HomeMy WebLinkAboutResolution No. R2022-19RESOLUTION NO.2022-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS, APPROVING A NOTICE OF INTENTION TO OPT OUT OF THE CLASS
ACTION SETTLEMENT IN CITY OF LONG BEACH, ET AL, V. MONSANTO
COMPANY, ET AL., IN THE U.S. DISTRICT COURT, CENTRAL DISTRICT OF
CALIFORNIA - WESTERN DISTRICT; CAUSE NO. 2:16-CV-03493-FMO-AS;
DIRECTING THE CITY ATTORNEY TO FILE SUCH NOTICE WITH THE CLASS
ACTION SETTLEMENT ADMINISTRATOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS, City of Long Beach , et al. v. Monsanto Compmty, et al., in the U.S. District Court,
Central District of California - Western District; Cause No. 2:16-cv-03493-FMO-AS (the "Lawsuit") has
been certified as a class action lawsuit; and
WHEREAS, the Lawsuit asserts:
a. the Defendants' polychlorinated biphenyls ("PCBs") and PCB -containing products were
defectively designed;
b. the risks of environmental harm associated with PCBs and PCB -containing products
outweighed the benefits of their uses;
c. Defendant failed to warn of the risks of harm associated with PCBs and PCB -containing
products, and
d. the class members suffered property damage as a result of PCB contamination; and
WHEREAS, while the Defendants deny the allegation, they have agreed to pay up to FIVE
HUNDRED FIFTY MILLION AND NO/100 DOLLARS ($550,000,000.00) to be allocated in four (4)
different funds if certain contingencies are met, including the Court's approval, releases I om the class
members, etc.; and
WHEREAS, the City of Friendswood has been identified as an hritial Settlement Class Member;
WHEREAS, the Ciry can choose
to remain a member and
participate
in the proposed settlement or
opt out of the class and not participate in
the proposed settlement;
and
WHEREAS, after considering the settlement and the associated environmental effects caused by
the Defendants, the City Council believes that it is in the best interest of the City and its citizens to opt out
oI the class; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF
TEXAS
Section 1. That the facts and matters set forth in the recitals of this resolution are hereby found
to be true and correct.
Section 2. That the City Council elects to exclude itself from the Class by opting out of Lawsuit
and Class Action Settlement. As such, the City Council hereby authorizes the Mayor to execute the Opt -Out
Form, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes (the
"Notice").
Section 3. That the City Attorney is directed to submit the Notice to the Class Action
Settlement Administrator, Steven Weisbrot of Angeion Group, LLC, 1650 Arch Street, Suite 210,
Philadelphia, PA 19103, on or before July 25, 2022,
Section 4. That this resolution shall be effective immediately upon its passage and approval.
PASSED, APPROVED and ADOPTED by the affirmative vote of the City Council of the Ciry of
Friendswood on this the I I" day of July, 2022. /l
BRYSCH, City
APPROVED AS TO
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CITY OF FRIENDSWOOD
OFFICE OF THE AlAYOR
July 11, 2022
Sent via Certified Mail 70212720 0002 4185 2935
RRR 95090 9402 6622 1028 1482 51
Class Action Settlement Administrator
Steven Weisbrot of Angeion Group, LLC
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
Re: Opt Out Request Letter
City of Long Beach v. Monsanto Co., et al., Case No.: 2:16-cv-03493-17MO-AS.
Dear Sir or Madam:
Class Member
Full name: City of Friendswood
Address: 910 S. Friendswood Drive, Friendswood, TX 77546
Telephone Number: 281-996-3200
Email Address: fwdcity@friendswood.com
The City of Friendswood falls within Settlement Class Member definition but wishes to keep the
right to sue the Settling Defendants about the legal issues in the above -referenced case. As such, the City
of Friendswood desires to be excluded from the settlement class in City of Long Beach v. Monsanto Co., et
al., Case No.: 2:16-cv-03493-FMO-AS. The City of Friendswood understands by opting out, it will not be
able to get any money or benefits from the settlement with those Settling Defendants in this case.
Please accept this letter• as the City of Friendswood's decision to opt out of the settlement class.
As Mayor of the City of Friendswood, I have been duly authorized and directed by the City Council of
the City of Friendswood, Texas, to execute this Opt Out Request Letter and take other actions necessary
to exclude the City of Friendswood from this Class Action.
If you have any questions or need any further information, please do not hesitate to contact me.
Sincerely,
Mike Foreman
Mayor
Date:
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