84-139 WHITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PAUL Council
CANARY - DEPARTMENT J((''
BLUE - MAVOR File �O. u _/��
�
Cou c�l R �o ti n
Presented By r � �vU
Referred To Committee: Date
Out of Committee By Date
WHEREAS, The most recent attempt to appoint applicants to the
position of fire fighter in the City of Saint Paul resulted in
litigation entitled "Fowler, et a1, v. Berry, et a1', Case No.
Civ. 3-72-265, filed in t e e era is ric our ; and
WHEREAS, Agreement by all parties in this litigation was
ultimately reached and resolution was reached through stipulation
of settlement submitted to the court; and
WHEREAS, Pursuant to this stipulation of settlement, the
question of attorneys ' fees remained in abeyance until such time
as the specific amount of the fees could be determined; and
WHEREAS, The legal representatives of the plaintiffs in this
action were Dolores Orey, an attorney in private practice in Saint
Paul and Southern Minnesota Regional Legal Services , Inc. ; and
WHEREAS, Dolores Orey has proposed a figure for settlement of
attorney' s fees of $8, 700. 00; and
WHEREAS, Southern Minnesota Regional Legal Services , Inc. has
proposed a settlement of attorneys ' fees in the amount of $4,612. 78;
and
WHEREAS, These proposals amount to a full and complete settle-
ment of all attorneys ' fees and costs to date in this litigation;
now, therefore, be it
RESOLVED, That the Council of the City of Saint Paul hereby
approves that an amount of $8 , 700. 00 be forwarded to Dolores Orey
as full compensation for all attorney' s fees and costs in this
matter and that an amount of $4, 612 . 78 be forwarded to Southern
Minnesota Regional Legal Services, Inc. as full settlement of all
attorneys ' fees and costs in this litigation.
COUNCILMEN Requested by Department of:
Yeas Nays
Fietcher �
�"�°S '��� In Favor
Masanz
Nicosia
scneibe� _ Against BY
Tedesco
Wilson
Adopted by Council: Date
FEB 2 — 198� Form ppro d by City Attorney
Certified Y-s d b} Council Se ary BY
B�
61pp by Ylavor: D
� FEB 3 — 8� Approved by Mayor for Submission to Council
B BY
Pt18i1SHED FEB 11 1984
_
�.� �y-/� l
R���l==a,; CITY OF SAINT PAUL
; � OFFICE OF THE CITY ATTORNEY
V °ii'iii'ii c
m ,, EDWARD P. STARR, CITY ATTORNEY
,,,. 647 City H , ' � I,Minnesota 55102
� 612-298-5121
GEORGE LATIMER ���� �
MAYOR � ��i������
January 24, 1984 � ���-�''� $
? 5 1983r'"'
_; �A� 9
, ,,�'�UP:CtCI�IAN
, - �'���+ilr^;3.TEQESCO%j'?
Victor Tedesco
Council President ��` . ��
Room 719 � �
City Hall
Dear Mr. Tedesco :
As you know, we recently resolved a lawsuit involving applicants
for the position of fire fighter with the City of Saint Paul .
This matter was resolved through stipulation of settlement where-
by the City agreed to several procedural amendments in the appoint-
ment process. As a result of this settlement the plaintiffs had
agreed to waive any claim for damages; however, the question of
attorneys ' fees was placed in abeyance until such time as the
amount of these fees could be determined.
I have had several discussions with the attorneys representing
ts�.�se people over the past several weeks . There are actually two
1��a1 representatives involved in this matter. Two of the three
specific plaintiffs were represented by Dolores Orey, an attorney
in private practice in Saint Paul . One of the specific complain-
ants and the class in general were represented by Southern Minne-
sota Regional Legal Services, Inc. Ms . Orey has agreed to settle
her claim for attorney' s fees for the amount of $8 , 700. 00, and
Southern Minnesota Regional Legal Services have agreed to settle
their claim for attorneys ' fees in the amount of $4, 612. 78 . This
would be a total of $13 , 312. 78 . Based upon my review of the file,
based upon my review of the various requests submitted by the
attorneys , and based upon my knowledge of this case, I feel that
this is a reasonable settlement and would recommend that you accept
their proposal.
If this proposal is acceptable to you, I suggest that you introduce
the attached resolution before the Council for approval . If such
approval is granted, I shall then contact the attorneys involved
and we shall prepare a stipulation of settlement which will be
introduced to the court for their records .
If you have any questions in regard to this matter, please feel
free to contact me.
�i� truly yours ,
�� i ���.�5��
TERR� SULLIVAN
Assistant City Attorney
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