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File #: 22-1050    Version: 1 Name: Resolution: Settlement of Civil Litigation - Widmaier Estate
Type: Resolution Status: Adopted
File created: 7/25/2022 In control: Law
On agenda: 11/2/2022 Final action: 11/2/2022
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: Civil Action No. 2:16-cv-2533(JMV-MF) Claimant: Nancy Widmaier and Vincent A. Widmaier Claimant's Attorney: James C. Dezao, Esq. Settlement Amount: $150,000.00 Funding Source: Insurance Trust Fund Additional Comments:
Sponsors: Council of the Whole
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: Civil Action No. 2:16-cv-2533(JMV-MF)
Claimant: Nancy Widmaier and Vincent A. Widmaier
Claimant's Attorney: James C. Dezao, Esq.
Settlement Amount: $150,000.00
Funding Source: Insurance Trust Fund
Additional Comments:
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WHEREAS, Plaintiff, captioned Nancy Widmaier and Vincent A. Widmaier, in their capacity as limited administrator for the Estate of Michael Widmaier, instituted a suit in the United States District Court for the District of New Jersey captioned Nancy Widmaier and Vincent A. Widmaier, individually and as Administrator Ad Prosequendum for the Estate of Michael Widmaier v. City of Newark et al., Civil Action No. 2:16-cv-2533(JMV-MF), in which the Plaintiff sought recovery for damages allegedly sustained in 2015 for the alleged violations of his constitutional rights and for tort injuries; and

WHEREAS, a settlement proposal has been made to resolve this litigation in its entirety by payment in the total amount of One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00) (the "Settlement Sum"), and execution of a Settlement Agreement and Release; and

WHEREAS, to avoid the costly expense of litigation, the Parties and the City's Corporation Counsel desire to amicably resolve this matter with payment by the City of Newark of the Settlement Sum, in exchange for Plaintiff's execution of the Settlement Agreement and Release (attached) as a full and complete release of the matter; and

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

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

1. The City's Corporation Cou...

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