HomeMy WebLinkAboutContract 45652 t CITY
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CAUSE NO.017-264011-13
ERNEST LECK, Individually and § IN THE DISTRICT COURT
VERNA LECK,Individually, §
Plaintiffs, §
V. § 17`h JUDICIAL DISTRICT
CITY OF FORT WORTH and, §
INTERCON 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.
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4. The Plaintiffs further agree to execute dismissal documents and releases of all claims and
causes of action by the Plaintiffs against Defendants.
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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, a
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.
OfTICIAL RECORD
C1 rY SECRETARY
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REMVED JUN 03 2M4
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Signed this 11`x'day of November, 2013 at Dallas County, Texas.
Ernest Leek, Plaintiff 7y
Counsel for Plaintiffs
rna Leck, Plaintiff
Amy P10,11ock, Esq.
Cou 1 and Authorized
Agent for Defendants
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OFFICIAL RECORD
CITYSECRETIARY
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Mills, Stephanie
From: Mosley, Chris
Sent: Wednesday, June 04, 2014 9:10 AM
To: Mills, Stephanie
Cc: Johnson, Teresa
Subject: FW: Settlement question
Attachments: 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.Mosley@FortWorthTexas.gov
NOTE: The City of Fort Worth has a new iveb address effective Oct. 1, 2011: ivww.Fort WorthTexas.go v .
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.
I 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,
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Christopher Mosley and Brandon Carr
City of Fort Worth, City Attorney's Office
1000 Throckmorton Street
Fort Worth, Texas 76102
Main: 817-392-7600 . ..wm ., �. _... .,....., ,.
Direct: 817-392-7604 (')FFI II'kL RECORD
Fax: 817-392-8359
Teresa.iohnson@fortworthtexas.gov CITY S ECR PA,,1' t
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From: Mills, Stephanie
Sent: Wednesday, June 04, 2014 7:50 AM
To: Johnson, Teresa
Subject: Settlement question
Hello!
The Leck settlement agreement Cause 017-264011-113 1 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! O
Stephanie: Mills
Administrative Technician/Contracts
City Secretary's Office
(817)-)92.-6090
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OFFICIAL 6RECORD
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