HomeMy WebLinkAbout2014 16_Smokey Davidson Settlement Authority_2014.12.02OWASSO CITY COUNCIL
RESOLUTION NO. 2014 -16
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 JANUARY 6, 2015, OR AT SUCH OTHER TIME AS IT MAY BE
RESCHEDULED, IN THE LITIGATION STYLED, SMOKEY DAVIDSON v. CITY OF OWASSO ET AL.
13 -CV- 658 - GKF -TLW, 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 Smokey Davidson
v. City of Owasso et al., United States District Court for the Northern District of Oklahoma,
Case No. 13 -CV- 658 - GKF -TLW, and,
WHEREAS: The Defendant has been ordered to attend a settlement conference by the
Court to occur on the 6th 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 6, 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 2nd day of December, 2014, by the City Council of the City
of Owasso. Oklahoma.
Attest:
Sherry BishoeCity Clerk
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Approved As To Form:
Ju' T. Lombardi, City Attorney
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TO: The Honorable Mayor and City Council
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FROM: Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Settlement Conference in Smokev Davidson v City of Owasso et al and
proposed Resolution 2014 -16
DATE: November 26, 2014
BACKGROUND:
This is a civil rights action in which the Plaintiff claims his vehicle was subjected to an
unreasonable search and he was thereafter wrongfully arrested on or about October 4, 2011, by
the Owasso Police Department. Mr. Davidson was arrested following his purchase, at a local
Walmart store, of alleged "precursors" utilized in the manufacture of methamphetamine.
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 6, 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 -16 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 Smokev
Davidson 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 -16 memorializing
the same.
ATTACHMENT:
Proposed Resolution 2014 -16