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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