Title
A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Implement A Settlement In Litigation Styled Yaroslav Farber v. City Of Hollywood, Et. Al.
Strategic Plan Focus
Financial Management & Administration
Body
Staff Recommends: Approval of the attached Resolution.
Explanation:
On or about April 14, 2020, plaintiff Yaroslav Farber (“Claimant”) filed a federal action against the City and Caryl Shuham, Douglas Gonzales, and Luis Lopez, individually, claiming that the defendants violated his civil rights resulting from a dispute as to the construction and permitting of a boat dock at Claimant’s property located at 1020 N. Northlake Drive in Hollywood, Florida. While Shuham and Gonzales denied all claims asserted against them, a Counterclaim was filed against Claimant alleging that his actions were the result of a malicious prosecution directed at the two defendants by Claimant.
Prior to trial of the cause, the parties attended a second, Court-ordered mediation of the matter on March 25, 2022, at which the parties as well as the City’s insurer, Ironshore Specialty Insurance Company, reached a tentative Confidential Settlement Agreement and Comprehensive Release of all claims. As part of the settlement, the City, though its insurer, will tender, on behalf of the City, the settlement sum to Claimant.
By entering into this settlement, none of the defendants admit any liability or wrongdoing, but rather, settlement is a business decision that is recommended by the City’s insurer solely to avoid the costs of a protracted trial and to avoid the uncertainties associated with any trial.
Fiscal Impact:
All settlement sums are to be paid by the City’s insurer.
Recommended for inclusion on the agenda by:
Douglas R. Gonzales, City Attorney