97-22577 RESO
RESOLUTION NO.
97-22577
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING
A STIPULATION OF SETTLEMENT BETWEEN DANILO
MEULENER ET UX. AND THE CITY OF MIAMI BEACH ET
AL. AND AUTHORIZING THE EXECUTION OF ANY
NECESSARY DOCUMENTS.
WHEREAS, Danilo Meulener et ux. have, through their attorney, asserted claims against the
City of Miami Beach et al. ("City") in Danilo Meulener. et ux v. City of Miami Beach. et aI, in the
United States District Court for the Southern District of Florida, Case No. 93-2343-CIV -MORENO;
and
WHEREAS, the parties desire to settle the outstanding claims to avoid further costs and risks
of litigation, and with continued express denial of liability by the City, and the City Attorney and the
City Manager recommend that it is in the best interest of the City to resolve this case; and
WHEREAS, the parties have agreed to the terms and conditions as set forth in the Stipulation
of Settlement attached hereto as Exhibit "A"; and
WHEREAS, Danilo Meulener et ux., have agreed to dismiss their action, with prejudice,
against the City and all Defendants upon full execution of this Stipulation and City Commission
approval of this Stipulation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1:
That the City Commission approves the Stipulation of Settlement attached as
Exhibit "A".
Section 2:
That the City Commission hereby authorizes all necessary City personnel to
execute the Stipulation of Settlement documents and consummate the terms
thereof
PASSED and ADOPTED this 21 s t day of
,1997.
ATTEST:
_~~ (J PAA~
CITY CLERK
MAYOR
F:\ATTOIPAPDIMEULENER\MEULENER,RES
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
~/97
UNITED STATES DISTRICf COURT
SOUTHERN DISTRICf OF FLORIDA
DANILO MEULENER,
et a!.,
Plaintifft
vs.
CASE NO. 93-2343 CN -MORENO
Magistrate Judge Garber
CITY OF MIAMI BEACH and
DA VID PORTER,
Defendants.
I
STIPULA nON OF SETTLEMENT
NOW COME the Plaintiffs, DANILO MEULENER and CARIDAD MEULENER,
his former wife, by their attorneys undersignedt together with the Defendantst DAVID PORTER
and the CITY OF MIAMI BEACH, by their respective counsel undersigned, and f11e this
Stipulation of settlement in the above cause subject to the terms and conditions as follows:
1. The Plaintiffs, DANILO MEULENER and CARlOAD MEULENER,
are to receive as total settlement of the above cause from the Defendants, CITY OF
MIAMI BEAC~, the' sum of Six Hundred and Fifty Thousand ($650,000.00) Dollars;
such sum is to be distributed in such manner that after fees and costs are deducted
Caridad Meulener shall receive the sum of $lOtOOO.oo in full satisfaction of all claims
for loss of services, consortium, alimony and all other damages; the children of their
former marriage, Danilo, Jr. and Roselyn, shall each receive the sum of $lOtOOO.oo to
be held in trust until their eighteenth birthdaYt and the Plaintifft Danilo Meulener, shall receive
Case No. 93-2343-CIV-MORENO
the balance of all such funds.
2. The above figure and this settlement is subject to approval by the
City of Miami Beach, City Commission, and the City Attorney for the City of Miami
Beach shall present such settlement stipulation for approval in a timely and expeditious
manner, and within ninety (90) days, consistent witll all of tlle considerations which
were described in open court on September 29, 1997. In the event of failure of said
Commission to approve this settlement, such fact shall be promptly reported to the
Court and counsel for Plaintiffs, whereby this cause shall continue until completion.
3. TIle finally approved settlement draft shall be made payable to
Danilo Meulener and the law firm of High, Stack, Lazenby, Palahach, Maxwell & Platt
Trust Account, and shall be disbursed as indicated above after reimbursement of costs
and fees. All hospital and otller liens shall be the responsibility of the Plaintiffs;
Plaintiffs' ~ttorneys undersigned and Plaintiffs agree to indemnify and hold harmless tlle
-
Defendants, jointly and severally, for any unsatisfied lien claims tllat are brought against
either Defendant, arising out of medical treatment or care for the Plaintiff, Danilo
Meulener.
4. Upon the acceptance of the settlement proposal as outlined above
by the City Commission, the transmittal of the settlement draft to Plaintiffs' counsel
2
Case No. 93-2343-CIV-MORENO
undersigned, and Plaintiffs' execution and delivery of such standard documents of
release, exculpation and resolution as shall be by counsel for the parties, it is agreed by
and between the parties and their counsel that this cause shall be dismissed with
prejudice, each party to bear his, her or its respective costs.
DATED this ~ day of October, 1997.
nB~l; ~ ~H~'OI..Q1L
DA to MEULE R
HIGH, STACK. LAZENBY, et al.
Attorneys for Plaintiff, Dani!o Meulener
3929 Ponce de Leon Boulevard
Coral Gables, Florida 33134
(305) 443.3~ !
/' /
B"/ '
/C~~ R. STACK
t-/ Fla. Bar ;t076928
/..
~
CARlOAD MEULENER. individually
and as mother and natural guardian of
her children Danilo Meulener, Jr., and
Roselyn Muelener
JOSEPHS, JACK & GAEBE
Attorneys for Plaintiff, Caridad Muelener
Post Office Box 345 118
Coral Gables, Florida 33 114
(305) 666-6006
By ~~~
Fla. Bar #016705
3
GLEN R. GOLDSMITH, P.A.
Co-Counsel for Plaintiff, Danilo Meulener
9130 South Dadeland Boulevard
Suite 9130
Miami, Florida 33
(305) 670-5
By
~)
N R. GOLDSMITH
Fla. Bar #371874
DAVID PORTER
ROSEN & SWITKES
Attorneys for David Porter
407 Lincoln Road
Penthouse SE
Miami Beach, Florida 33139
(305) 534-4757'__j
By ~~?
Fla. Bar #241059
Case No. 93-2343-CIV-MORENO
RICHARD HERSCH, ESQ.
1101 Brickell Avenue
Suite 1801
Miami, Florida 33 13 1
(305) 358-0570
By~~
~
RICHARD HERSCH
CITY OF MIAMI BEACH
Attorneys for City of Miami Beach
City Attorney's Office
1700 Convention center Drive
Miami Beach, Florida 33139
(305) 673-7470
By
MURRAY H. DOBBIN
Fla. Bar #020703
4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
DANILO MEULENER and
CARlDAD MEULENER, etc.,
Plaintiffs,
v.
CASE NO. 93-2343-CIV-MORENO
CITY OF MIAMI BEACH, et aI.,
Magistrate Judge Bandstra
Defendants.
/
AFFIDAVIT OF VICTORIA VASQUEZ, TRANSlATOR
STATE OF FLORIDA
COUNTY OF DADE
AFFIANT, having been sworn, states:
1. I am Victoria Vasquez. I am a certified court translator.
2. All statements attested to herein are from my personal knowledge.
3. The attached Stipulation of Settlement, dated October 3, 1997, and four
pages in length, was accurately translated to DANILO MEULENER and
to CARlDAD MEULENER, both of whom indicated that they understood
the contents qf the document and agreed with its terms.
lJlcLq ~
VICTORIA VASQt1&j
SUBSCRIBED before me on October 14, 1997, by Mfiant,
o to me, and who took an oath, who says that the foregoing is
e best of her knowledge.
Mich e eiler
Notary Public, State of Florida
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OFFICE OF THE CITY ATTORNEY
CITY OF MIAMI BEACH
TO: Mayor Seymour Gelber
Members of the City Commission
City Manager Jose Garcia-Pedrosa
FROM: Murray H. Dubbin ~ A.~ IIJV
City Attorney j\t{ .~~
SUBJECT: Notice of Closed Executive Session
DATE: October 14, 1997
Pursuant to Section 768.28, Florida Statutes, a Closed Executive Session will be held during lunch
recess on October 21, 1997, to discuss the following Risk management items:
Danilo Meulener, et aI., v City of Miami Beach, et al. Case No. 93-2343 crv MORENO.
Richard Weiss v City of Miami Beach. Case No. 95-2899 crv MORENO
The Closed Executive Session will be held in the City Manager's large conference room, Fourth
Floor, City Hall.
cc: Risk Management
~
474
Agenda Item R loA
Date~