HomeMy WebLinkAbout2012 02_settlement authority_adams -2012.02.21OWASSO CITY COUNCIL
RESOLUTION NO. 2012-02
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 APRIL 17, 2012, IN THE LITIGATION
STYLED ADAMS v. CITY OF OWASSO, ET AL., AND ADDITIONALLY
GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS
ACTION TO THE CITY MANAGER FOR PURPOSES OF THE SETTLEMENT
CONFERENCE.
WHEREAS: The above-named City of Owasso, Rodney Ray and Chief Dan Yancey are
Defendants in litigation currently filed in the United States District Court for the
Northern District of Oklahoma captioned as Aaron Adams v. City of Owasso, Rodney Ray
and Dan Yancey, United States District Court for the Northern District of Oklahoma,
Case No. 11-CV-385-CVE-FHM, and,
WHEREAS: The Defendants have been ordered to attend a settlement conference by
the Court to occur on the 17th day of April, 2012, at the United States Courthouse in
Tulsa, Oklahoma, and to bring an authorized representative possessing full 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, for purposes of 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 of 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 for purposes of the
settlement conference to be held on April 17, 2012, or at such other time as may be
scheduled by the Court.
APPROVED AND ADOPTED this 21st day of February, 2012, by the City Council of
the City of Owasso, Oklahoma.
oug 4rake,-Mayor
Attest: OF 0
OFFICIAL
SEAL
Sherry Bis p, City Cler
OKI.AHOO
Approved As To Form:
~~L ~Oa,~c21
Juli . Lombardi, City Attorney
Case 4:11-cv-00385-CVE -FHM Document 24 Filed in USDC ND/OK on 11/03/11 Page 1 of 1
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
Aaron Adams,
Plaintiff(s), Case No.: 11-cv-385-CVE-FHM
V.
City of Owasso, et al.,
Defendant(s).
ORDER RESCHEDULING SETTLEMENT CONFERENCE
Defendants' Motion to Reschedule Settlement Conference (dkt. # 21) was granted by Minute
Order (dkt. # 23) on November 2, 2011.
IT IS THEREFORE ORDERED AS FOLLOWS:
Plaintiff's Settlement Conference Statement due by 04/03/2012;
Defendant's Settlement Conference Statement due by 04/10/2012;
Settlement Conference Rescheduled for 04/17/2012 at 12:30 p.m.
FURTHER, all mandatory guidelines set forth in the Court's original Settlement
Conference Order shall remain in effect.
SO ORDERED this 3rd day of November, 2011.
T. Lane Wilson
United States Magistrate Judge
Attachment "B" Order Rescheduling Settlement Confemncc (SC-05 I I! 10)
0 The Citod~ V
y Wit out Limits.
PROM BY COUNCIL
TO: The Honorable Mayor and City Council
City of Owasso 2012
FROM: Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Settlement Conference in Adams v. The City of Owasso, et al. and proposed
Resolution 2012-02
DATE: February 17, 2012
BACKGROUND:
A lawsuit was filed against the City of Owasso, and City Manager Rodney Ray and Chief of
Police Dan Yancey in both their official and personal capacities, on June 21, 2011, by the
Plaintiff, Aaron Adams. This action, brought under 42 U.S.C. § 1983 and Title VII of the Civil Rights
Act of 1964, arises out of Mr. Adams termination as a probationary police officer on October 6,
2010. Upon receipt of Mr. Adams' Complaint, counsel for the City of Owasso determined that
Mr. Ray and Chief Yancey were at all times acting fully within the scope of their employment
and respective positions in all actions relating to Mr. Adams and thereby were entitled to
receive legal defense and liability coverage in this litigation.
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 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 Plaintiffs, Defendants and their respective
attorneys on April 17, 2012, at 12:30 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 confer full settlement authority upon a representative to attend the settlement conference on
behalf of the City and the two employees named as Defendants.
PROPOSED ACTION:
Approval of proposed Resolution 2012-02 conferring full and complete settlement authority upon
the City Manager as the City's representative at the settlement conference.
RECOMMENDATION:
Staff recommends that the City Council designate the City Manager, Rodney J. Ray, as the
authorized settlement representative for the Defendants in the case of Adams v. City of Owasso
et al., through approval of proposed Resolution 2012-02 memorializing the same.
ATTACHMENTS:
A. Proposed Resolution 2012-02
B. Settlement Conference Order