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File #: 18-1515    Version: 1 Name: Joseph Mitchell - Civil Settlement
Type: Resolution Status: Adopted
File created: 9/23/2018 In control: Law
On agenda: 12/5/2018 Final action: 12/5/2018
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: ESX-4469-15 Claimant: Joseph C. Mitchell Claimant's Attorney: The Maglione Firm, P.C. Attorney's Address: 186 Clinton Avenue, Newark, New Jersey 07108 Settlement Amount: $25,000.00 Funding Source: Insurance Trust Fund Additional Comments: Invitation: Corporation Counsel
Sponsors: Council of the Whole
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-4469-15
Claimant: Joseph C. Mitchell
Claimant's Attorney: The Maglione Firm, P.C.
Attorney's Address: 186 Clinton Avenue, Newark, New Jersey 07108
Settlement Amount: $25,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
Invitation: Corporation Counsel
body

WHEREAS, Plaintiff, Joseph C. Mitchell, instituted a suit in the Essex County Court, captioned Joseph C. Mitchell v. Richard Weber, Docket No. ESX-L-4469-15, in which the plaintiff sought recovery for damages allegedly sustained on or about November 18, 2013, as a result of the alleged actions of the City of Newark and its employees; and

WHEREAS, a settlement proposal has been made to resolve this litigation, in its entirety by the execution of a Settlement Agreement and Release ("Settlement Agreement") and payment in the total amount of Twenty-Five Thousand Dollars and Zero Cents ($25,000.00), ("Settlement Sum"); and

WHEREAS, the Corporation Counsel based upon all facts and circumstances presented, deems it in the best interest of the City of Newark to resolve said matter by execution of the Settlement Agreement and payment of the proposed Settlement Sum.

NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

1. The Corporation Counsel is hereby authorized, on behalf of the City of Newark, to execute and accept the terms of the Settlement Agreement and Release, attached hereto.

2. Upon receipt by the Corporation Counsel of all documents deemed necessary, the Director of Finance is hereby authorized and directed to issue payment in the amount of $25,000.00 (Twenty-Five Thousand Dollars and Zero Cents), which payment will be made jointly payable to the Law Office of Dean Maglione, P.C., and Joseph C. Mitchell, and which payment will be mailed to The Law Office of Dean Maglione, P.C.,...

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