HomeMy WebLinkAbout71-099RESOLUTION 71-99 APPROVING T~E SETTLEMENT OFFERED
BY HERSEY-SPARLING METER CO., AND AUTHORIZING THE
MAYOR TO EXECUTE THE RELEASE AND COVENANT NOT TO
SUE ON BEHALF OF THE CITY OF SANTA ANA
WHEREAS, the City of Santa Ana joined with a number of other
government agencies as a party plaintiff against Rockwell Manufact-
uring Co., Neptune Meter Co., Badger Meter Manufacturing Co., Hersey-
Sparling Meter Co., and Worthington Corporation, on the basis of
antitrust violation.
WHEREAS, one of the defendants, Hersey-Sparling, has offered
a satisfactory settlement.
BE IT RESOLVED, that the Mayor of the City of Santa Ana is
hereby authorized to execute all necessary documents to effect said
settlement.
PASSED AND ADOPTED by the City Council of the City of Santa
Ana at its regular meeting held on the 18th day of October, 1971.
ATTEST:
CLERK OF THE COUNCIL
MAYOR
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SANTA ANA )
ss
I, FLORENCE I. MALONE, do hereby certify that I am the Clerk
of the Council of the City of Santa Ana; that the foregoing Resolu-
tion was introduced to said council at its regular meeting held on
the 18th day of October, 1971, and was at said meeting passed and
adopted by the following vote, to wit:
AYES,
NOES,
ABSENT,
COUNCILMEN: Evans, Markel, Patterson, Villa, Ysms~oto, Griset
COUNCILMEN: None
COUNCILMEN: Herrin
CLERK OF THE COUNCIL
RELEASE AND COVENA~T NOT TO SUE
The City of Santa Ana (hereinafter
referred to as "plaintiff"), in consideration of the payment
of the sum of One Dollar ($1) and other good and %aluable con-
sideration, receipt of which is hereby acknowledged, does
hereby release, acquit and fo'fever discharge Hersey Products,
Inc. and its predecessors, successors and assigns, and each
past or present, direct or indirect, partner, subsidiary, divi-
sion or affiliated corporation, 'and each of its past or present
employees, agents, representatives, officers or directors, and
any other person, firm, corporation or division now, previously,
or ~ereinafter affiliated with it-~.all of which are hereinafter
referred to as "Her~ey") from all ~laims asserted against
Hersey in Court Action No, (the "Action") in the United
States District Court for the Northei-n District of California
and f.rom all claims, whether or not presently known, which.
plaintiff ever had, now has, or hereinafter may have against
it and (a) which are or might have been asserted in that Action
or in any other of the water meter cases consolidated before
the Honorable George H. Boldt or (b) which are based upon,
connected with, or similar or relate'd to any of the matters
referred to in any 6f the pleadings, papers or other records
produced or filed in any of those cases and including any
claims arising under any of the federal or state antitrust
laws or any common or statutory law. .'
Plaintiff covenants an'd 'agrees that it will ~orever
refrain from instituting, prosecuting, maintaining or pressing
-2-
any action or suit, and from collecting or proceeding,
Hersey based upon any such claim.
forthwith
tracts or
foregoing
against
At the conclusion of the Action, plaintiff will
return to.counsel for Hersey all documents, all
summaries of documents and all copies of any of
xn its possession,
the
custody or control which Hersey
furnished or produced as part of pre-trial discovery in the
Ac'tion or in any other aforementioned water·meter case, and
plaintiff's counsel·will promptly thereafter sta~e in writihg
to counsel for Hersey that neither plaintiff nor ·its counsel
~etain any such documents, .spmmaries, extracts or copies.
It is expressly.understood and agreed that by exe-
cuting ~his Release and Covenant Not To Sue,' plaintiff is not.
discharging, releasing, relinquishing or' in any way affegting
· its claims against any person.other than H~rsey, ingluding
· claims against any such other person or persons relating.
to or arising out of purchases from Hersey, and plaint'iff
reserves its rights to pursue its claims against any,othe~
person or entity, including the defendants other than Hersey
in the aforementioned water meter cases.
IN WITNESS WHEREOF, plaintiff has caused this Release
and Covenant NotTo Sue to be executed this 18th.day of
October , 1971 by its duly authorized officer 6r agent.
By. /s/ Lorin Griset
· Its Mayor
ATTEST:
/S./ M~jorie L. West