HomeMy WebLinkAboutResolution No. R2022-20RESOLUTION NO. R2022-20
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 RE CAPACITORS ANTITRUST LITIGATION, IN THE
UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA;
CASE NOS.: 17-MD-02801413, 14-CV-03264-JD; DIRECTING THE CITY
ATTORNEY TO FILE SUCH NOTICE WITH THE CLASS ACTION SETTLEMENT
ADMINISTRATOR; AND PROVIDING FOR AN EFFECTIVE DATE.
*************************************************************************************
WHEREAS, In re Capacitors Antitrust Litigation, in the United States District Court, Northern
District of California; Case Nos.: 17-md-02801-JD, 14-ev-03264-JD (the "Lawsuit") has been certified as
a class action lawsuit; and
WHEREAS, the lawsuit alleges that the Defendants entered into agreements among certain
manufacturers to raise prices for purchased aluminum, tantalum or film capacitors ("Capacitors") in
violation of antitrust laws between January 1, 2002, and December 31, 2013; and
WHEREAS, the City of Friendswood has been identified as an Initial Settlement Class Member
that is entitled to receive $26.19 for the purchase $1,606.80 Capacitors in 2011; and
WHEREAS, the City 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, the City Council believes that it is in the best interest
of the City and its citizens to opt out of 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 finrn 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 Opt Out Letter to Notice and
Claims Administrator, Capacitors Antitrust Direct Purchaser Litigation Settlement — 7537, P.O. Box 2563,
Faribault, MN 55021-9563, on or before July 29, 2022.
Section 4, That this resolution shall be effective immediately upon its passage and approval.
PASSED, APPROVED and ADOPTED by the affirmative
Friendswood on this the l ls' day of July, 2022. /
of the Ciry Council of the City of
LETICIA BRYSCHI City
APPROVED AS TO
�MREN HORNER, City Attorney
:0�'
P
TgTeOF
H:\City Council\2esolutions\2022\07-11-2022\[tesolution - Oyt out of e1�rtiW st Settlementl.docx
Exhibit "A"
Y`�a-iYE%Py�
CITY OF FRIENDSWOOD
OFFICE OF THE MAYOR
July 115 2022
Notice and Claims Administrator
Capacitors Antitrust Direct Purchaser Litigation Settlement — 7537
P.O. Box 2563
Faribault, MN 55021-9563
Re: Opt Out Request Letter
In re Capacitors Antitrust Litigation
Dear Sir or Madam:
Class Member:
Full name: City of Friendswood
Address: 910 S. Friendswood Drive, Friendswood, TX 77546
Telephone Number: 281-996-3200
The Ciry of Friendswood falls within Settlement Class Member definition but wishes to keep the
right to sue or continue to sue the Settling Defendants about the legal issues in the above -referenced case.
As such, the City of Friendswood desires to be excluded fiom the settlement class in In re Capacitors
Antitrust Litigation.
The Ciry of Friendswood purchased Capacitors directly from one or more Defendants and desires
to be excluded from all settlements in this case. As required:
I want to be excluded from the Capacitors Antitrust Litigation class action settlement with
all Settling Defendants. I understand that by so doing, I will not be able to get any money
or benefits fiom the settlement with that/those Settling Defendant(s) in this case.
Please accept this letter as the City of Friendswood's decision to opt out of the partial settlement
with the Settling Defendants and all future settlements. 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:
H:\City Council\Ruolulions\2022\07-I 1-2022\Opt Out Letteedocx