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 is...
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