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HomeMy WebLinkAbout2014 13_Spradlin Settlement Authority_2014.10.21OWASSO CITY COUNCIL RESOLUTION NO. 2014 -13 A RESOLUTION OF THE OWASSO 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 JANUARY 22, 2015, OR AT SUCH OTHER TIME AS IT MAY BE RESCHEDULED, IN THE LITIGATION STYLED, BRYAN SPRADLIN vs. CITY OF OWASSO ET AL. 12 -CV- 497 - CVE -FHM, 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 Bryan Spradtin v. City of Owasso et al., United States District Court for the Northern District of Oklahoma, Case No. 12 -CV- 497 - CVE -FHM, and, WHEREAS: The Defendant has been ordered to attend a settlement conference by the Court to occur on the 22nd day of January, 2015, 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, Warren Lehr, 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: Warren Lehr, 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 on January 22, 2015, or at such other time as the settlement conference may be rescheduled, AND, BE IT FURTHER RESOLVED THAT: Warren Lehr 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 21st day of October, 2014, by the City Council of the City of Owasso, Oklahoma. Tnot `O e ' Moberly, Mayor / �N O Attest: Sherry BisK6p, City Approved As To Form: aq / .m A a"20, ulie T. Lombardi, City Attorney T out Limits. U 4 TO: The Honorable Mayor and City Council City of Owasso PROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Settlement Conference in Bryan Spradlin v City of Owasso of al and proposed Resolution 2014 -13 DATE: October 17, 2014 BACKGROUND: This is a civil rights action in which the Plaintiff claims excessive force during the course of his arrest on or about June 30, 2011, by the Owasso Police Department. 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 Defendants and their respective attorneys on January 22, 2015, 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. PROPOSED ACTION: Approval of proposed Resolution 2014 -13 conferring full and final settlement authority upon the City Manager and additionally designating the City Manager as the City's representative at the scheduled settlement conference. RECOMMENDATION: Staff recommends the City Council designate the City Manager, Warren Lehr, as the City's authorized settlement representative for the settlement conference in the case of Bryan Spradlin v. City of Owasso et al., and additionally confer full and final settlement authority upon the City Manager in this matter through approval of proposed Resolution 2014 -13 memorializing the same. ATTACHMENT: Proposed Resolution 2014 -13