07-1233WITHDRAWN 12/26(07
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CouncilFile# 07� ��l3
Green S6eet # 3047250
RESOLUTION
CITY OF SAINT PAUL, MIl�TNESOTA 7
1 BE IT RES VED, that upon execution and delivery of a release in full to the City of St. Paul, the
2 proper City o ers aze hereby authorized and directed to pay out of the Tort Liability Fund 09070-
3 0511 to Cash-N- wn of Minnesota, Ltd. and Pawn America Minnesota, LLC, and their attorney,
4 the sum of $35,000. 0 in settlement oftheir claim for damages alleged in the action entitled Cash-N-
5 Pawn of Minnesota, . and Pawn America Minnesota, LLC v. City of St. Paul, a Body Corporate
6 and Politic and the St. l Police Department, and Officers John Doe 1-5, Officers of the St, Paul
7 Police Department, Unite tates District Court File No. 07-CV-1771 (PJS/RLE)
Dated: t � ' � Z� � Q� �
NDGB OP DISTRICT C T
Adoption CestiEied by Council Secretasy
By:
by Department of:
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of
By:
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BY:
APF
Approved by Mayor: Date
By:
BY� — —
Adopted by Council: Date
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Must Be or
13DEC-07
Dot. Type:
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11-DEG07
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nci�enda by (Date): Number
For
Routing
SOLU'fION W/$1RANSAC Orcier
EAocument Required: N
Dowment ConfacC
CoMact Phone:
Total # of Si9nature Pages �(Clip ]yl Locations Por Signature)
AMion Requested: `�
The CAO recommends approval of a Re'solution authorizing settlement of Cash-N-Pawn of Minnesota, Ltd. and Pawn American
Minnesom, LLC v. City of St. Paul, et al., i�3,9. District Court File No.: 07-CV-1771 (PJ5/RLE) in the amount of $35,000.00.
dations: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
Green Sheet NO: 3047250
0 ' Attorn
1 � Atforn ar�entDirector
2 cial Services ffice Financial Srrvices
3 ots 0ffite Ma ur/Assistant
4 nacit ' Coancl
5 ' Clerk GS C7erk
6
1. Has this persoNfirm everworked under a contrect forthis department'?
Yes No
2. has this persoNfirm ever been a city employee?
Yes No
3 Dces this person/firm possess a skill not normally possessed by any
rteM city empbyee?
Ye No
ExplairAall yes answers on separate 5heet and attach to green sheet
�nitiating Problem, issues, Opportunity (Who, What, When, Where, WY
Cash-N-Pawn of MN and Pawn America MN initiated titis acrion
arising from a 10-yeaz period in wirich the City confiscated s
pawnshops.
�
Distdct Court to recover damages from the City of St. Paul
i stolen property pwchased by Plaintiffs for sale in their
Advantages If Approvetl:
ff approved, the proposed sett[ement would allow the Ciry to conclude this lifigati without any admission of liability or negafive
determinarion by the court. The City would also avoid the costs associated with trial.
Disadvanfages If Approved:
None.
OiudvanWges If NotApproved: �,
Tf the matter pmceeds tn 4ia1, a jury could ret�un a vecdict in favor of Plaintiffs and award damages'ia escess of the proposed
settiement. A verdict in favor of Plaintiffs would also enriUe them to petifion the court for recovery of attorne}e's fees.
'- T�n���� $35,000.00
Funding Source: 09070-0517
CosVRevenue Budgeted: y
Activity Num6er.
Financial information:
(F�cplain)
December 11, 2007 2:15 PM
Page 1
(12/27/2007) Mary Erickson - Please Remove from Council Agenda: Cash N Pawn'/Pawn America se4tlement Page 1 �
p�-(a,3 �
From: James Jerskey
To: Wntry, Kathy
Date: 12/26/2007 8:39 AM
Subject: Piease Remove from Council Agenda: Cash N Pawn/Pawn America settlement
Attachments: James Jerskey.vcF
CC: Erickson, Mary
Kamy:
Brad Rixmann, the owner of Pawn Amenca, apparently has broken ranks with the owners of Cash N Pawn and does not wish to go
forward with settlement at this time. We'll have to pull the matter from today's Council agenda and start over.
If you have a moment today, I'd be happy to stop down to provide further details.
Thank you.
]im
]ames F.X. Jerskey
Assistan[ Saint Paul Ciry Attorney
Litigation Sect�on
15 W. Kellogg BLVD, Sude 750
Saint Paul, MN 55102
tames.ierskevColci stoaul mn us
651-266-8757 (direct)
651-266-8787 (fax)