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HomeMy WebLinkAboutContract 45652 (2)�JUV _©R!TA*Y coMACY NO. 01 liSet CAUSE NO. 017-264011_ 13 ERNEST LECK, Individually and § IN THE DISTRICT COURT VERNA LECK, Individually, § Plaintiffs, § v. § 17th JUDICIAL DISTRICT CITY OF FORT WORTH and, § INTERC4N ENVIRONMENTAL, INC., § Defendants. § TARRANT COUNTY, TEXAS SETTLEMENT AGREEMENT This is a memorandum of understanding between the undersigned parties in settlement of a pending dispute, which has been resolved through a mediation process conducted at The Law Office of Gary G. Berman, P.C. on Monday, November 11, 2013. In accordance with their understanding, the parties agree to the following: 1. The Plaintiffs agree to release Defendants from all claims and causes of action and to dismiss the above -styled cause of action with prejudice. 2. Defendants agree to pay Plaintiffs and their counsel the total sum of $22,500.00 within twenty-one (21) days from the date of execution of this settlement agreement. 3. Each party agrees to pay its own taxable court costs, including mediation fee. 4. The Plaintiffs further agree to execute dismissal documents and releases of all claims and causes of action by the Plaintiffs against Defendants. The parties further agree that the mediator will never be subpoenaed or called as a witness by any party or attorney connected with this dispute. It is also agreed that (1) the attorneys for said parties have prepared and approved this agreement, and that the parties have relied entirely on the legal advice of their respective counsel in effecting this settlement; (2) the parties enter into this agreement of their own voluntary will and accord; and (3) this agreement will be considered to have been made pursuant to Rule 11, Texas Rules of Civil Procedure. The parties further agree to execute and deliver such additional agreements and documents as shall be necessary to carry out the purposes of this agreement, and that this agreement may be enforced as any other contract. k1C63iVED JLJN 0 `1,1)1VJ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Signed this 11� day of I�ovembe r, 2013 at Dallas County, Texas. Signed "Ernest Leck, Plaintiff rna Leck, plaintiff (.1/'ram 1 Amy � lock, Esq. Cou land Authorized Agent for Defendants • r9 Cflty S ccF to y • y aJKson Counsel for Plainti ..f ,.• s FR V :h 2M©Oli-d? orlcurrilimiTgr Fric: Ytra_){21r-19 LirsiK NO Al&C REQUIRED Mills, Stephanie From: Sent: To: Cc: Subject: Attachments: Mosley, Chris Wednesday, June 04, 2014 9:10 AM Mills, Stephanie Johnson, Teresa FW: Settlement question 013-Settlement Agreement 11-11-13.pdf Stephanie, Under a separate agreement with the City, the City's contractor agreed to take over the defense of this lawsuit and any monetary liability. No one from the City participated in the mediation that produced this settlement agreement and the City did not pay anything towards the settlement. Nevertheless, we'd like to file the agreement since it resolves a lawsuit. Christopher B. Mosley Senior Assistant City Attorney 1000 Throckmorton Fort Worth, Texas 76102 P: 817.392.7603 F: 817.392.8359 Chris.Moslev@FortWorthTexas.gov NOTE: The City of Fort Worth has a new web address effective Oct. 1, 2011: www. FortWorthTexas. mov From: Johnson, Teresa Sent: Wednesday, June 04, 2014 8:00 AM To: Mosley, Chris Subject: FW: Settlement question Chris, the Settlement Agreement I sent in Leck to the City Secretary's Office yesterday did not contain signature lines for any City officials. Please see Stefanie's email below and please advise her. have attached what I sent her for your convenience. This a Rule 11 Settlement Agreement because the case was resolved at mediation. This is the only Settlement Agreement we have -- no other Agreement was drafted nor circulated. Teresa M. Johnson Assistant to Laetitia Coleman Brown, Christopher Mosley and Brandon Carr City of Fort Worth, City Attorney's Office 1000 Throckmorton Street Fort Worth, Texas 76102 Main: 817-392-7600 Direct: 817-392-7604 Fax: 817-392-8359 Teresa.iohnson@fortworthtexas.gov OFFICIAL RECORD CITY SECRETARY !PI WORTNi From: Mills, Stephanie Sent: Wednesday, June 04, 2014 7:50 AM To: Johnson, Teresa Subject: Settlement question Hellos The Leck settlement agreement Cause 017-264011-113 I received for processing does not have signatures from any City officials — neither law nor CMO. Both law and CMO signatures are required before I can process. Please pick up and route for signatures. If Law feels these two signatures are not necessary, please have an attorney send a memo stating that to me to put with the contract. (a reply to this email from an attorney will work) Thanks Stephanie Mills Administrative Technician/Contracts City Secretary's Office (817)392-6090 ti YLTST KEEP .JIB' ITT FACIAL RECORD ©ITV SEC REN` ARY 2