Item B1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 2, 2011 Division: County Attorney
Bulk Item: Yes _ No xxxx Staff Contact Person/Phone #: Bob Shillinger, x3470
AGENDA ITEM WORDING: Ratification of mediation agreement in Benjamin Moore v. Monroe
County, 10- 10088 -CV.
ITEM BACKGROUND: Former employee Benjamin Moore sued the county for discrimination.
While most of the counts in the complaint were resolved on summary judgment in favor of the County
in an order dated July 8, 2011, the remaining counts were scheduled to be tried before Judge King on
August 8, 2011 at the Federal Court House in Key West. On August 1 the case was mediated. As a
result of that mediation, a settlement agreement was reached. Under the terms, the County would pay
Moore $98,500.00, inclusive of his damages, attorney's fees and costs and Moore would execute a full
release of all claims against the County including waiving his appellate rights regarding the claims that
the Court has already dismissed including those related to his termination. Because of insurance
coverage, the County will get reimbursed $50,000 by the carrier. A copy of the mediation agreement is
attached.
The reason for the special meeting is that the Court will not take the case off its docket or cancel any
proceedings until the agreement is approved by the Commission.
PREVIOUS RELEVANT BOCC ACTION: On 7/20/11 the Board gave direction to legal staff in a
closed attorney client session held pursuant to F.S. 286.011(8).
CONTRACT /AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $98,500.00 INDIRECT COST: unknown BUDGETED: yes
COST TO COUNTY: @$48,500 net SOURCE OF FUNDS: ad valorem
REVENUE PRODUCING: no AMOUNT PER MONTH Year
APPROVED BY: County Atty i/ ^ OMB /Purchasing Risk Management
DOCUMENTATION: Attached. Not Required
DISPOSITION: AGENDA ITEM # • 1
Revised 1/09
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
KEY WEST DIVISION
CASE NO. 2010 -CV -1008 -KING
BENJAMIN MOORE,
Plaintiff,
vs. C
1 Tt
MONROE COUNTY, a political
subdivision of the State of Florida,
CD
cn t
Defendant.
0
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
Dated this / of August, 2011.
FLORIN ROEBIG, P.A.
2255 Glades Road, Suite 324 -A
Boca Raton, Florida 33431
Telephone: (561- 989 -5414
,��hT�WI ✓Vtre ✓-e
BENJAMIN MOORE
Plaintiff B
Gr: -_'• A. Owens
Florida Bar No: 51366
Attorney for Plaintiff
MONROE COUNTY JOHNSON, ANSELMO, MURDOCH,
BURKE, PIPER & HOCHMAN, P.A.
2455 East Sunrise Boulevard, Suite 1000
By:
.4 Fort Lauderdale, Florida 33304
Telephone: (954-46 -0 10
N e: eN'r tfi'� L L
Title: 1-4 -- �,&u t Aft,,fZy
I By:,
Defendant 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.
Attest: For the Monroe County BOCC
hy Kalhage, Clerk
By e . ig-(44- > 'ir
Deputy Clerk
H- : ther arruthers, Mayor
Date: k- o? -
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