HomeMy WebLinkAbout025-R-19 Authorizing the Settlement and Release of all Claims in Paul Caldwell v. City of Evanston, et al.03/12/2019
25-R-19
A RESOLUTION
Authorizing the Settlement and Release of all Claims in
Paul Caldwell v. City of Evanston, et al.
WHEREAS, Case No. 2017-L-003216 in the Circuit Court of Cook County,
County Department, Law Division, concerns a lawsuit against the City of Evanston and
two of its employees involving allegations of willful and wanton misconduct; and
WHEREAS, the parties seek to settle and release all claims pursuant to
the terms of a Release and Settlement Agreement ("Settlement Agreement") negotiated
by attorneys of record in this litigation;
WHEREAS, the City will pay Plaintiff a settlement amount of
approximately one million two hundred and fifty thousand dollars ($1,250,000.00)
("Settlement Payment") pursuant to the terms of the Settlement Agreement; and
WHEREAS, pursuant to the terms of the Settlement Agreement, Plaintiff
will obtain an order from the court dismissing with prejudice all claims brought against
Defendants in Case No. 2017-L-003216; and
WHEREAS, in compliance with Section 2(e) of the Open Meetings Act, 5
ILCS 12012(e), the City must approve final action on settlement of this litigation in open
session; and
WHEREAS, issuance of the City's Settlement Payment is not an
admission of liability,
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City is hereby authorized to approve settlement with
Plaintiff and issue the City's Settlement Payment pursuant to the terms of the
Settlement Agreement. The City's Settlement Payment is not an admission of liability.
SECTION 2: Resolution 25-R-19 shall be in full force and effect from and
after its passage and approval, in the manner provided by law.
Attest:
Devon Reid, City Clerk
Adopted: �p1'-t{� 2019
r --- t N aZ, C,7j/
Stephen . Hag y, a r
Approved as to form:
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Michelle L. Masoncup, orp ration
Counsel
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