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1 RESOLUTION NO. _____ _
2
3 A Resolution authorizing the City Manager to issue a check in the amount of
4 $15,275.00 to Christian Moya for wages and a check in the amount of
5 $8,225.00 to Elissa Gainsurg, Esq. for attorney's fees in settlement of the case
6 of Christian Moya vs. City of South Miami, Case No. 10-24579-CIV-
7 SCOLA/SIMONTON.
8
9 WHEREAS, Christian Moya ("Moya") filed a lawsuit against the City of South Miami
10 (the "City") alleging that the City violated the Fair Labor Standards Act ("FLSA") by failing to
11 pay him time and one-half for work performed in excess of forty hours per week; and
12
13 WHEREAS, Moya initially demanded in excess of $110,000 in wages which he claimed
14 to have been wrongfully withheld; and
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16 WHEREAS, the City denied these claims and maintained that Moya was properly paid
17 for all his hours, and otherwise denied any violation of the FLSA. The City's initial position was
18 that Christian Moya was owed nothing; and
19
20 WHEREAS, the FLSA provides that an employee is entitled to double his overtime
21 wages that are wrongfully withheld as well as an award of attorney's fees and costs; and
22
23 WHEREAS, at the conclusion of discovery, Moya claimed that the records kept by him
24 showed that he would be owed $34,174.08; and
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26 WHEREAS, the City disputed the records of Moya and disputes the calculations made
27 from Mr. Moya's records. It was the City's position at the conclusion of discovery that Moya was
28 entitled to overtime but that, even if his records were accurate, Moya was only entitled to
29 approximately $6,000 based on those records, plus attorney's fees, and costs under the FLSA.
30 Initially, on the eve of mediation, it was believed that Mr. Moya's attorney could conceivably
31 produce records establishing an attorney's fee as high as $35,000.00; and
32
33 WHEREAS, the City Attorney attended the mediation of the case along with the City's
34 Human Resource Director and negotiated a settlement for the total sum of $23,500 which was
35 within the authority granted to them by the City. Under the terms of the settlement, the Plaintiff
36 and his attorney have agreed to divide the amount between them with Mr. Moya receiving
37 $15,275 in damages and his attorney, Elissa Gainsburg receiving $8,225 in attorney's fees and
38 costs; and
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
41 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
42
43 Section 1. The City Manager is authorized to issue a check in the amount of $15,275 to
44 Christian Moya for wages and a check in the amount of $8,225 to Elissa Gainsurg, Esq. for
45 attorney's fees and costs in the settlement of the case of Christian Moya vs. City of South Miami
46 from account 001-1500-514-3410 with a current balance of$157,760.
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Section 2. If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 3. This resolution shall become effective immediately upon adoption by vote of
the City Commission.
PASSED AND ADOPTED this __ day of _____ , 2012.
ATTEST: APPROVED:
CITY CLERK MAYOR
COMMISSION VOTE: READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
CITY ATTORNEY Commissioner Welsh:
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