HomeMy Public PortalAbout12-8333 Settlement for Dion McGloun Sponsored by: City Manager
RESOLUTION NO. 12-8333
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO APPROVE THE
SETTLEMENT FOR DION MCGLOUN IN THE MATTER OF
MCGLOUN VS. CITY OF OPA-LOCKA, CASE NO 11-21855
CA 04, IN THE TOTAL AMOUNT OF $52,000, PAYABLE
FROM ACCOUNT NUMBER 28-514390; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Dion McGloun was an employee of the City of Opa-locka who was
terminated; and
WHEREAS, although the City of Opa-locka denies the allegations asserted by Dion
McGloun, nonetheless, to avoid unnecessary expense and the uncertainty of litigation, the City
desires to settle any and all alleged claims of Dion McGloun, and to reinstate his employment;
and
WHEREAS, the City Commission of the City of Opa-locka desires to approve the
settlement agreement between Dion McGloun and the City of Opa-locka.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, approves the settlement
between Dion McGloun and the City of Opa-locka, in the total amount of$52,000, inclusive of
attorney fees, payable from Account Number 28-514390, on the terms set forth in the attached
Exhibit "A".
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 8th day of February, 2012
/ 1 1
A I..
OF RA TAYLOR
MA OR
4test to:
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(-)4.0,,,_,
._
'i anna Flores
nterim City Clerk
Approved as 'e form and legal sufAci!cy:
II
Jo •p4SrLLller wv —v'
i l Atte ey
Moved by: VICE MAYOR J• SON
Seconded by: COMMISSIONE c ILLER
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
7906811 v1
GENERAL RELEASE,NO LIEN AFFIDAVIT,
AND INDEMNIFICATION AGREEMENT
DION McGLOUN,hereinafter referred to as"first party,"for and in consideration of the sum
of FIFTY TWO THOUSAND and NO/100 ($52,000.00) DOLLARS and reinstatement to a
position of employment with the CITY OF OPA-LOCKA and other valuable consideration received
from or on behalf of CITY OF OPA-LOCKA,and BRYAN FINNIE,as City Manager of Opa-locka,
the receipt whereof is hereby acknowledged,
HEREBY irrevocably remises,releases,acquits,satisfies,and forever discharges CITY OF
OPA-LOCKA and BRYAN FINNIE, as CITY MANAGER OF OPA-LOCKA, officials, agents,
representatives, employees, and insurance carriers,hereinafter collectively referred to as "second
parties" of and from all, and all manner of action and actions, cause or causes of action, suits,
attorneys' fees and costs, specialties, covenants, contracts, controversies, agreements, liens,
subrogated interests,rights of indemnity and contribution,promises,variances,trespasses,damages,
awards, judgments, remedies, executions, demands and claims whatsoever in law and equity
(collectively "CLAIMS") which said first party ever had, now has, or which any personal
representative,successor,heir or assign of said first party,hereafter can,shall or may have,against
said second parties, for, upon or by reason of any matter, cause or thing whatsoever, from the
beginning of the world to the day of these presents. This General Release includes,but is not limited
to, any CLAIMS raised in,that could have been raised in,or arising out of the litigation captioned:
CASE NO. 11-21855 CA 04,IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY,DION McGLOUN,Plaintiff,v.CITY OF OPA-LOCKA,and
BRYAN FINNIE,as CITY MANAGER of OPA-LOCKA,Defendants.
FIRST PARTY SPECIFICALLY UNDERTAKES AND AGREES TO INDEMNIFY
the second parties and hold them harmless for and against CLAIMS of any kind,including all
ambulance,air ambulance,medical transport,hospital,and medical provider claims,demands,
and liens,that are or may be asserted against the second party. First Party represents that all
bills,invoices, and charges arising out of the incident sued upon in the Litigation have been
or will be satisfied and paid in full out of the sum referenced above and that no liens or
CLAIMS of any kind remain pending.
First party has carefully read this General Release, No Lien Affidavit, and Indemnification
Agreement with the assistance of his attorney,James H. Greason, Esq.,and understands its terms,
obligations,operation,and effect.
First party acknowledges that payment of the sum referenced above is intended only to
resolve pending litigation and shall not be deemed or considered any admission or acceptance of
blame, liability, or responsibility in any respect for the matters claimed by the First Party in the
Litigation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of
,2012.
Signed, sealed and delivered
in the presence of:
Witness DION McGLOUN
Witness
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared DION
McGLOUN to me known to be the person described or who presented the following identification
, and who executed the foregoing instrument and acknowledged before me that
he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this day of
, 2012.
NOTARY PUBLIC, STATE OF
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My Commission Expires:
Commission No.
Page2of2
General Release, No Lien Affidavit,and Indemnification Agreement
McGloun v. City of Opa-locka, et al.
CASE NO. 11-21855 CA 04
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IN TIDE CIRCUIT COURT OP THE
11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 11-21855 CA 04
DION McGLOUN, .
Plaintiff,
V.
CITY OF OPA-LOCKA, and
BRYAN FINNIE; as C1T
MANAGER OF OPA-LOCKA,
Defendants,
5TIP.ULATION VOlt.DISMISSAL WIT11.PREJIIMICt
OF.CLAIMS AGAINST pgrort•AsTs
IT IS HEREBY STIPULAUD AND AGlatD by and between the undersigned counsel
for the respective patties herein that the claims of the Plaintiff, DION McOLOUN, against the
Defendants, CITY OF OPA-LOCKA and BRYAN PINNIE, as CITY MANAGER OF OPA-
LOCKA, have been amicably resolved; and that the Plaintiffs claims in this matter against the
Defendants, CITY OF OPA-LOCKA and BRYAN FINNIE, as CITY MANAGER OF OPA-
LOCICA,shall be dismissed syit prejudice,with the respective parties to beat their own costs and
attorneys' fees.
James H.Greason 'Johnson,Ansehno, IvItirdoch,
P.O. Box 611331 Burke, Piper&Hochman, P.A.
North Miami, FL 33261 2455 E. Sunrise Blvd.; Suite 1000
Counsel for Plaintiff Fort Lauderdale,Florida 33304
_Counsel for Defendants
By:. .
James H. GreaSon, Esq. By ,
FL Bar No. 247911 JEFFREY L. HOCHMAN, ESQ.
FL Bar No. 902098
CHRISTOPHER J. STEARNS, ESQ.
FL Bar No. 557870
IN WE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND FOR
MIAM1-DADE COUNTY,FLORIDA
CASE NO.: 11-21855 CA 04
DION McGLOUN, •
Plaintiff,
V.
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CITY OF OP'A-LOCkA,and
BRYAN FINNIE,as CITY
MANAGER OF OPA-LOCKA,
Defendants.
MAL ORDER.OF DISMISSAL Arrni pREIvitort
TVS CAUSE having come before the court upon the Stipulation for Dismissal with
Prejudice between Plaintiff, DION McOLOUN, and Defendants, CITY OP OPA-LOCICA and
BRYAN PINKIE,as CM(MANAGER OF OPA-LOCICA,and the Court being fully advised in the
premises,it is hereupon
ORDERED AND ADJUDGED that all claims in this nutter in their entirely against the
CITY OF OVA-LOCKA and BRYAN FINNIE, as CITY MANAGER OF OPA-LOCKA shall be
dismissed with prejudice,with these respective parties to bear their OWn costs and attorneys' fees.
DONE AND ORDERED in Chambers at Mianii.Dade County,Florida, this_ . of
2012,
HONORABLE JACQUELINE HOGAN SCOLA
CIRCUIT COURT JUDGE
Copies furnished:
[Pax:Jeffrey L. Hocliman®I-954-463-2444]
[P'Sx games H. Grown®I-786-629-7377)
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