HomeMy Public PortalAboutr 11-082�ewhlfian of the Paxalo of (Cur ad) �Y 4,
No. 11-82
Date otAdoptlon 2011
RESOLUTION AUTHORIZING COURT - ORDERED PAYMENT
OF LIAISON COUNSEL FEES IN TBE ACTION CAPTIONED
NEW JERSEY DEPARTMENT OF ENVIRONMENTAL
PROTECTION v. OCCIDENTAL CHEMICAL CORPORATION
ET ALS. DOCKET NO. ESX•L- 9868 -05
WHEREAS, certain claims have been asserted against the Borough of Carteret in
the action captioned New Jersey Department of Environmental Protection v Occidental
Chemical Cornoration, et als Docket No. ESX -L- 9868 -05 pending in the Superior Court
of New Jersey, Law Division, Essex County, or any other related cases in State or Federal
Court (hereinafter referred to as the " Litigation ') associated with allegations of
discharges of hazardous substances into what is collectively referred to as the `Newark
Bay Complex'; and,
WHEREAS, the New Bay Complex encompasses the lower 17 miles of the
Passaic River, Newark Bay, the lower reaches of the Hackensack River, the Arthur Kill
and Kill van Kull; and,
WHEREAS, Case Management Order XI filed by the Court on May 5, 2010,
determined that due to the number of litigants and nature of the Litigation, a Liaison
Counsel was required to facilitate communication among the parties and effect judicial
economy;
WHEREAS, Case Management Order XI explicitly states that the appointment of
Liaison Counsel does create any attorney -client relationship and the role of Liaison
Counsel shall be limited to: 1) receipt of notices, orders and other communications from
the Court and parties which shall promptly be transmitted to all liaison group members;
2) periodic updates of liaison group members as to the status of these actions; 3)
contracting for electronic document and communication services m necessary to the
orderly conduct of these actions; 4) other matters as the Court may direct; and, 5) other
matters as may be approved by the liaison group;
NO. 11 —R2
PAoe 2 of 3
WHEREAS, Case Management Order M required each third party defendant to
pay its per capita share of its Liaison Counsel's reasonable fees and costs, unless the
liaison counsel group determines another basis for apportionment;
WHEREAS, Case Management Order XI directed the parties to select a Liaison
Counsel and initially designated John Scagnelli, Esq. as liaison counsel for all public
entity Third Party Defendants;
\VBEREAS, pursuant to Case Management Order M the Borough of Carteret
designated John Scagnelli, Esq. as its Liaison Counsel;
WHEREAS, thereafter for reasons including but not limited to potential savings
on costs being incurred on Liaison Counsel fees, public entity Third Party Defendants
requested that it be allowed to de- designate John Scagnelli, Esq. and designate Peter J.
King, Esq. as Liaison Counsel representing the majority of Third Party municipal
defendants;
WHEREAS, by Order of the Court Sled December 15, 2010, the Court ordered
that third party municipal defendants were entitled to select separate municipal Liaison
Counsel;
WHEREAS, by Order of the Court filed December 15, 2010, the Court further
ordered that each party that previously designated John Scagnelli, Esq. as Liaison
Counsel pay its per capita sbare of his liaison counsel services incurred;
WHEREAS, the Borough of Carteret's per capita share of John Scagnelli, Esq.'s
liaison counsel services are $888.53;
NVHEREAS, by Order of the Court filed December 15, 2010, as per the Notice
dated January 10, 2011, the Borough of Carteret designated Peter J. King, Esq. to replace
John Scagnelli, Esq. as its Liaison Counsel;
NO. 11 -82 PAGE of 3
WHEREAS, without admitting any fact, responsibility, fault and/or liability in
connection with the claims alleged against it in the Litigation, the Borough of Carteret
wishes to comply Case Management Order )Cl and Order of the Court filed December 15,
2010 with respect to Liaison Counsel fees and costs and,
WHEREAS, a copies of Case Management Order M, Order of the Court filed
December 15, 2010 and January 10, 2011 Notice of Designation of Liaison Counsel are
in the Clerk's office and incorporated by reference hereto:
NOW, THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF
THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW
JERSEY, as follows:
Section 1. The aforementioned recitals are incorporated herein as though fully
set forth at length.
Section 2. The Borough by the Mayor is hereby authorized to comply with
the Case Management Order XI and Order of the Court filed December 15, 2010 and
make the requisite payment(s) to John Scagnelli, Esq. and, if required, to Peter J. King,
Esq.
Section 3. This resolution shall take effect immediately in accordance with
Law.
Adopted this 28th day of April, 2011
and certified as a true copy of the
o riginal on April 29th, 2011.
KAMIM M. H4ldV MC
Mmicip3l Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NY
A.B.
COUNCILMAN
YES
NO
NY
A.B.
RE] T INTO
X
KRUM
X
DIAZ
NAPLES
DI MASCIO
X
SITARZ
X
X - Indicate Vote AB - Absent NV - Not Voting
XOR - Indicates Vote to Overrule Venn
Adopted at a meeting of the Municipal Council
-
April 28, 2011
CLERK
WA
Exhibit A
Case Management Order XI
473717 -1
Exhibit B
December 15, 2010
Order Regarding Appointment of
Separate Municipal Liaison Counsel
473717 -1
Exhibit C
January 10, 2011
Notice of Designation of Liaison Counsel
473717 -1