UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

  
 

CASE NO.: 88-2406-CIV-MORENO

MICHAEL POTTINGER, PETER
CARTER AND BERRY YOUNG,

     Plaintiffs,

 

vs.

 

CITY OF MIAMI,

 

     Defendant.

 

______________________________/

 

 

ORDER REGARDING SETTLEMENT AGREEMENT

THIS CAUSE came before the Court at a Status Conference conducted on November 13, 1998 with respect to the Settlement Agreement previously approved in this case. Reviewing the Settlement Agreement, the role of this Court with respect to the distribution of the Compensation Fund, and procedural aspects addressed below with respect to such distribution, it is hereby

ORDERED as follows:

     a. The ninety (90) day period during which claims may be filed with the Clerk of this Court shall commence on January 4, 1999. The parties shall propose the appropriate order for notification of this date to all potential claimants within ten (10) days of the date of this Order.

     b. Proof of Claim forms are to be filed with the Clerk of the Court on or before April 5, 1999. All Proof of Claim forms are to be submitted in English with any necessary translations into English to be arranged by plaintiffs’ counsel. Plaintiffs’ counsel shall also assist in the preparation of Proof of Claims forms as requested by individual claimants, and by reviewing Proof of Claim forms brought to the Clerk’s Office on at least a weekly basis. Plaintiffs’ counsel shall be expected to take all reasonable efforts to ensure that Proof of Claim forms are complete, accurate, and timely filed with the Clerk of the Court.

     c. Plaintiff class members/claimants filing Proof of Claim forms shall not communicate by telephone or in writing with this Court. Rather, plaintiff/claimants shall direct all inquiries and requests for assistance in filing Proof of Claim forms from plaintiffs’ counsel as instructed in the Instruction to Proof of Claim materials to be provided by plaintiffs’ counsel to all potential plaintiffs/claimants.

     d. Defendant City of Miami ("City") shall have until April 26, 1999 to file objections to any Proof of Claim forms filed by April 5, 1999. The City shall attempt to file a single, consolidated objection to such claims, addressing all claims individually in alphabetical order, and indicating all claims for which the City has no objection. Objections shall be made as provided for in paragraph 23(a)(5) of the Settlement Agreement.

     e. The Court will determine the validity of individual claims, as provided for in the Settlement Agreement, after the City has filed its objections. The Court shall do so on the basis of written record or, if necessary, following a Court hearing to address matters relating to individual claims and objections. Plaintiffs/claimants shall be notified of any such hearing by plaintiffs’ counsel following notice of such hearing by the Court and shall be represented by plaintiffs’ counsel at any such hearing,

     f. Following the Court’s determination of the validity of claims, the Court will notify counsel for plaintiffs and the City of the Court’s decisions. The parties, through counsel, will then have the right to request reconsideration of individual claim decisions as provided for in paragraph 23 (a)(5)(vi) and (vii) of the Settlement Agreement.

     g. Following the expiration of the period for reconsideration, the Court shall notify counsel for the parties of its final decisions regarding all claims. Plaintiffs’ counsel shall be responsible for notifying individual claimants of the Court’s decisions on all claims. Monetary awards resulting from the Court’s decisions will be distributed by the City’s Office of Homeless Program as provided for in the Settlement Agreement.

     h. All other procedures with respect to the distribution of the Compensation Fund should be as provided for in the Settlement Agreement unless modified by this subsequent court order.

DONE AND ORDERED at Miami, Florida, this 16th day of November, 1998.

 

 

  Ted E. Bandstra
United States Magistrate Judge

 

Copies furnished to:
Honorable Federico A. Moreno
Benjamin S. Waxman, Esq.
A. Quinn Jones, III, Esq.

 

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