HomeMy WebLinkAbout079-R-23 Authorizing the Settlement and Release of all Claims in Maria Angelica Zacarias Martinez v. City of Evanston et al.10/23/2023
79-R-23
A RESOLUTION
Authorizing the Settlement and Release of all Claims in
Maria Angelica Zacarias Martinez v. City of Evanston et al.
WHEREAS, Case No. 2019-L-008001 in the Law Division of Cook County,
concerns a lawsuit against the City of Evanston; 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 Plaintiffs a settlement amount totaling three
hundred twenty-five thousand dollars ($325,000.00) (“Settlement Payment”); and
WHEREAS, pursuant to the terms of the Settlement Agreement Plaintiffs’
counsel obtained an order from the court dismissing with prejudice all claims brought
against Defendant in Case No 2019-L-008001; and
WHEREAS, in compliance with Section 2(e) of the Open Meetings Act, 5
ILCS 120/2(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: That the foregoing recitals are hereby found as fact and
incorporated herein by reference.
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79-R-23
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SECTION 2: The City is hereby authorized to approve settlement with
Plaintiffs’ counsel of record and issue the City’s Settlement Payment pursuant to the
terms of the Settlement Agreement.
SECTION 3: Resolution 79-R-23 shall be in full force and effect from and
after its passage and approval, in the manner provided by law.
_______________________________
Daniel Biss, Mayor
Attest:
______________________________
Stephanie Mendoza, City Clerk
Adopted: __________________, 2023
Approved as to form:
______________________________
Alexandra B. Ruggie, Interim Corporation Counsel
October 23
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