Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-9868-05 (PASR)
Claimant: New Jersey Department of Environmental Protection, et. al.
Claimant's Attorney: New Jersey State Attorney General
Attorney's Address: P.O. BOX 080, Trenton, New Jersey 08625
Settlement Amount: $95,000.00
Funding Source: City of Newark/Insurance Fund
Additional Comments: RESOLUTION AUTHORIZING SETTLEMENT OF LITIGATION ENTITLED THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL. V. OCCIDENTAL CHEMICAL CORPORATION, ET AL., DOCKET NO. ESX-L-9868-05 (PASR)
Invitation: Corporation Counsel. March 19, 2013
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WHEREAS, the City of Newark is a third party defendant in litigation entitled the New Jersey Department of Environmental Protection, et al. v. Occidental Chemical Corporation, et al., Docket No.ESX-L-9868-05(PASR) (the “Passaic River Litigation”); and
WHEREAS, the New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection, and the Administrator of the New Jersey Spill Compensation Fund (collectively, “Plaintiffs”), have offered to settle directly with all Third Party Defendants, including the City of Newark; and
WHEREAS, on behalf of the City of Newark, Counsel executed a Confidentiality Agreement and Memorandum of Understanding with Plaintiffs which, among other things, allowed for settlement negotiations between the City of Newark and Plaintiffs and for the development of settlement documentation, provided that the negotiations and the documents generated during the course of those negotiations were to remain strictly confidential; and
WHEREAS, negotiations between Plaintiffs and Third Party Defendants, including the City of Newark, have resulted in the preparation of a proposed Consent Judgment and related settlement documentation; and
WHEREAS, the Municipal Council of City of Newark has reviewed...
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