RES 2018-0266 - Settlement Agmt - Loan Nguyen of1,04).1 ') i_ i. t
�` �� Law Department
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o�. � ;`' Omaha,Nebraska 68183-0804
0 o (402)444-5115
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City of Omaha t • Paul D.Kratz
Jean Stothert,Mayor
City Attorney
Honorable President and
Members of the City Council,
The attached Resolution is submitted by the Law Department. It authorizes settlement of a lawsuit
pending in the United States District Court for the District of Nebraska. If the Resolution is approved,
$232,000.00 will be paid to settle all claims against the City.
The case seeks recovery for damages sustained when the City of Omaha demolished the structure
owned by the Nguyen family based on code violations at the property.The property was demolished
using emergency demolition procedures and the Plaintiffs objected to the demolition.
The lawsuit seeks to recover expenses and compensation for pain, inconvenience, and on-going
injuries they allege were incurred during the incident along with the demolition of the property. The
City and all employees involved deny the allegations and have prepared a defense for trial, but
litigation always involves risk of loss and the law under which this lawsuit is brought allows a
successful plaintiff to recover a sum far greater and attorney fees, which can be substantial. After
negotiation between the parties,the attached Resolution was agreed to by the parties.All individual
defendants will be dismissed from the lawsuit. These agreements are subject to your approval.This
settlement will be paid from the Judgment Fund, Fund 12111, Org 121101, Acct 46113.
Additional information about this case has been submitted in a confidential memorandum and you
may review it in an Executive Session called to discuss pending litigation. The publicly available
resolution and court award complies with the requirements of NEB. REV. STAT. §84-713.
Your favorable consideration of this Resolution is respectfully requested.
Respectfully submitted, Referred to the City Council for Consideration:
7.1iAL /61 I Z c3 / S'
Wil iam Acosta-Trejo Mayo
r's or's Office/Title Date
Assistant City Attorney
Approved as to Funding:
age_
/ Stephen B. Curtiss &W$
� Finance Director
p:\law—city council documents\2018\50017sIw.doc
C-25A
CITY OF-. OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, litigation is presently pending in the United States District Court for the
District of Nebraska entitled Loan T. Nguyen, et al. v. City of Omaha, et al., Case No.8:17-cv-251, in
which plaintiffs allege the City of Omaha and Omaha code enforcement officials are liable for
damages allegedly suffered as a result of violation of constitutional rights and other conduct when
the Plaintiffs' home was demolished on June 23, 2017; and,
WHEREAS, the .allegations and contentions against the City of Omaha and its
employees are disputed claims;and,
WHEREAS,this City Council determines it is in the best interest of the City of Omaha
and its residents to avoid the cost and uncertainty of trial and resolve this litigation by settlement in
the amount of$232,000.00 with dismissal of all claims against the individual defendants.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT,the City Council does hereby approve the settlement of the case entitled Loan
T. Nguyen, et al. v. City of Omaha, et al., Case No. 8:17-cv-251, filed in the United States District
Court of the District of Nebraska in the amount of$232,000.00, inclusive of all damages, with all
claims against individual defendants to be dismissed with prejudice with the funds being paid from
the Special Levy Judgment Fund No. 12111, Org. No 121101, and Acct. No. 46113.
APPROVED AS TO FORM:
SI ANT CITY ATTORNEY DATE
p:\law—city council documents\2018\50018s1w.doc
•
4%, #S-7-
By
Councilmember
Adopted
MAR 2 0 2018 -6
........ ...........
City Clerk
Approved... — .
Mayor
NO. APO
Item Submitted By: Sheri White
Department: Law
Council Meeting Date: March 13, 2018
Res. that the City Council does hereby approve the settlement of the case entitled Loan T.
Nguyen, et al. v. City of Omaha, et aL, Case No. 8:17-cv-251, filed in the United States District
Court of the District of Nebraska, in the amount of $232,000.00, inclusive of all damages, with
all claims against individual defendants to be dismissed with prejudice with the funds being paid
from the Judgment Fund, Special Levy Judgment Fund No. 12111, Org. No 121101, and Acct.
No. 46113.
1C4
Presented to City Council
March 13, 2018
•
APPROVED 7-0
6ltzbetll Butler
City Clerk