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File #: 21-00454    Version: 1 Name:
Type: Discussion Item Status: Completed
File created: 5/14/2021 In control: City Council Special Meeting
On agenda: 5/17/2021 Final action: 5/17/2021
Enactment date: Enactment #:
Title: ATTORNEY-CLIENT PRIVATE SESSION TO DISCUSS PENDING LITIGATION IN THE CASE OF Ladies Memorial Association, Inc., et al., v. City of Pensacola, et al., CASE NO. 21-11072-D.
Sponsors: Jared Moore

DISCUSSION ITEM

 

SPONSOR:                     City Council President Jared Moore

 

SUBJECT:  

 

title

ATTORNEY-CLIENT PRIVATE SESSION TO DISCUSS PENDING LITIGATION IN THE CASE OF Ladies Memorial Association, Inc., et al., v. City of Pensacola, et al., CASE NO. 21-11072-D.

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SUMMARY:

                                          

On July 14, 2020, Ladies Memorial Association, Inc. (“LMA”), et al., file a Complaint for Declaratory and Injunctive Relief in state court.  The City removed the case to federal court and on September 2, 2020, the court dismissed the seven counts against the City and dissolved the temporary restraining order that had been issued by the state court.  LMA subsequently filed an appeal in the Eleventh Circuit Court of Appeals, which originally was dismissed.  Thereafter, LMA filed a motion to reinstate its appeal, which the Eleventh Circuit granted and is currently pending.

 

The Eleventh Circuit Court of Appeals has scheduled a mediation to explore possibilities for settlement of the case.  The mediation is currently scheduled for May 26, 2021.  It is therefore the recommendation of the City Attorney that an attorney-client session be scheduled for City Council and its attorneys to discuss settlement options in accordance with Section 286.011(8), Florida Statutes.  In compliance with the statute requirements, reasonable public notice was given.

 

This will be a private meeting with Council’s attorneys to discuss this pending litigation.

 

PRIOR ACTION:                     

 

None

 

STAFF CONTACT:

 

Don Kraher, Council Executive

Susan Woolf, City Attorney

 

ATTACHMENTS:

 

None.

 

PRESENTATION:     No