Title
Dept./ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Litigation Settlement
Civil Action No.: 2:17-CV-004615-ES-JSA
Claimant: Willie Parker
Claimant's Attorney: Hyderally & Associates, P.C.
Attorney's Address: 33 Plymouth Street, Suite 202, Montclair, New Jersey 07042
Settlement Amount: $300,000.00
Funding Source: Insurance Commission Fund/025-25T-5T25-96340
Additional Comments:
body
WHEREAS, Plaintiff, Willie Parker, was the former Corporation Counsel for the City of Newark; and
WHEREAS, a suit was instituted in the United States District Court for The District of New Jersey, captioned Willie Parker v. City of Newark, Civil Action Number: 2:17-CV-004615-ES-JSA, in which the Plaintiff filed claims against the City of Newark; and
WHEREAS, a proposal has been made to resolve this litigation by payment in the total amount of Three Hundred Thousand Dollars and Zero Cents ($300,000.00) including attorneys' fees, plus costs; and
WHEREAS, the Corporation Counsel, based upon all facts and circumstances, deems it in the best interest of the City of Newark to resolve said matter by payment of the proposed Settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Corporation Counsel is hereby authorized, on behalf of the City of Newark, to execute and accept the terms of the Settlement Agreement and Release, attached hereto.
2. Upon receipt by the Corporation Counsel of all documents deemed necessary, the Director of the Department of Finance is hereby authorized and directed to issue checks in the total amount of Three Hundred Thousand Dollars and Zero Cents ($300,000.00), which shall be made payable as follows:
* Plaintiff in the gross amount of Forty-Four Thousand Seven Hundred and Fifty Dollars and Zero Cents ($44,750.00), by check payable to: "Willie Parker," subject to all applicable withholdings and for which the City of Newark shall issue a Tax Form W-2;
* Plaintiff in the gross amount of One Hundred Thirty-Four Thousand Two Hundred Fifty Dollars and Zero Cents ($134,250.00), by check payable to: "Willie Parker," for which the City of Newark shall issue a Tax Form 1099;
* Plaintiff's attorneys in the amount of One Hundred and Twenty-One Thousand Dollars and Zero Cents ($121,000.00), by check payable to: Hyderally & Associates, P.C., 33 Plymouth Street, Suite 202, Montclair, New Jersey 07042 for which the appropriate 1099s shall be issued.
3. Annexed hereto is the Certification of Funds issued by the Director of the Department of Finance, which states that there are available sufficient legally-appropriated funds from Fund 025-25T-5T25-96340 in the amount of Three Hundred Thousand Dollars and Zero Cents ($300,000.00).
4. A fully executed copy of the Settlement Agreement and Release shall be filed in the Office of the City Clerk by the Corporation Counsel.
5. This resolution shall be effective upon adoption in accordance with applicable State Law.
STATEMENT
This resolution authorizes the Corporation Counsel, on behalf of the City of Newark, to enter into and execute a Settlement Agreement and Release to settle civil litigation captioned, Willie Parker v. The City of Newark, Civil Action Number: 2:17-CV-004615-ES-JSA in the total amount of $300,000.00, in exchange for Plaintiff's dismissal of any and all claims against the City of Newark and a complete release.