Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 24-R08, Resolution Authorizing the Settlement of Litigation
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Submitted By: Richard Berrios, City Attorney’s Office
Strategic Plan Link: The City’s Mission to be financially responsible.
Executive Summary (General Business): The proposed resolution authorizes the settlement of the matter Moxie Pest Control Florida, LLC v. City of Port St. Lucie, Florida, Case No. 23-14250-Civ-Middlebrooks/Maynard.
Presentation Information: Brief comments by the Interim City Attorney.
Staff Recommendation: Move that the Council complete the motion in the affirmative and approve the resolution.
Alternate Recommendations:
1. Move that the Council not approve the resolution and provide direction.
Background: The City is the defendant in the matter Moxie Pest Control Florida, LLC v. City of Port St. Lucie, Florida, Case No. 23-14250-Civ-Middlebrooks/Maynard. This claim alleges, inter alia, that aspects of the City’s door-to-door solicitation ordinance are unconstitutional, and plaintiff seeks various remedies including statutory attorney’s fees, injunctive relief, and declaratory relief. Following court-mandated settlement discussions which were mediated by the Federal Magistrate assigned to the matter, the Federal Magistrate, as mediator, proposed a settlement to fully and finally resolve the dispute between the parties, which plaintiff has accepted. In short, Plaintiff Moxie Pest Control Florida, LLC has agreed to withdraw all pending claims with prejudice upon the following terms: (1) the City amending Chapter 112 of the City’s Code of Ordinances to prohibit door-to-door solicitation after 8 p.m.; (2) Plaintiff agrees to the retention of the fingerprinting requirement in Chapter 112; (3) the City agrees to not enforce private restrictions set forth by homeowner associations’ on door-to-door solicitation; and (4) both parties agree to pay their own fees and costs.
Issues/Analysis: Legal issues and analysis have been discussed in prior shade sessions with City Council, assigned outside counsel, Deputy City Attorneys, and the Interim City Attorney.
Financial Information: Not applicable. This is a no cash settlement.
Special Consideration: Requesting that the Council call this item and the Second Reading of the Amendments to Chapter 112 simultaneously since both items are linked to one another.
Location of Project: U.S. District Court, Southern District of Florida
Attachments: Resolution.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 23332-04
Legal Sufficiency Review:
Reviewed by Amber Izzo, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, Interim City Attorney.