V(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
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