JPHO/jpho Attachment STAFF REPORT IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA RYAN INCORPORATED EASTERN, a Florida corporation. Plaintiff, v. Case No. 03-CA-644 (37) CITY OF OCOEE, a municipal corporation of the State of Florida, Defendant. / PROPOSAL FOR SETTLEMENT Plaintiff, Ryan Incorporated Eastern ("Ryan") submits this Proposal for Settlement on the claims asserted in the Amended Complaint, the defendant, City of Ocoee's (the "City") Answer, Affirmative Defenses and Counterclaim and Ryan's Responses to Defendant's Answer, Affirmative Defenses and Counterclaim. The Proposal for Settlement is being served pursuant to Rule 1.442 of the Florida Rules of Civil Procedure and the non-conflicting provisions of Section 768.79 ofthe Florida Statutes. 1. This Proposal is being made by Ryan to the City. 2. Ryan proposes to settle all claims and counts raised in the Amended Complaint, the City's Answer, Affirmative Defenses and Counterclaim and Ryan's Responses to Defendant's Answer, Affirmative Defenses and Counterclaim by a payment made by the City to Ryan in the amount of $1,275,000.00. This payment is made in full settlement between the City and Ryan, of all matters at issue in the Amended Complaint, the City's Answer, Affirmative Defenses and Counterclaim and Ryan's Responses to Defendant's Answer, Affirmative Defenses and Counterclaim in this action, including attorney's fees, costs, interest and any other amounts sought by either party against the other in this action. IN THE CIRCUIT COURT OF THE NINTH 3. There is no claim for punitive damages pending in this action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been sent via facsimile and U.S. Mail to: John P. Horan, Esq., Foley Lardner, 111 North Orange Ave., Suite 1800, Orlando, FL 32801-2386 and Martin Buckley, Esq., Ringer, Henry & Buckley, P.A., P.O. Box 4922, Orlando, FL 32802-4922 on this _ day of January, 2004. Respectfully submitted, Joseph W. Lawrence, II Florida Bar Number 211303 Robert L. Frye Florida Bar Number 0108979 Vezina, Lawrence & Piscitelli, P.A. 350 East Las Olas Boulevard Suite 1130 Fort Lauderdale, Florida 33301 Telephone: (954)728-1270 Facsimile: (954)728-1271 Attorneys for Ryan Incorporated Eastern 2 IN THE CIRCUIT COURT OF THE NINTH II U""l I"" I A I I"".nl""llI"T"