HomeMy WebLinkAbout2003-06-03; City Council; 17185; Settlement with MendesCITY OF CARLSBAD - AGENDA BILL
17,185 AB#
MTG. 6/3/03
DEPT. CA
TITLE: REPORTING OUT THE TERMS AND CONDITIONS OF
THE SETTLEMENT AS REQUIRED BY THE BROWN ACT IN
MENDES V. CITY OF CARLSBAD. ET.AL.
CASE NO 02 CV 1030 JM (LSP) (CIVIL RIGHTS ACTION)
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
DEPT. HD. I
CITY ATTY.
CITY MGR.
At the closed session hearing of March 1 I, 2003, the City Council discussed and approved a
proposed settlement of the above referenced case subject to court approval, which has now
been obtained. The case was settled before Magistrate Judge Leo Papas in Federal District
Court in the amount of $35,000.
Attached is a copy of the Stipulation and Order of Dismissal and Order Thereon provided for
public review. This item satisfies the Brown Act requirement to report the fact of a settlement
of litigation approved in a prior closed session.
FISCAL IMPACT:
The cost of the settlement is $35,000.
EXHIBITS:
1. Stipulation and Order of Dismissal and Order Thereon
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DALEY & HEFT, ATTORNEYS AT LAW
MITCHELL D. DEAN, ESQ. (SBN 128~
CARRIE L. MITCHELL, ESQ. (SBN 8
462 STEVENS AVENUE, SUITE 201
SOLANA BEACH, CA 92075
TEL: (858) 755-5666 FAX: (858) 755-7870
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Associated with:
RONALD R. BALL, ESQ.
CITY ATTORNEY
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAE, C-q 92 0 0 8
TEL: (760) 434-2891
FAX: (760) 434-8367
Attorneys for Defendants, CITY OF CARLSBAD and G. ELLSWORTH
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CASE NO. 02 CV 1030 JM (LSP)
1 D LEROY MENDES,
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1 DISMISSAL
V. 1
1 ZITY OF CARLSBAD, 1 3. ELLSWORTH and DOES
1-20, Inclusive,
Plaintiff, 1 STIPULATION AND ORDER OF
1 Defendants. )
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IT IS HEREBY STIPULATED by and between the parties to this
3ction through their designabed..c,,a.y,n-el that the above-
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I MAY 7 2003' JNIERED ON
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62- CASE NO. 02 CV JM (LSP
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captioned action be and hereby is dismissed with prejudice
pursuant to Federal Rules of Civil Procedure 41(a) (1). ’ IT IS SO STIPULATED.
DATED : y- a- 05 LAW OFFICES OF MICHAEL R. MARRINAN
MI’CHAEL R. MARRINAN
Attorneys for Plaintiff,
LEROY MENDES
DATED : #-23a;s I
BY
DATED :
THOMAS WILLIAM SMITH .
Attorney for Plaintiff
LEROY MENDES
Attorneys for Defendants,
CITY OF CARLSBAD and G. ELLSWORTH
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I H&&A BLE J&FREY MILLER
J~GE OF THIE DISTRICT COURT
a CASE NO. 02 CV 1030 JM (LSP)
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GENERAL RELEASE AND SETTLEMENT OF CLAIMS
Re: Leroy Mendes v. City of Carlsbad, et al.
USDC Case No. 02 CV 1030 JM (LSP)
Judge: Leo S. Papas
For the sole consideration of THIRTY FIVE THOUSAND DOLLARS
and no/100 ($35,000.00), the undersigned hereby releases and
ftirthzr discharges the CITY OF CARLSBAD and OFFICER G. ELLSWORTH,
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 June 27, 2002, which is the
subject of United States District Court, Southern District, Case
No. 02 CV 1030 JM (LSP).
Further, the undersigned hereby agrees 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 OFFICER G. ELLSWORTH, 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,
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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.
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, I 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 acceptance settlement.
DATED :
LEROY MENDEQ, Plaintiff
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APPROVED AS TO FORM AND CONTENT:
DATED : Y- 7- 09 ATTORNEY AT LAW
MICHAEL R. MARRINAN, Attorney
for Plaintiff, LEROY MENDES
ATTORNEY AT LAW
BY :
for Plaintiff, LEROY MENDES
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