HomeMy WebLinkAbout2012 14_Settlement Confrence_2012.12.18OWASSO CITY COUNCIL
RESOLUTION NO. 2012-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, DESIGNATING THE CITY MANAGER AS THE SETTLEMENT
REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE SCHEDULED
TO BE HELD ON FEBRUARY 11, 2013, IN THE LITIGATION STYLED,
ALYSIA MAZZANTI vs. CITY OF OWASSO, 12CV-022-GKF-PJC, AND
ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY
IN THIS LITIGATION MATTER TO THE CITY MANAGER.
WHEREAS: The City of Owasso is a Defendant in litigation currently filed in the
United States District Court for the Northern District of Oklahoma captioned as Alysia
Mazzanti v. City of Owasso, United States District Court for the Northern District of
Oklahoma, Case No. 12-CV-022-GKF-PJC, and,
WHEREAS: The Defendant has been ordered to attend a settlement conference by the
Court to occur on the 11th day of February, 2013, at the United States Courthouse in
Tulsa, Oklahoma, and to bring an authorized representative possessing full and final
settlement authority to be used at his or her discretion during the settlement conference,
and,
WHEREAS: The City of Owasso wishes to vest full and final settlement authority in
the City Manager, Rodney J. Ray, and additionally designate the City Manager as the
City's representative for the settlement conference,
THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OWASSO, OKLAHOMA, THAT: Rodney J. Ray, in his capacity as City
Manager, is hereby designated as the settlement representative for the City of Owasso for
purposes of the above-described settlement conference,
AND, BE IT FURTHER RESOLVED THAT: Rodney J. Ray is hereby vested with
full and final settlement authority on behalf of the City of Owasso in the above-styled
litigation matter.
APPROVED AND ADOPTED this 1 Sth day of December, 2012, by the City Council of
the City of Owasso, Oklahoma.
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Attest: ,T
Sherry Bisb46p, City
Approved As To Form:
Dou onebrake, Mayor
LOR44a4cU
ulie T. Lombardi, City Attorney
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U.S. District Court
U.S. District Court for the Northern District of Oklahoma
Notice of Electronic Filing
The following transaction was entered on 10/19/2012 at 1:15 PM CDT and filed on
10/19/2012
Case Name: Mazzanti v. City of Owasso
Case Number: 4:12-cv-00022-GKF-PJC
Filer:
Document Number: 16
Docket Text:
SETTLEMENT CONFERENCE ORDER by Magistrate Judge Frank H
McCarthy, setting/resetting deadline(s)/hearing(s): ( Settlement Conference
set for 2/11/2013 at 01:30 PM before Magistrate Judge Frank H McCarthy)
(jcm, Dpty Clk)
4:12-cv-00022-GKF-PJC Notice has been electronically mailed to:
Jonathan Everett Shook jshook(j,shookjohnson.com, shookjegsbc;lobal.net
Keith A Wilkes kwilkesgnewtonoconnor.com, eandrew(2newtonoconnor.com
4:12-cv-00022-GKF-PJC Notice has not been electronically mailed to:
The following document(s) are associated with this transaction:
Document description: Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1058978411 [Date=10/19/2012] [FileNumber=1330988-
0][af78e7b57b3ca6fda3acc3Old9cl9ab55bf829222198ee24dce78eaaf8bca7936a
682face9ecacd6e5577127ec568dab457d3d3bef7b4aOfbl8cl139a6b456df]]
g 4 OeT City Wit ~1~Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney and General Counsel
APPROVED BY COUNCIL
DEC 18 2012
SUBJECT: Settlement Conference in Alvsia Mazzanti v. The City of Owasso, and proposed
Resolution 2012-14
DATE: December 14, 2012
BACKGROUND:
This is an employment law action in which the Plaintiff claims she was unlawfully terminated by
the City of Owasso. Specifically, the Plaintiff contends that her termination violated The
Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964 and the Oklahoma Anti-
Discrimination Act. Plaintiff additionally alleges that she was subjected to a hostile work
environment, that harassment was inflicted upon her and that she incurred retaliation when she
made complaints regarding her work environment.
The Federal Code of Civil Procedure requires attendance at a settlement conference by a
person vested with full settlement authority on behalf of any organization or entity named as a
party in a federal lawsuit. Although a representative cannot be compelled to settle a case, all
parties are required by the Court to confer full settlement authority upon a representative to be
used at the representative's discretion during the settlement conference. The Court has issued
an order in this case scheduling a settlement conference for the Plaintiff, the Defendant and
their respective attorneys on February 11, 2013, at 1:30 p.m. at the federal courthouse, and has
compelled attendance and participation by all parties. Consequently, it is necessary for the
City of Owasso to designate a representative to attend the settlement conference on behalf of
the City and to additionally confer full and final settlement authority in this litigation upon that
representative.
RECOMMENDATION:
Staff recommends the City Council designate the City Manager, Rodney J. Ray, as the City's
authorized settlement representative for the settlement conference in the case of Alvsia
Mazzanti v. City of Owasso, and additionally confer full and final settlement authority upon the
City Manager in this matter through approval of proposed Resolution 2012-14 memorializing the
same.
ATTACHMENTS:
A. Proposed Resolution 2012-14
B. Settlement Conference Order