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...
Click here for full text