HomeMy WebLinkAboutWarren III, William Earl; 1997-04-23;SETTLEMENT AGREEMENT
AND
GENERAL RELEASE
This Settlement Agreement and General Release (hereafter “Agreement”) is made
by and between William Earl Warren, III (“Plaintiff’) and the City of Carlsbad (“City”).
WHEREAS, Plaintiff filed a complaint entitled William Earl Warren. III v. City of
Carlsbad, Case No. C 92-362 BTM (CM), in the U.S. District Court for the Southern
District of California on or about March 9, 1992 (“lawsuit”) against the City alleging: 1)
breach of contract; 2) intentional infliction of emotional distress; 3) negligent infliction of
emotional distress; 4) interference with economic relations; 5) conspiracy; 6) violation of
California Labor Code section 201; 7) Title VII-- racial/national origin discrimination; and
8) discrimination in violation of public policy;
WHEREAS, U.S. District Court Judge William B. Enright granted the City’s motion
for summary adjudication of Plaintiffs Title VII cause of action on April 21, 1993, and
dismissed the supplemental state law claims;
WHEREAS, Plaintiff appealed Judge Enright’s decision to grant summary
adjudication of the Title VII claim as to Defendant City of Carlsbad only to the Ninth
Circuit Court of Appeals, refiled his supplemental state law claims in the Superior Court
of California in and for the County of San Diego (Case No. N59673), and ultimately
dismissed those state law claims with prejudice on April 26, 1994;
WHEREAS, the Ninth Circuit Court of Appeals reversed and remanded Judge
Enright’s order granting summary adjudication of the Title VII claim in an opinion issued
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on June 22, 1995 and published at 58 F.3d 439;
WHEREAS, the City and Plaintiff met and/or discussed settlement on several
occasions and finally agreed on the record at the close of a March 24, 1997 settlement
conference before U.S. Magistrate Roger C. McKee to settle this matter based upon the
terms stated herein;
WHEREAS, the City disputes that there is any basis for liability;
WHEREAS, both parties desire to fully resolve this matter and to avoid incurring
further costs and expenses to litigate this matter;
WHEREAS, the parties agree that this settlement is a resolution of disputed
matters and is not, in any way, an admission of liability, fault or wrongdoing on the part
of any party;
THEREFORE, as a compromise and settlement of the above-mentioned matters,
the parties hereby agree, warrant and represent as follows:
1. All of the recitals set forth above are incorporated herein as material
agreements of the parties.
2. Plaintiff agrees to dismiss with prejudice the lawsuit entitled Warren v. m
of Carlsbad, U.S. District Court Case No. C 92-362 BTM (CM). In order to effectuate this
dismissal with prejudice, Plaintiff agrees to execute the document entitled “Stipulation for
Dismissal With Prejudice; Order Approving Stipulation For Dismissal With Prejudice” that
is attached hereto as Exhibit 1.
3. In consideration for Plaintiffs dismissal of this lawsuit and waiver of all
claims as described herein, the City agrees to pay Plaintiff a lump sum of $15,000 to
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compensate him for any and all emotional injuries he may have incurred. Plaintiff agrees
and understands that the City will not be withholding any federal or state income taxes
from this lump sum in light of the fact that it is for the settlement of personal injury and
not for any back wages owed. Plaintiff agrees to hold the City harmless and to indemnify
the City for any liability for any taxes that might be found to be due on account of the
payment of this sum. The City agrees to issue a check to Plaintiff for this sum within ten
days after the City receives the originals of: 1) this Agreement bearing the signatures of
Plaintiff and his attorney, Thomas R. Gill; and 2) the “Stipulation For Dismissal with
Prejudice; Order Approving Stipulation For Dismissal With Prejudice” that is attached
hereto as Exhibit 1 and that bears the signature of Plaintiff.
4. Plaintiff and his attorney, Thomas R. Gill, agree not to object to the City’s
effort to have the Ninth Circuit Court of Appeals withdraw its published opinion in Warren
v. City of Carlsbad (9th Cir. 1995) 58 F.3d 439.
5. Each party to this Agreement agrees to bear his/its own attorneys’ fees and
costs.
6. Plaintiff further agrees that this Agreement completely settles all litigation,
tort claims, administrative charges of discrimination, and any other charges or complaints
Plaintiff has filed to date regarding his employment. Plaintiff and his attorney, Thomas
R. Gill, agree to prepare, execute, and file any documents necessary to dismiss any such
charges and complaints.
7. In consideration and inducement for this Agreement, Plaintiff, on behalf of
himself, his successors and assigns, does fully release and discharge the City, its past
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and present City Councilmembers, officers, agents, employees, attorneys, successors,
and assigns from all actions, damages, liabilities of whatsoever kind and character,
including but not limited to any common law contract or tort cause of action, claims for
attorneys’ fees, unemployment insurance claims, employment discrimination of any kind,
or violation any other federal, state, local or City ordinance, regulation, rule or order that
arise out of his employment with the City, any claims alleged in U.S. District Court Case
No. C 92-362 BTM (CM), or the terms of this Agreement. The waiver and release of
claims specified in this Agreement does not apply to workers’ compensation proceedings.
8. Plaintiff represents and warrants that he has not assigned or transferred to
any other person or entity any of the claims arising from his employment or U.S. District
Court Case No. C 92-362 BTM (CM). Plaintiff will indemnify and hold the City harmless
from and against any claim, demand, damage, debt, obligation, liability, action or cause
of action (including payment of attorneys’ fees and costs actually incurred whether or not
litigation is commenced) based on, in connection with, or arising out of any assignment
or transfer or purported or claimed assignment or transfer, of all or any part or portion of
the claims described herein.
9. As a further consideration and inducement for this Agreement, Plaintiff
agrees that this Agreement shall apply to all unknown and unanticipated injuries and
damages resulting from his employment with the City, the claims alleged in U.S. District
Court Case No. C 92-362 BTM (CM), or the terms of this Agreement, and hereby
expressly waives the provisions of California Civil Code section 1542, which states as
follows:
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A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor.
Plaintiff acknowledges that in the future he may discover claims or facts in addition to or
different from those that he now knows or believes to exist with respect to his employment
with the City, U.S. District Court Case No. C 92-362 BTM (CM), or the subject matter of
this Agreement, and that he intends to fully, finally, and forever settle all such claims that
may arise up to and including the date that this Agreement is fully executed. This
Agreement will remain in effect as a release, notwithstanding the discovery or existence
of any additional claims or facts.
10. This Agreement, and the “Stipulation for Dismissal With Prejudice; Order
Approving Stipulation For Dismissal With Prejudice” that is attached as Exhibit 1, contain
the entire understanding between Plaintiff and the City. The terms of this Agreement are
contractual and not a mere recital.
11. This Agreement shall be construed and enforced pursuant to the laws of the
State of California. All executed copies are duplicate originals and are equally admissible
in evidence.
12. Plaintiff hereby represents and warrants to the City that he has adequate
information concerning the claims and defenses of the parties in connection with this
lawsuit to make an informed decision and has, independently and without reliance on the
City, and based upon such information that he has deemed appropriate, made his own
analysis and decision to enter into this Agreement.
13. Plaintiff warrants that no promise, inducement, or agreement not expressed
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herein has been made to him in connection with this Agreement. Plaintiff acknowledges
and agrees that he has been represented by legal counsel with respect to matters which
are the subject of this Agreement and that his legal counsel has discussed this
Agreement with him and has fully advised him with respect to the rights and obligations
he assumes by executing this Agreement. Plaintiff acknowledges that he has entered into
this Agreement voluntarily.
14. If any provision contained in this Agreement, or portion thereof, is held
unconstitutional, invalid, or unenforceable, the remainder of this Agreement shall be
deemed severable, shall not be affected, and shall remain in full force and effect.
April 23, 1997
Date
Mayor of the City of Carlsbad on behalf of
the City of Carlsbad
APPROVED AS TO FORM:
Date
son & Bolanos
Attorneys for Defendant City of Carlsbad
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FOR THE PLAINTIFF:
-irj2?l&LL E: -z&Lua-r 4-/l-97
William E. Warren, III Date
AS TO FORM:
Date a
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‘/RITE IT - DON’T 94’. 1T!
Date April 23 19 97
To
From
File
Isabelle Paulsen
0 Reply Wanted
ONo Reply Necessary
On this date, Ardis Seidel, Attorney's Office, was given a copy of the Settlement Agreement and General Release for William Earl Warren, III. Ardis stated that a copy would be provided to the attorney representing Mr. Warren.
Council Meeting: April 22, 1997
Resolution No. 97-451
MAY 12,1997
TO: RISK MANAGER
FROM: City Attorney
WARREN V. CITY
Attached to this memorandum, please find executed copies of the Settlement
Agreement and General Release, Stipulation for Dismissal and Order Approving
Dismissal for your files. The original of the Settlement Agreement and General
Release is on file with the City Clerk.
Since this case is now concluded and there is no possibility of appeal, I will now close
my file.
Should you have any questions regarding the above, please do not hesitate to contact
me. ,
RONALD R. BALL
City Attorney
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City Manager
an Resources Director