Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: Civil Action No. 2:19-cv-9755
Claimant: Grissel Nieves-Hall
Claimant's Attorney: Toscano Law Firm
Attorney's Address: 80 Bloomfield Avenue, #101, Caldwell, New Jersey, 07006
Settlement Amount: $70,000.00
Funding Source: Insurance Fund Commission
Additional Comments:
body
WHEREAS, Plaintiff, Grissel Nieves-Hall filed a Complaint in the United States District Court, District Court of New Jersey, under the Civil Action No. 2:19-cv-9755, entitled Grissel Nieves-Hall v. City of Newark and Captain Camilo Mos, (“Action”) alleging violations of the Federal Civil Rights Act, 42 U.S.C. §1983 et. seq. (“FCRA”), the New Jersey Civil Rights Act (“NJCRA”) and the New Jersey Conscientious Employee Protection Act (“CEPA”) (collectively “Claim”); and
WHEREAS, the Defendants filed Motions to Dismiss the Complaint, and on September 26, 2019, the Hon. Kevin McNulty, U.S.D.J. entered an Order denying most of Defendants’ Motions to Dismiss. Thereafter, Plaintiff’s fee-shifting FCRA claims, NJCRA claims, and CEPA claims, remained; and
WHEREAS, the Parties engaged in settlement discussions; following a settlement conference with the Hon. James B. Clark, U.S.M.J., the Parties agreed upon settlement terms; and
WHEREAS, to avoid the costly expense of litigation, the Parties and the City’s Corporation Counsel desire to amicably resolve this matter with a total payment by the City in the amount of Seventy Thousand and Zero Cents ($70,000.00) (the “Settlement Sum”), in exchange for Plaintiff’s execution of the Settlement Agreement and General Release (attached) as a full and complete release of the Claim, including any claims for attorney’s fees.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor, and/or his designee, the Corporation Counsel are hereby authorized on behalf of the City of Newark to enter into, execute and accept the terms of the Settlement Agreement and General Release (“Agreement”) between the Parties.
2. Upon receipt by the Corporation Counsel and/or Outside Counsel of all support documents, the Director of the Department of Finance is hereby authorized and directed to issue checks in the amounts as follows:
a. $60,000.00 (Sixty Thousand Dollars and Zero Cents) made payable to: Toscano Law Firm Attorney Trust Account and Grissel Nieves-Hall, and mailed to: Toscano Law Firm, 80 Bloomfield Avenue, #101, Caldwell, New Jersey, 07006.
b. $10,000.00 (Ten Thousand Dollars and Zeros Cents) made payable and mailed to: Toscano Law Firm, 80 Bloomfield Avenue, #101, Caldwell, New Jersey, 07006.
3. Attached hereto are the Certifications of the Comptroller of the City of Newark, which states that there are available sufficient legally appropriated funds for the purpose set forth hereinabove and which states that the line appropriation of the official budget which shall be charged is: Business Unit NW025, Dept. 25T, Div./Proj 7T25, Account #96340, Budget Ref: B2020, which encumbers the funds for the purpose set forth hereinabove.
4. The Corporation Counsel shall file a copy of the Comptroller’s Certifications in the Office of the City Clerk along with the resolution.
5. The Settlement Agreement and General Release and resolution does not admit nor should it be construed as an admission of liability or violation of any law, statute or regulation or a breach of any duty by the City of Newark, its agents, officers and/or employees whatsoever and is entered into based upon recommendations of the Corporation Counsel and to eliminate all risks and future litigation costs.
STATEMENT
This resolution authorizes the Mayor and/or his designee, the Corporation Counsel to resolve pending federal litigation entitled, Grissel Nieves-Hall v. City of Newark and Captain Camilo Mos, Civil Action No. 2:19-cv-9755,by executing this Settlement Agreement and Release with Grissel Nieves-Hall, in return for a full release of all claims against the City, its employees and its agents.