Item T08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
6/16/04
Division:
County Attornev
AGENDA ITEM WORDING:
Approval of settlement agreement in the case of Mary Quinn v. James Roberts, 96-10134-CN-Paine,
ITEM BACKGROUND:
Mary Quinn brought suit against the County and the County Administrator alleging that she was
wrongfully terminated from her position with the Library.
PREVIOUS RELEVANT BOCC ACTION:
On April 30, 2004, the Board authorized a closed session for May 19, 2004. At the May 19, 2004
meeting the Board authorized trial counsel Michael Burke to settle for as much as $55,000.00.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $55,000,00
BUDGETED: Yes
No
COST TO COUNTY: $55,000,00
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes~ No AMOUNT PER MONTH Year
APPROVED BY: County A~~ "'OMBlPurchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
John R. Collins, County Attorney
DOCUMENTATION:
Included xxx
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # -r8
Revised 1/03
l^ W OFFICES
JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & McDuFF, P,A.
^ rIlOFI!SS10N^L ^SSOCI^TION
SCOTT D. ALEXANDER. PA
MICHAEL T. BURKE Ot
CAROL VN A, EGAN
ERIN E. GILL
JEFFREY L HOCHMAN. P.A.
E. BRUCE JOHNSON.
RICHARD H, McDUFF. PA'
2455 EAST SUNRISE BOULEVARD
SUITE 1000
FORT LAUDERDALE, FL ~~
ROBERT E. MURDOCH
MICHAEL R, PIPER, PA .
WillIAM E, PLATOW
JEREMY A. SCHINDER
DAVID M. SCHWEIGER, PA
TAMARA M, SCRUDDERSt
CHRISTOPHER l. SMITH
MAILING ADDRESS:
POST OFFICE BOX 030220
FORT LAUDERDALE. Fl 33303-0220
. BOAR/) Cf;R "FlEI} Ot'lL TIt",L LA WYE"$
t R{)ARD r.ERTl"'E1J~il.rELU7[ 1....wn.JlS
(954) 463-0100 Broward
(303) 945-2000 - Dade
TELECOPIER (954) 483-2444
RETIU:V.
RONALD P. ANSELMO
BURL F. GEORGE
June 1,2004
Via Federal Express
Mr. James L. Roberts
Monroe County Administrator
5 100 Junior College Road
Key West, FL 33040
Re: Mary Quinn vs. Monroe County and James L. Roberts
D/Loss 6/02/95
Our File 96-525 MTB
Dear Mr. Roberts:
In accordance with direction provided by the Board of County Commissioners at
its May 19,2004 Executive Session, I have negotiated a tenetive agreement to settle the
above referenced matter. Specifically, Plaintiff Mary Quinn and her atturneys have agreed
to accept the total sum of $55, 000.00 in full and complete settlement of all claims for
damages, back wages, costs and attorney's fees in the above referenced matter. Enclosed
please find copies of the general release which I have forwarded to Mary Quinn for
signature together with the Stipulation for Final Order of Dismissal which I have
forwarded to her Attorney Ware Cornell. Both of these documents are in the process of
being executed and returned to me,
I would appreciate your assistance in placing this proposed settlement on the
Board of County Commissioners June 16, 2004 meeting agenda. If approved by the Board
of County Commissioners, I will need to obtain a settlement check in the amount of
$55,000.00 payable to Cornell and Associates, P.A. trust account. In accordance with the
party's notification of pending settlement, the court has removed the case from the June 1,
2004 trial docket.
Michael T. Burke
MTB/It For the Finn
cc Bill Grumhaus, Risk Manager (Via Federal Express)
Richard Collins, County Attorney (Via Federal Express)
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UNITED STATES DISTRICf COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 96-1 01 34-CIV-P AINElVitunac
MARYQUINN,.
Plaintiff,
vs.
MONROE COUNTY and JAMES L.
ROBERTS, County Administrator, Monroe
County individually and in his official capacity,
Defendants.
/
STIPULATION FOR FINAL ORDER OF DISMISSAL
The Plaintiff, MARY QUINN, and Defendant, JAMES L. ROBERTS, by and through
their undersigned attorneys stipulate and agree to the entry of a Final Order of Dismissal,
with each party to bear their own costs and attorneys' fees and with prejudice to the Plaintiff.
G. WARE CORNELL, JR., P.A.
Weston Town Center Executive
1792 Bell Tower Lane, Ste. 210
Weston, FL 33326
Attorney for Plaintiff
954/524~2703 Telephone
954/524-2706 Fax
By:
G. WARE CORNELL, JR.
Florida Bar No.
Dated:
Sod
VVSV-G6G-SOE
JOHNSON, ANSELMO, MURDOCH,
BURKE, PIPER & McDUFF, P.A.
2455 East Sunrise Blvd., Suite 1000
Fort Lauderdale, FL 33301
Attorneys for Defendant, James L. Roberts
(954) 463~0100 Telephone
(954) 463-2444 Fax
By:
MICHAEL T. BURKE
Florida Bar No. 338771
Dated:
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 96-1 01 34-CIV-PAINFJVitunac
MARY QUINN, .
Plaintiff,
vs.
MONROE COUNTY and JAMES L.
ROBERTS, County Administrator, Monroe
County individually and in his official capacity,
Defendants.
I
FINAL ORDER OF DISMISSAL WITH PRE.JUDICE
THIS CAUSE came on to be considered upon the Parties' Stipulation for a Final Order
9f Dismissal, and the Court being fully advised in the premises, it is hereupon
ORDERED AND ADJUDGED that the above-styled action be and the same is hereby
dismissed, each party to bear their own costs and attorneys' fees and with prejudice to the
Plaintiff.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida,
this _ day of
, 2004,
JAMES C, PAINE
UNITED STATES DISTRICT JUDGE
Copies furnished:
MICHAEL T. BURKE, ESQUIRE
G. WARE CORNELL, ESQUIRE
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GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That I, MARY QUINN, hereinafter referred to as "first party", for and In
consideration of the sum of FIFTY..FIVE THOUSAND DOLLARS
($55,OOO.OOlor other valuable considerations, received from or on behalf of
JAMES L. ROBERTS and MONROE COUNTY, together with its officials,
employees and agents, both past and present, hereinafter referred to a's
"second party", the receipt Is hereby acknowledged,
(Whenever used herein the terms "first party" and "second party"
shall Include singular and plural, heirs, legal representatives and
assigns of Individuals and the officials, agents and employees,
successors and assigns of corporations, partnerships or trusts, both
past and present wherever the context so admits or requires.)
HEREBY remise, release, acquit, satISfy, and forever discharge the
said second party, of and from all and all manner of action and actions, cause
or causes of action, suits, debts, dues, specialties, covenants, contracts/.
controversies, agreements, promIses, variances, trespasses, damages,
judgments, executlons, claims and demands whatsoever, in law or in equity,
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 party, for, upon or by reason of any matter, cause or thing
whatsoever, from th'e' beginning of the world to the day of these presents;
including but not limited tOr any and all claims for damages, costs,
attorneys' fees and equitable relief arising from the termination of Mary
Quinn's employment with Monroe County, together with any and all
claims which were or could have been brought in the lawsuit styled
"Mary Quinn, Plaintiff, vs~ James L. Roberts, Defendant," In the United
States District Court, Southern District of Florida, Case No. 96-10134"
CIV-PAINE/Vitunac,
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It Is understood and agreed to by the parties that this settlement is a
compromise of a doubtful and disputed claim and that payment is not to be
construed as an admissIon of liability on the part of the second parties, QY
whom liability Is expressly denied,
IN WITNESS WHEREOF, I have hereunto set my hand and seal this -
day of , May, 2004.
Signed, sealed and delivered
In the presence of:
L.S.
MARY QUINN
STATE OF )
COUNTY OF )
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 Mary Quinn, me known to be the person described In the
foregoing Instrument or who has produced as
Identification and who did take an oath and she acknowledged before me that',
she executed the same,
WITNESS my hand and official seal in t~e County .and State last
aforesaid this day of , 2004,
NOTARY PUBliC STATE OF FLORIDA
My Commission Expires:
This Instrument Prepared by:
MICHAEL T. BURKE, ESQUIRE
Johnson, Anselmo, Murdoch,
Burke, Piper & McDuff, P.A.
2455 E. Sunrise Blvd., Ste. 1000
Fort Lauderdale, FL 33304
(954) 463-0100
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