Frequently Asked Questions
This lawsuit is a class action lawsuit which challenges the Fire/Rescue Assessment for Fiscal Years 1997-1998; 1998-1999; and 1999-2000 and the Fire Assessment for Fiscal Years 2000-2001; 2001-2002; 2002-2003; 2003-2004; 2004-2005; 2005-2006 and 2006-2007 (collectively “the Assessments”). An earlier lawsuit brought by Carl L. Masztal, Joseph A. Graupier, Juana Martinez and Marisol Fernandez is also involved. Two separate Settlements have been proposed. The Settlements are with 1) the City of Miami, and 2) the law firm of Adorno & Yoss, LLP (the “law firm.”).
The Settlements were entered into by the Parties to settle and compromise any and all disputes between the Plaintiffs, the City of Miami and the law firm as described herein. The Settlements do not constitute an admission by the City or the law firm that they engaged in any wrongdoing or wrongful conduct or otherwise acted improperly or in violation of any law or regulation in any respect, except as to the City of Miami for the rescue portion of the Fire/Rescue Assessments adopted for fiscal years 1997-1998 and 1998-1999. The Florida Supreme Court has ruled in City of North Lauderdale v. SMM Properties that it is lawful for a municipality to enact assessments for fire services, as fire services provide a special benefit to property. Thus, any portion of the Assessments you paid were legal to the extent they funded fire services. It is only emergency medical services that cannot be funded through Assessment. Beginning on September 14, 2000, the City enacted an Assessment that it contends is for fire services only and is therefore lawful. The Plaintiffs contend that the Assessment remained illegal in operation to the extent it funded emergency medical services. There has never been any judicial ruling or finding on these competing contentions. Although the Court, in this Litigation being settled, has ruled the Fire/Rescue Assessment levied in fiscal years 1997-1998 and 1998-1999 unconstitutional to the extent that it assessed for emergency medical services, the Court has made no ruling or finding that the Fire/Rescue or Fire Assessments were improper other than as stated above. Nor has it determined the extent to which, if any, the Fire/Rescue Assessment assessed impermissibly for emergency medical services. The Plaintiffs also have brought claims against the law firm for alleged actions and inactions relating to earlier proceedings against the City in this case. The law firm, without admitting liability and sharply contesting the Plaintiffs’ claims, has elected to settle this action. Thus, though the Parties have agreed to Settlements and a refund process, there has been no determination by any Court that the Class is entitled to a refund, or the amount thereof. Nor has there been any determination by any Court that the Class is entitled to money from the law firm.
The Court did not decide in favor of the Plaintiffs, the City or the law firm. Instead all sides agreed to settle. That way, they avoid the cost of a trial and the people who qualify will get compensation.
The Litigation challenges the Fire/Rescue Assessment for the Fiscal Years 1997-1998; 1998-1999; and 1999-2000 and the Fire Assessment for Fiscal Years 2000-2001; 2001-2002; 2002-2003; 2003-2004; 2004-2005; 2005-2006 and 2006-2007 and the legitimacy of the purported earlier Settlement of Case 98-11208 CA 31.
Plaintiff filed this case on behalf of themselves and on behalf of others similarly situated seeking a refund for Assessments paid during the fiscal years stated above.
Throughout the litigation, the City and the law firm have denied the substantive allegations made by the Plaintiffs and have denied any and all liability and damages to anyone with respect to the facts or causes of action alleged in the litigation, and they continue to do so.
Class Members consist of all persons or entities that owned property in the City and paid the Fire/Rescue Assessment for the Fiscal Years 1997-1998; 1998-1999; and 1999-2000 and the Fire Assessment for Fiscal Years 2000-2001; 2001-2002; 2002-2003; 2003-2004; 2004-2005; 2005-2006 and 2006-2007. The City is excluded from the Class, however, the City’s former and current employees, agents, representatives, officials, officers, and their immediate family members, standing in their individual capacity as property owners that paid the Assessments, are not.
A "Class Action" is a lawsuit that is filed on behalf of all individuals, or entities, that may have been similarly affected by the allegations brought before the Court. Once the Court approves the Class, and a settlement is reached, all members, referred to as the "Class," share in any award that is due them if the Settlement is approved.
First, you must decide whether you want to be part of the Settlements or if you want to exclude yourself from one or both of the Settlements. If you want to be part of the Settlements, you must file a Request for Refund form no later than October 21, 2008. If you want to be part of the Settlements, but you do not agree with the Settlements, you may file an Objection. You must notify the Court and the parties of your Objection. If you want to exclude yourself from the Settlements, you must notify the Class Administrator and the Court.
The Court has appointed attorneys to represent the Class. Class Counsel will request the Court award fair and reasonable attorneys’ fees and costs. You will not have to pay Class Counsel. You may hire your own attorney, if you wish. However, should you decide to do so, you will be responsible for that attorney’s fees and expenses.
No. You will not have to appear in Court, nor will you have to give any testimony other than the facts you submit on your Request for Refund Form.
Under the Agreements, if it is approved, each eligible Class member is entitled to receive a refund for a percentage of the Fire/Rescue Assessment and/or the Fire Assessment collected by the City from fiscal year 1997-1998 through and including fiscal year 2006-2007. The amount of the refund is to be determined by the number of valid claims filed. The method by which the amount of each Class members’ qualified Refund is calculated shall be determined by the Administrator and approved by the Court.
Each Class member shall have the right to request a refund by the procedures and deadline set forth in the Settlement Agreements. You must complete the Request for Refund Form and submit reasonable proof, which will include certification under oath of ownership of the property, identity of the claimant, and payment of the assessment. If your records differ from those of the Administrator, you may be required to furnish additional proof beyond that certification. You will need to mail your Request for Refund form to the Settlement Administrator at:
Masztal v City of Miami Settlement Administrator
PO Box 3170
Portland, OR 97208-3170
The Administrator may require additional proof on a case-by-case basis, if necessary. The Request for Refund Form must be postmarked by the filing deadline, October 21, 2008 to be considered. A separate Request for Refund form is required for each property you own or owned in the City of Miami during the class period.
Under the proposed Settlement, the parties anticipate paying claims subsequent to October, 2008, subject to the Settlements being approved by the Courts.
Under the Settlements, if you do not properly and timely exclude yourself from the class you will be deemed to have forever released any rights you have to sue based on any claims like those being settled, even if those claims are also part of another lawsuit.
If the court approves the Settlements and you fail to file a Request for Refund form postmarked on or before October 21, 2008, you will be bound by the final order and judgment of the court and will be forever barred from making any claim for refund of the Fire/Rescue Assessment and/or the Fire Assessment collected by the City from fiscal year 1997-1998 through and including fiscal year 2006-2007.
If you do not wish to participate in one or both of the Settlements, you may ask to be excluded. To request exclusion from either or both Settlements, you must file a written request before August 20, 2008 with the Clerk of Court at:
Clerk of the Court
73 West Flagler St
Miami, FL 33130
You must also mail a written request postmarked by August 20, 2008 to the Administrator at:
Masztal v City of Miami Settlement Administrator
PO Box 3170
Portland, OR 97208-3170
Your request for exclusion need not be in any particular form, but must be signed by the Class member, qualified legal successor or legal representative. It must also include a statement of which Settlement you wish to be excluded from (City or law firm or both). You do not need to state any reason for the requested exclusion as you do not need to have any reason for it. Please be sure to write the words "Exclusion Request" on the lower left-handed corner of the front of the envelopes.
Any Class member who does not request to be excluded is subject to all terms and conditions of the Settlement Agreements.
No. Unless you exclude yourself from one or both of the Settlements, you give up the right to sue the City of Miami or the law firm for the claims that the Settlement Agreements resolve. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from either one or both of the Settlement Agreements to continue your own lawsuit if it is related to the issues in the settled lawsuits. The exclusion deadline is August 20, 2008.
No. If you exclude yourself, do not send in a Request for Refund Form to ask for any benefit.
If the Court approves the Settlements and certifies the Class, all members of the Class who do not “request exclusion” will be represented by Class Counsel.
No. You do not need a lawyer in order to participate in the Settlements. Retention of a separate lawyer is not legally required. Although you do not need to hire a separate lawyer, there is nothing to prevent you from doing so. However, that would be at your own expense.
If you fall within the Class definition, you are automatically included in the Class, unless you take the steps set forth in the Notice to exclude yourself from the Class. However, even though a person or entity is in the Class, there still must be a Request for Refund submitted as to each parcel of property.
If the Court approves the Settlements and certifies the Class, all members of the Class who do not “request exclusion” will be represented automatically by Class Counsel. You do not need to contact them.
Yes. If you fall within the Class definition, you are able to participate in the Settlements, regardless of whether you have retained a separate lawyer – unless you already settled and released your claims with the representation and participation of a lawyer. Remember, though, that if you fall within the Class definition, you are automatically included in the Class, unless you take the steps set forth in the Notice to exclude yourself from the Class.
Patrick A. Scott, Esq.
Richard L. Williams, Esq.
Michael Garcia Petit, Esq.
2800 Miami Center
201 S. Biscayne Blvd.
Suite 2800
Miami, FL 33131-4330
Class Counsel’s attorneys’ fees and costs will be paid from the Common Fund (defined in the Settlement Agreements) as determined by the Court.
If you do not exclude yourself from the Settlements and you wish to object to it, you may appear in person or by counsel, retained by you at your own expense, at the Fairness Hearing. The Fairness Hearing will be held September 9, 2008. To object, the Class member must submit, in writing, on or before August 20, 2008, a notice of 1) the exact nature of your objection(s), 2) all facts you wish considered in support of your objections (recite in detail), and 3) all law (including specific legal citation) that you wish considered in support of your objections. If, in addition to your written objections, you wish to appear at the hearing, you or your attorney must file a Notice of Intent to Appear which must be postmarked no later than August 20, 2008.
On or before August 20, 2008, this objection must be filed with the Clerk of Court and mailed to Class Counsel and Defense Counsel. If you do not comply with that time limit, your objection will be waived.
Clerk of the Court:
Clerk of the Court
Circuit Court, Eleventh Judicial Circuit in and for Miami-Dade County, FL
73 West Flager St
Miami, FL 33130
Defense Counsel:
Julie O. Bru, City Attorney
Office of the City Attorney
444 SW Second Ave, Ste 945
Miami, FL 33131
Thomas E. Scott, Esq.
Scott A. Cole, Esq.
Cole, Scott & Kissane, P.A.
1390 Brickell Ave, Third Floor
Miami, FL 33131
Class Counsel:
Patrick A. Scott, Esq.
Richard L. Williams, Esq.
Michael Garcia Petit, Esq.
2800 Miami Center
201 S. Biscayne Blvd.
Suite 2800
Miami, FL 33131-4330
Counsel for Adorno & Yoss, LLP:
Ronald L. Kammer, Esq.
David P. Hartnett, Esq.
Hinshaw & Culbertson, LLP
9155 S. Dadeland Blvd.
Suite 1600
Miami, FL 33156
Objecting is simply telling the Court that you don't like something about the Settlements. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don't want to be part of the Class. If you exclude yourself, you have no basis to object because the case will no longer affect you.
A Fairness Hearing will be held on September 9, 2008 at 10:00am EDT, at the Circuit Court of the Eleventh Judicial Circuit In and For Miami-Dade County, FL. The only questions to be decided at the Fairness Hearing are whether the Class should be certified and whether the Settlements as a whole are fair, reasonable and adequate and should be approved and the action dismissed with prejudice. The criteria and procedures for processing claims under the Settlements will be considered at this Fairness Hearing. You do not need to attend the hearing unless you file an objection to the Settlements and wish to be heard at the hearing.
No, but you are welcome to come at your own expense.
If you don't file a Request for Refund, you won't be able to receive the Settlement benefits. But unless you exclude yourself, you will remain a class member.
Additional information is available on this website. Specifically, you may obtain a copy of the Class Action Settlement Agreements or the Notice of Class Action Settlement/Request for Refund Form by clicking here. You may be able to obtain additional information by speaking to representatives for the Settlements by calling us toll-free at 1-800-981-7567.
DO NOT WRITE to the Clerk of the Court or call the City of Miami.
No, you will receive your refund, regardless of whether you supply your SSN or TIN.
Please be advised that we, the Settlement Administrator, have requested your SSN/TIN. The request does not come from Class Counsel, the City of Miami or the law firm of Adorno & Yoss, LLP. We requested your SSN/TIN in the event that the refund you receive exceeds $600, which is the threshold at which we have to report your receipt of funds to the IRS. Your SSN/TIN is standard information we request in all class action settlements that we handle, which so far have been in the thousands, nationwide.
Our database is secure and we do NOT release SSN/TIN information to anyone other than the IRS.
However, if you are not comfortable giving us that information, please leave the box blank. As mentioned, it will NOT affect your refund.