Fitzgerald v. City of Ottawa, Kan.

Memorandum and Order

VRATIL, District Judge.

Plaintiff David Fitzgerald filed this action against his former employer, the City of Ottawa, Kansas (the “City”), claiming that defendant breached their Separation Agreement by failing to pay plaintiff amounts agreed under the contract. Plaintiff also claims that defendant wrongfully denied him access to an ICMA pension account which he had accumulated during his employment. Plaintiff claims $55,863.26 in total damages, $30,396.70 of which he attributes to defendant’s conversion of the ICMA proceeds and $10,622.56 of which he attributes to a penalty…