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File #: 24-1263    Version: 1 Name:
Type: Agreement/Contract Status: Passed
File created: 8/16/2024 In control: County Attorney
On agenda: 9/10/2024 Final action: 9/10/2024
Title: Approval of the settlement in the case of United Community Bank v. Orange County Animal Services, et al., 6:23-CV-2018-ACC-DCI, and authorization for execution of the corresponding Settlement Agreement by Diane Summers, Manager of Orange County Animal Services, and by Lee Bernbaum, Assistant County Attorney.
Sponsors: County Attorney
Attachments: 1. Settlement Agreement, 2. 2024-09-10 County Attorney Consent Item-01, 3. Master, 4. Staff Report, 5. Staff Report
Interoffice Memorandum

DATE: August 16, 2024

TO: Mayor Jerry L. Demings and County Commissioners

THROUGH: Jeffrey J. Newton, County Attorney

FROM: Lee Bernbaum, Assistant County Attorney

CONTACT: Lee Bernbaum, Assistant County Attorney

PHONE: 407-836-7320

DIVISION: County Attorney's Office

ACTION REQUESTED:
title
Approval of the settlement in the case of United Community Bank v. Orange County Animal Services, et al., 6:23-CV-2018-ACC-DCI, and authorization for execution of the corresponding Settlement Agreement by Diane Summers, Manager of Orange County Animal Services, and by Lee Bernbaum, Assistant County Attorney.


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PROJECT: N/A

PURPOSE: This Consent Agenda item requests settlement authorization by the Board for the above referenced lawsuit and authorization for execution of the corresponding Settlement Agreement.

I. The Lawsuit
Jane Dershewtz (the "Decedent") passed away in December, 2022. She owned certificates of deposit in two accounts at United Community Bank (UCB). The accounts were set up as Pay-On-Death Beneficiary accounts, with the named beneficiary being "Orange County Humane Society." The amount in the accounts is $362,109.09 (the "funds").

The dilemma which exists and the reason for the interpleader complaint (discussed below) is that there is no longer any Orange County Humane Society. The Orange County Humane Society is now part of Pet Alliance of Greater Orlando, Inc. ("Pet Alliance"). There is also Orange County Animal Services, a division of Orange County, Florida (the "County").

UCB filed an interpleader complaint in federal court. The lawsuit alleges: UCB is not the owner of the funds; there are competing claims to the funds; UCB cannot determine the rightful beneficiary; and the Court should thus determine the rightful beneficiary of the funds. UCB's lawsuit names as defendants Ms. Dershewitz's Estate, Pet Alliance, and Orange County Animal Services. While the named party in the complaint is Orange County...

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