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HomeMy WebLinkAbout093-R-23 Authorizing the Settlement and Release of all Claims in Check CU v. City of Evanston12/4/2023 93-R-23 A RESOLUTION Authorizing the Settlement and Release of all Claims in Check CU v. City of Evanston WHEREAS, Case No. 2022 CH 09764 in the Chancery 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 five thousand five hundred dollars ($5,500.00) (“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 2022 CH 09764; 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. Page 1 of 2 ~1~ Doc ID: 8f7b8b433b2778d7dfd5c02bb88552b750d22a5c 93-R-23 ~2~   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 93-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       December 11 Page 2 of 2 Doc ID: 8f7b8b433b2778d7dfd5c02bb88552b750d22a5c