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HomeMy WebLinkAbout2011-10-11; City Council; 20705; REPORTING SETTLEMENT CODY CARTER V CARLSBADCITY OF CARLSBAD - AGENDA BILL 14 AB# MTG. 20.705 10/11/11 DEPT. CA REPORTING OUT THE GENERAL RELEASE AND SETTLEMENT OF WILLAIM CODY CARTER V. CITY OF CARLSBAD, ET AL. DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER / RECOMMENDED ACTION: There is no action to be taken by the City Council. ITEM EXPLANATION: The parties have now settled this issue under the authority given to the City Attorney by the City Council at its closed session of August 23, 2011. This item satisfies the Brown Act requirement to report the fact of a settlement approved in a prior closed session and makes the terms and conditions of the settlement available to the public. FISCAL IMPACT: The total cost of the settlement is $340,000. ENVIRONMENTAL IMPACT: Reporting out the fact of Settlement is not a "project" within the meaning of CEQA and therefore environmental review is not required pursuant to CEQA Regulation 15061(b)(3). EXHIBITS: 1. General Release and Settlement of Claims is on file with the City Clerk. DEPARTMENT CONTACT: Ronald R. Ball 760-434-2891 ron.ball@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED D DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES COUNCIL RECEIVED THE REPORT/PRESENTATON AUG.25.2011 11:03 8587555666 DALEV AND HEFT LLC #1956 P.002 '003 GENERAL RELEASE AND SETTLEMENT OF CLAIMS Re: William Cody Carter v. City of Carlsbad, et al. USDC Case No. 3:10-CV-010721EG (BLM) For the sole consideration of THREE HUNDRED FORTY THOUSAND DOLLARS and No/100 ($340,000.00) the undersigned hereby releases and further discharges the CITY OF CARLSBAD, OFFICER SCOTT MERITT, and all other CITY OF CARLSBAD employees, its police officers of any rank, its attorneys and agents, officers, council members (hereinafter "CITY DEFENDANTS") and all other persons, firms and corporations from all liability, 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 October 31, 2009, which is the subject of United States District Court, Southern District, Case No. 3:10-CV-1072 IEG (BLM). The undersigned hereby agrees to dismiss said action, with prejudice forthwith. 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 CITY DEFENDANTS, 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 pan 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 arc hereby waived by the undersigned and their attorneys. 08/25/2011 10:15 RECEIVED FROM AUG.25.2011 11:03 8587555666 DALEY AND HEFT LLC #1958 P.003 /003 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her 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 of this settlement. By signing this General Release, T also agree not to alert or initiate contact with the press. If approached by any media representative, 1 agree to simply state that a settlement was reached, arid the amount and that I was pleased with the outcome. DATED: . . . WlLLlAJVrCARTER, Plaintiff APPROVED AS/TO FORM AND CONTENT: DATED:LEPENElKw By: ttorneylor Plaintiff, William Cody Carter 08/25/2011 10:15 RECEIVED FROM 85R7fi5fifififi