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HomeMy WebLinkAboutContract 59123Michael Cody Torres Plaintiff, IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION CITY SECRETARY (.).'JTRA CTNO. 69 / cl3 v. § § § § § § § § § § CIVIL ACTION NO. 4:23-cv-00060-O City of Fort Worth, Claudia Alfaro, Johnny Holland, Steve Carpenter, Elizabeth Beck et al. Defendants. SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is made and delivered by and among the following: Michael Cody Torres, the plaintiff in the Lawsuit described below ("Torres") and the City of Fort Worth (the "City"). Collectively, sometimes referred to herein as the "Parties." WHEREAS, Torres filed a lawsuit against Claudia Alfaro, Colton Holland (incorrectly named Johnny Holland), Cory Carpenter (incorrectly named as Steve Carpenter), Elizabeth Beck, and the City (collectively the "Released Parties"), styled. Michael Cody Torres v. Cily of Fort Worlh, et al., Civil Action No. 4:23-cv-00060-O, in the United States District Court for the Northern District of Texas, Fort Worth Division (the "Lawsuit"); and WHEREAS, Torres asserted claims in the Lawsuit, including for alleged violation of his First Amendment rights and related claims against the Defendants arising from a citation issued to Torres on June 18, 2022 and the arrest of Torres on or about June 28, 2022 (the "Incidents"); and WHEREAS, the Parties desire to settle and compromise all claims asserted in the Lawsuit and all matters related to the Lawsuit and the Incident in order to avoid the continued costs and Torres v. CFW, et al. Civil Action No. 4:23-cv-00060-O-Settlement Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX uncertainty of litigation; and WHEREAS, the City and all named defendants deny all liability and wrongdo ing, and the Parties agree that nothing herein shall constitute or be construed as an admission of any liability or wrongdoing by any party. NOW, THEREFORE, for and in consideration of the promises, representations , releases , warranties and covenants contained in this Agreement, the Parties hereby agree as follows: ARTICLE 1 Consideration 1.1 After this Agreement is fully executed and delivered to all parties, the Parties shall execute and file a Stipulation of Dismissal dismissing all claims against all defendants with prejudice in the Lawsuit, with each party to bear its own costs and attorney fees . 1.2 The City shall pay Plaintiff Michael Cody Torres and his attorney Warren V. Norred, Norred Law, PLLC, the sum of Five Thousand and Four Hundred and Fifty Dollars ($5,450.00) in full and final settlement within 30 days of the receipt ofa fully-executed copy of this Settlement Agreement 1.3 The City further agrees to issue a roll call training to all officers concerning the City 's noise ordinance, and to provide a copy of that training to Torres . 1.4 Each party shall pay their respective attorney's fees and other costs. 1.5 The consideration for this Agreement includes (a) the consideration recited in Article I of this Agreement; (b) the releases granted in Article 2 of this Agreement; (c) dismissal with prejudice of the Lawsuit; and ( d) the other promises and agreements set forth in this Agreement. The Parties acknowledge the receipt and sufficiency of the consideration for this Agreement. 21 Pa ge Torres v . CFW, et al. Civil Action No. 4:23-cv-00060-O -Settlement Agreement ARTICLE2 Releases 2.1 Except for the obligations imposed on the Parties by this Agreement, Torres on his own behalf and on behalf of his respective agents, employees, servants, representatives, attorneys, insurers, reinsurers, subsidiaries, successors and assigns, and any entity claiming by, through or under him, does hereby release, acquit and forever discharge Claudia Alfaro, Colton Holland (incorrectly named Johnny Holland), Cory Carpenter (incorrectly named as Steve Carpenter), Elizabeth Beck, and the City of Fort Worth as well their respective agents, employees, servants, representatives, attorneys, insurers, reinsurers, subsidiaries, successors and assigns, from and against any and all claims, demands, causes of action, liabilities and damages (including but not limited to actual damages, exemplary and punitive damages, statutory damages, penalties, attorney's fees, prejudgment and post judgment interest and expenses), of any and every character, kind and nature whatsoever, at law or in equity, whether known or unknown, past, present or future, accrued or unaccrued, contingent or fixed, whether based on the law of contract, tort, or otherwise, whether under statutory law or the common law, arising out of, resulting from, based upon or related in any way to the Incident, the subject matter of the lawsuit, any other past incident or transaction between the Released Parties, or the actions of the Parties in the negotiation and execution of this Agreement. ARTICLE3 Express Understandings and Acknowledgments 3.1 The Parties understand and acknowledge that this Agreement is a FULL, UNCONDITIONAL AND COMPLETE RELEASE by Torres and includes all claims against the Released Parties, including, but not limited to claims for actual damages, exemplary damages, breach of contract, fraud, violation of Torres v. CFW, et al. Civil Action No. 4:23-cv-00060-O -Settlement Agreement any federal or state constitutions, laws, or regulations, breach of duties of good faith and fair dealing , bad faith, attorney's fees, interest, or any other cause ofaction which was or could have been brought in the Lawsuit. 3.2 The Parties understand and acknowledge that upon execution of this Agreement there are no further obligations or duties of any kind, express or implied, legal or equitable, owed by any of the Released Parties to Torres, with regard to the subject matter of the Lawsuit except as provided in this Agreement. 3.3 The Parties understand and acknowledge that by executing this Agreement, no Party admits any liability to any other Party, or any other person or entity by reason of the claims and allegations made by the Parties, such liability being specifically denied. The Parties understand and acknowledge that this Agreement is made as a compromise and shall never be used as evidence of liability of any of the Released Parties, or any named defendant, in any claim, cause of action or suit, except in a suit wherein a breach of this Agreement is alleged. ARTICLE4 Express Representations and Warranties Michael Cody Torres represents and warrants as follows: 4.1 Torres is fully legally competent and has the capacity to execute this Agreement. 4.2 Torres represents and warrants that the he has not assigned, pledged, sold or transferred any right , title or other interest, in any claim, cause of action or suit against any of the other Parties, to any person or entity . Torres agrees to indemnify and hold harmless the Released Parties against any demand, claim or suit, including necessary expenses of investigation and reasonable attorney 's fees, in which allegations contrary to the representations and warranties in this paragraph are asserted. Torres v. CFW, et al. Civil Action No. 4:23-cv-00060-O -Settlement Agreement 4.3 Before executing this Agreement, Torres has fully informed himself of its terms, contents, conditions and effect, and no promise or representation of any kind has been made to her by the Released Parties or anyone acting for them, except as expressly stated in this Agreement. 4.4 Torres has relied solely and competently upon how own judgments and the advice of his counsel in making this settlement, and he fully understands that this a full, complete and final release, and that the aforementioned $5,450.00 is all the money that is to be paid by the City to him as a result of the Occurrences which underly the released claims, and that Torres will have no further rights to appeal. ARTICLES Dismissal of Suit 5.1 Upon the execution of this Agreement, Torres shall file a stipulation of dismissal with prejudice in the Lawsuit and take other actions that may be necessary to dismiss the case and all claims therein with prejudice. The stipulation or other motion shall provide that the matter is dismissed with prejudice to the right ofany party to re-file same, and that all costs and attorney fees are assessed against the party incurring same. ARTICLE6 Miscellaneous 6.1 This Agreement shall be governed and interpreted in accordance with the laws of the State of Texas. 6.2 This Agreement and the rights and obligations included in this Agreement shall inure to the benefit of and be binding upon each Party to this Agreement and their respective successors and assigns. 5IPa gl' Torres v. CFW, et al. Civil Action No. 4:23-cv-00060-O -Settlement Agreement 6.3 If any provision or term of this Agreement shall for any rea son be held to be unenforceable or in val id the remainder of the Agreement shall not be affected. 6.4 Thi Agreement constitutes the entire agreement among the Pa rties and s up er edes all prior oral and written understandings and agreements among the Parties with respect to the subject matter of this Agreement. The provisions of this Agreement hall not be waived. modified or amended except by subsequent writing signed by all Parties. 6.5 The parties agree that this Agreement ( or any document containing the terms of this Agreement) shall not be filed with any Court unless necessary to enforce the terms herein. EXECUTED in multiple counterparts on the dates attested by th e s ignatori es bel ow . Michael Cody Torre s. Plaintiff Date: o~--\L\.-L ½ STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on the I Ltkday of rr)u~ . 2023, by Michael Cody Torres. ,,,11 11 1,,,, ANGELA FLINT ,, t-fl.Y Plitt'" ~o'.·.-·····•J,~ Notary Public State of Texas =~: •-(\= ' ~ .. :. · .::.~ comm . Expires 08-16-2025 ---J~,\,;·~-:-~ Notary ID 131247818 ,,,.u,, Torr es v. CFW, e l al. Civil Action No. 4:23-cv-00060-O -Settlement Agreement APPROVED AS TO SUBSTANCE AND FORM: IAIA-..11."'J...../ Warren V. Norred Norred Law, PLLC Texas Bar No. 24045094 515 E. Border; Arlington , TX 760 I 0 FORT WORTH, TX 76102 Tel. 817-704-3984 Fax. 817-524-6686 wnorred@norredlaw.com ATTORNEYS FOR PLAINTIFF CITY OF FORT WORTH: APPROVED: Assistant City Manager CITY OF FORT WORTH APPROVED AS TO FORM: LM.Winter Senior Assistant City Attorney DeirdreO'Neal D~ OA/UJL Deirdre O'Neal Date: ------ Date: 3/21/2023 Date: 03/22/2023 71 P n g e Torres v. CFW, et al. Civil Action No. 4:23-cv-00060-O -Settlement Agreement ; f.•A l RECORD ",k· " SECR ETARY t WORT H, TX FORT WORTH Routing and Transmittal Slip City Attorney 's Office Department DOCUMENT TITLE: CSA-Torres v. CFW SETTLEMENT AGREEMENT M&C CPN _____ _ CSO# DOC# ------------------ DATE: 03-21-23 TO: I ~~~~ DA~O:% 1. ACM-Fernando Costa 3 ~ ',Zl);t3 , 2 . CSO-Jannette Goodall 3 . DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip , David will review and take the next steps . NEEDS TO BE NOTARIZED: X Yes □ No RUSH: Yes X No SAME DAY: D Yes D No ROUTING TO CSO: X Yes D No Action Required: NEXT DAY: 0 Yes O No □ As Requested X Attach Signature, Initial and Notary Tabs □ For Your Information x Signature/Routing and or Recording □ Comment □ File Return to: Please call _LaTanya Kelsey ___ at ext7 665 for pick up when completed . Thank you .