08/02/2011 AgreementDANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: August 4, 2011
TO: Suzanne A. Hutton
County Attorney
ATTN: Kathy M. Peters
Executive Assistant . _ o
FROM: Isabel C. DeSantis, D.C.
At the August 2, 2011, Special Board of County Commissioner's meeting, the following
was approved:
Item B1 Ratification of Mediation Agreement in the matter Benjamin Moore v.
Monroe County, case # 10- 10088 -CV in the amount of $98,500.
Attached are two (2) duplicate originals of the subject document for your handling.
Should you have any questions, please feel free to contact this office.
cc: Finance
File
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
KEY WEST DIVISION
CASE NO. 2010 -CV -1008 -KING
BENJAMIN MOORE,
vs.
Plaintiff,
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MONROE COUNTY, a political
subdivision of the State of Florida,
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Defendant.
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MEDIATION AGREEMENT
Pursuant to S.D. Fla. L.R. 16.2(F), the undersigned, submits this Mediation
Agreement.
On Monday, August 1, 2011, the parties mediated the above - captioned case.
Edwin A. Scales, III, Esquire, a certified mediator in the Southern District of Florida,
mediated the dispute. The parties, and their counsel, attended the mediation. The
parties agree as follows:
Defendant shall pay to Plaintiff and his attorneys the sum of $98,500 in full and
complete settlement of all claims for damages, costs, attorney's fees and equitable
relief of Plaintiff. Said funds shall be paid within 30 days after approval of this
Agreement by the Monroe County Board of County Commissioners (which is
scheduled to consider this Agreement on August 2, 2011). Plaintiff shall execute a
general release in favor of Monroe County and counsel for the parties shall execute a
stipulation for final order of dismissal of the case, with each party to bear their own
costs and fees. In the event that the Board of County Commissioners does not approve
this Agreement, then the Agreement shall be void and of no force and effect.
SIGNATURES ON FOLLOWING PAGE.
2
0
Dated this of August, 2011.
BENJAMIN MOORE
Plaintiff
MONROE COUNTY
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Defendant
FLORIN ROEBIG, P.A.
2255 Glades Road, Suite 324 -A
Boca Raton, Florida 33431
Telephone: (561- 989 -5414
By:
Gr A.Owens
Florida Bar No: 51366
Attorney for Plaintiff
JOHNSON, ANSELMO, MURDOCH,
BURKE, PIPER & HOCHMAN, P.A.
2455 East Sunrise Boulevard, Suite 1000
Fort Lauderdale, Florida 33304
Telephone: W-446 0
By:
MICHAEL T. BURKE
Florida Bar No. 338771
Attorney for Defendant
3
Ratification of Mediation Agreement
The Board of County Commissioners of Monroe County, Florida, meeting in
special session on August 2, 2011, do hereby ratify the three page mediation
agreement dated August 1, 2011 in the matter of Benjamin Moore v. Monroe County,
2 010 -CV- 10088 -KING.
Deputy Clerk
Date:
k -a- i/
For the Monroe County BOCC