| | | | | | | |  | ITEM 1.
WALK ON AGENDA |
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| | | | | | | | | DATE: | May 21, 2019
| | DEPARTMENT: | County Attorney
| | REQUESTER: | Richard Wm. Wesch
| | TITLE: | Approve Settlement in the Litigation Involving Kirby Rambo Collection, Inc. v. Lee County |
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| | | | | | | | | I. | MOTION REQUESTED | | | Approve settlement proposal related to litigation in the case of Kirby Rambo Collections, Inc. v. Lee County, Case No. 2:18-cv-180JES-CM, and authorize the County Attorney’s Office to prepare and execute any documents necessary to effectuate settlement. |
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| | | | | | | | | II. | ITEM SUMMARY | | | Approval of the settlement agreement resolves the outstanding issues and avoids further litigation in the case of Kirby Rambo Collection, Inc. v. Lee County, Case No. 2:18-cv-180JES-CM. |
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| | | | | | | | | III. | BACKGROUND AND IMPLICATIONS OF ACTION |
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| | | | | | | | | | A) | Board Action and Other History | | | | On March 19, 2018, Kirby Rambo Collections, Inc. filed a lawsuit in federal court against Lee County (Case No. 2:18-cv-180JES-CM), suing for copyright infringement and several state law claims arising from a 2005 VW Beetle car owned by the County that was purchased for the 2016 National Seashell Day event. In the lawsuit, the Plaintiff has been seeking monetary damages against the County and ownership of the vehicle. However, the U.S. District Court has previously ruled that the Plaintiff is not entitled to ownership or possession of the vehicle under Florida law. The remaining claims in the lawsuit pertain to the copyright allegations.
While the County Attorney’s office and outside legal counsel have been actively protecting the County’s interests throughout the litigation, we have also been engaged in good-faith efforts to resolve the case. On Monday May 20, 2019, in response to the County’s counteroffer authorized by the Board at its meeting on May 7, 2019, the Plaintiff submitted a settlement proposal as follows:
1. The Plaintiff agrees to purchase the vehicle, as-is with no warranties, for the sum of $4,900.00.
2. The Plaintiff will dismiss the lawsuit with prejudice, meaning that the underlying claims cannot be refiled against the County.
3. The County agrees not to contest the validity of the Plaintiff’s copyright relating to the design of the shells that have been affixed to the vehicle, and will agree not to use any materials relating to the vehicle in the future.
4. Each party will be responsible for its own attorney’s fees and costs.
Settling the case resolves all outstanding issues and avoids further litigation.
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| | | | | | | | | | E) | Options | | | | 1. Authorize settlement, which will result in settlement of all pending litigation; or
2. Reject settlement, and continue litigation.
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| | | | | | | | | | A) | Current year dollar amount of item:
| No funding required. | | | B) | Is this item approved in the current budget? | N/A | | | C) | Is this a revenue or expense item? | N/A | | | D) | Is this Discretionary or Mandatory? | N/A | | | E) | Will this item impact future budgets?
If yes, please include reasons in III(D) above.
| No | | | F) | Fund:
Program:
Project:
Account Strings: | | | G) | Fund Type? | | | | H) | Comments:
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| REVIEWERS: | | Department | Reviewer | Action | Date | | County Attorney | Fraser, Andrea | Approved | 5/20/2019 - 4:44 PM | | Budget Services | Henkel, Anne | Approved | 5/20/2019 - 4:47 PM | | Budget Services | Winton, Peter | Approved | 5/20/2019 - 4:52 PM | | County Attorney | Fraser, Andrea | Approved | 5/20/2019 - 4:54 PM | | County Manager | Winton, Peter | Approved | 5/20/2019 - 5:00 PM |
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