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HomeMy WebLinkAbout2001-12-04; City Council; 16442; Bruhn Et Al vs City Of CarlsbadCITY OF CARLSBAD -AGENDA BILL AB# TITLE: REPORTING OUT THE TERMS AND CONDITIONS OF DEPT. HD. Id ,q Li i& THE SElTLEMENT AS REQUIRED BY THE BROWN ACT IN MTG. 12/4/01 BRUHN ET AL. V. CITY OF CARLSBAD, ET AL., CASE NO. CITY ATTY. 00 CV 1463 BTM (JAH) DEPT. CA CITY MGR. a RECOMMENDED ACTION: There is no action the Council needs to take. ITEM EXPLANATION: At its special meeting of October 2, 2001, the City Council discussed and approved a proposed settlement of the above referenced case subject to approval by all parties and the court. The parties have now settled this lawsuit and it has been dismissed. This item satisfies the Brown Act requirement to report the fact of a settlement of litigation approved in a prior closed session, and makes the terms and conditions of the settlement available to the public. The General Release and Settlement of Claim (attached) is provided for public review. FISCAL IMPACT: The cost of the settlement is $75,000. EXHIBITS: General Release and Settlement of Claim GENERAL RELEASE AND SETTLEMENT OF CLAIMS Re: Russell Bruhn, et al. v. City of Carlsbad, et al. USDC Case No. 00 cv 1463BTM (JAH) Judge: Barry T. Moskowitz - Courtroom: 15 Magistrate: John A. Houston For the sole consideration of SEVENTY FIVE THOUSAND DOLLARS and no/100 ($75,000.00), and the CITY OF CARLSBAD's agreement to perform certain traffic control intersection studies within six months from the date of this settlement, the undersigned hereby release and further discharge the CITY OF CARLSBAD and OFFICERS ROBERT GALLOWAY, GIL BEASON and PETER LOPEZ, and all other CITY OF CARLSBAD employees, its attorneys and agents and all other persons, firms and corporations from all claims and demands, rights and causes of action of any kind the undersigned now has or hereafter may have on account of or in any way growing out of the damages resulting or to result from the incident occurring on or about December 4, 1999, which is the subject of United States District Court, Southern District, Case No. 00 cv l463BTM (JAH). The monetary portion of this settlement is allocated as follows: $60,000 $ 5,000 $ 5,000 $ 5,000 $ $75.00: Attorneys Fees Litigation Costs Contribution to the New York City Police Foundation, Inc. to benefit police officers injured or killed in the World Trade Center disaster Russell Bruhn Lisa Bruhn Further, the undersigned hereby agree to release any and all claims and demands, rights and causes of action of any kind that may now have arisen or hereafter may arise as a result of the above incident, and further agree to hold the CITY OF CARLSBAD and OFFICERS ROBERT GALLOWAY, GIL BEASON and PETER LOPEZ, harmless, and to indemnify them for and against any claim, lien or debt which has arisen or may arise from the incident described herein, including but not limited to Worker's Compensation liens, attorneys' liens, and medical liens of any type whatsoever. This release expresses a full and complete settlement of a liability claimed and denied on the part of all parties, regardless of the adequacy of the above consideration, and the acceptance of this release shall not operate as an admission of liability or wrongdoing on the part of any party hereto. Specifically, all defendants have contested liability and continue to contest liability and all defendants deny any wrongdoing whatsoever. The above-mentioned consideration expressly includes all attorneys' fees and costs whatsoever. Any additional claim for attorneys' fees pursuant to 42 U.S.C. Sections 1983 and 1988 are hereby waived by the undersigned and their attorneys. All rights given by Section 1542 of the Civil Code of California or any equivalent Federal statute or law, which is quoted below, are waived by the undersigned. 2 CIVIL CODE SECTION 1542: "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." This agreement may be executed in counterparts with the same effect as if all original signatures were,placed on one document, and all of which together shall be one and the same agreement. By signing this General Release, we intend to give up and discharge all rights and claims to damages to persons and/or property, even though some of such damages may not have shown themselves at the time of acce DATED: /o-3/-0"/ RUSSELL BRUHN, Plaintif-.- DATED: ,(?!.,i,/[>! L?lX& BRUBN, Plaintiff APPROVED AS TO FORM AND CONTENT: DATED: BY: LAW OFFICES OF MICHAEL R. MARRINAN . .- Plaintiffs, RUSSELL BRUHN and LISA BRTJHN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MICHAEL R. MARRINAN Attorney at Law State Bar No. 90484 Law Offices of Michael R. Marrinan 2445 Fifth Ave., Ste. 200 San Diego, CA. 92101 (619) 238-6900 Attorney for Plaintiff UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF,CALIFORNIA RUSSELL BRUHN and ) CASE NO. OOcv1463-BTM (JAH) LISA BRUHN, 1 ) STIPULATION FOR DISMISSAL; Plaintiffs, ) ORDER THEREON vs. ~ CITY OF CARLSBAD, ROBERT GALLOWAY, G. BEASON, PETER LOPEZ and DOES l-20, i Defendants. ) This case having been settled as to all parties and causes of IT IS HEREBY STIPULATED that this action may be dismissed 1 / / / / / / / / / / / / / / / 1 / / / OOcv1463-BTM (JAH) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in its entirety, with prejudice. IT IS SO STIPULATED. Dated: / s- o/ Attorney for Plaintiffs Dated: DALEY & HEFT BY MITCHELL D. DEAN Attorneys for Defendants ORDER Good cause appearing, IT IS HEREBY ORDERED that this action be dismissed in its entirety, with prejudice. Dated: HONORABLE BARRY TED MOSKOWITZ United States District Judge OOcv1463-BTM (JAH)