HomeMy WebLinkAbout2017 11_Settlement Authority _ Cody Robert Mathews_ 2017.07.18OWASSO CITY COUNCIL
RESOLUTION NO. 2017-11
A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, NAMING THE CITY MANAGER OR HIS DESIGNEE AS THE SETTLEMENT
REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE SCHEDULED ON SEPTEMBER 15,
2017, OR AT SUCH OTHER TIME AS IT MAY BE RESCHEDULED OR CONTINUED, IN THE
LITIGATION STYLED, CODY ROBERT MATHEWS V. CITY OF OWASSO, et al., AND
ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS
LITIGATION MATTER TO THE CITY MANAGER OR HIS DESIGNEE.
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 Cody Robert Mathews
v. City of Owasso et al., United States District Court for the Northern District of Oklahoma, and,
WHEREAS: The Defendant has been ordered to attend a settlement conference by the
Court to occur on the 15th day of September, 2017, 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, or his designee if
necessitated, is hereby named as the settlement representative for the City of Owasso for
purposes of the above - described settlement conference on September 15, 2017, or at such
other time as the settlement conference may be rescheduled or continued,
AND, BE IT FURTHER RESOLVED THAT: Warren Lehr, or his designee if necessitated, 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 18th day of July, 2014bt ee Cit t e City of Owasso,
Oklahoma.
�i', }, y�� L nn, Mayor
Attest: '�Kl���L /A0 .zR
Sherry Bishop, City
Approved As To Form:
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T. Lombardi, City Attorney
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The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney and General Counsel
AppRO��O eYC
SUBJECT: Settlement Conference in Cody Robert Mathews v. City of Owasso, et al.
DATE: July 14, 2017
BACKGROUND:
This is an alleged civil rights violation action arising from a pursuit and arrest occurring on or
about June 14, 2015.
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 September 15, 2017, 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 2017 -11 conferring full and final settlement authority upon the
City Manager, or his designee if necessitated, and additionally naming the City Manager or his
designee 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 Cody Robert
Mathews 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 2017 -11
memorializing the same.
ATTACHMENT:
Resolution 2017 -11