HomeMy WebLinkAbout2013 CON Itochu International - Consent and Release AgreementCONSENT AND RELEASE AGREEMENT #1
ITOCHU
On July 27, 2012, qui tarn Plaintiff Aaron J. Westrick (Plaintiff) and ITOCHU International Inc.
(ITOCHU) entered into a settlement agreement (the "Settlement Agreement") for the sum of
eight hundred and twenty five thousand dollars ($825,000.00) (the "Settlement Amount").
Conditioned upon ITOCHU's payment of the Settlement Amount, Plaintiff agreed to release and
discharge ITOCHU and related entities and individuals from any and all civil, administrative, or
other monetary claims, and any and all other potential claims for relief of any kind Plaintiff has
or may claim to have on his own behalf that were made or that could have been made in the
matter entitled, State of California ex rel. Westrick v. American Body Armor, et al., Case No.
BC386586, (Sup. Ct. Cal.). In addition, pursuant to and consistent with the rights vested
Plaintiff under Cal. Gov. Code § 12652(f)(1), on behalf of the Stale of California and each
political subdivision thereof, administrative or other monetary claims arising from the alleged
failure of Zylon body armor to perform as required by its express and implied warranties and any
other claims described in Plaintiff's Second Amendment Complaint.
You are receiving this Consent and Release Agreement because National City has been
identified as a political subdivision of the State of California that is entitled to participate in the
proceeds of the Settlement Agreement. Plaintiff has determined that National City's pro rata
share of the settlement proceeds allocable to California political subdivisions is Two Hundred
Thirty Four Dollars and Ninety Cents ($234.90).
In order to receive your pro rata share of the Settlement Agreement proceeds, you must
sign this Consent and Release Agreement and return it to Plaintiff within 33 days at the
following address:
Attn: Stephen M. Kohn
Kohn, Kohn & Colapinto LLP
3233 P St NW
Washington, DC 20007
By execution of this Consent and Release Agreement, Half Moon Bay City consents to the
Settlement Agreement and agrees to be bound by all of the provisions of the settlement entered
in the matter entitled State of California ex rel. Westrick v. American Body Armor, et al., Case
No. BC386586, (Sup. Ct. Cal.), including granting to ITOCHU International Inc. a full and
complete release as set forth in the Settlement Agreement.
Signature Date
On behalf of: National City
SETTLEMENT AGREEMENT
I. PARTIES
This Settlement Agreement is entered into by and among qui tam Plaintiff Aaron J.
Westrick (Plaintiff), and ITOCHU international Inc. (ITOCHU) (hereinafter, jointly referred to
as the Parties)
II. RECITALS
A. In State of California ex rel. Westrick v. American Body Armor, et al., No.
BC386586, (Sup. Ct. Cal.) ("the Litigation"), Plaintiff alleges, inter alia, that ITOCHU violated
Cal. Gov't Code §§ I2650(2)(B)-(C) and 12651(a)(1), (2), (3), and (8) by importing and selling
Zylon fiber into the United States.
B. ITOCHU denies each and every allegation of wrongdoing in the Litigation.
C. The Parties acknowledge that neither the execution of this Agreement nor
compliance with the terms of this Settlement Agreement shall constitute an admission of
wrongdoing or liability by ITOCHU.
D. To avoid the delay, uncertainty, inconvenience, and expense of litigation, the
Parties have reached a settlement of all claims made, or that could have been made, in the
Litigation, without any admission of liability or wrongdoing by ITOCHU, and according to the
Terms and Conditions set forth below.
III. TERMS AND CONDITIONS
In reliance on the foregoing Recitals, and in consideration of the mutual promises,
covenants, and obligations of this Settlement Agreement, and for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby
agree as follows:
1. Subject to the reductions set forth in paragraphs 13 through 15 below, ITOCHU
shall pay a maximum sum of eight hundred and twenty-five thousand dollars ($825,000.00) (the
"Settlement Amount") to the Kohn, Kohn & Colapinto LLP Client Trust Account. Within 10
business days of the Effective Dale of this Settlement Agreement, ITOCHU shall deposit
$50,000 of the Settlement Amount into an escrow account to be opened by ITOCHU (the
"ITOCHU Escrow Account") and administered by a distribution agent selected by ITOCHU (the
"Distribution Agent"). Within 10 business days of the Effective Date of this Settlement
Agreement, ITOCHU shall pay seven hundred and seventy-five thousand dollars ($775,000.00)
to the Kohn, Kohn & Colapinto LLP Client Trust Account (the "Initial Settlement Payment").
Payment to the Kohn, Kohn & Colapinto LLP Client Trust Account shall be made by electronic
funds transfer pursuant to written instructions to be provided to ITOCHU by Kohn, Kohn &
Colapinto prior to or upon the Effective Date of this Settlement Agreement. Plaintiff shall retain
$400,000 of the Initial Settlement Payment to defray attorneys' fees and costs necessarily
incurred in the prosecution of this action. In addition, Plaintiff shall receive $ t 87,500 pursuant
to Cal. Gov. Code § 12652(g)(3). Upon receiving a release from the State of California in
substantially the form as Attachment B hereto, Plaintiff shall distribute $6,546.86 to the State of
California. The remainder of the Initial Settlement Payment, up to a maximum of $180,953.14,
shall he deemed the "Political Subdivision Proceeds."
2. Within 10 business days of obtaining Court approval of this Settlement
Agreement from the Superior Court of the State of California for the County of Los Angeles,
Plaintiff shall provide written notification of this Settlement Agreement to each of the entities
identified in Appendix A to this Settlement Agreement (the "Political Subdivisions"). In the
written notification, Plaintiff shall advise each Political Subdivision that the Political Subdivision
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is entitled to a pro rata share of the Political Subdivision Proceeds, and for each such Political
Subdivision shall specify a sum certain dollar amount. Plaintiff shall also advise each Political
Subdivision that the Political Subdivision will receive its pro rata share of the Political
Subdivision Proceeds, and nothing more, only if it consents to this Settlement Agreement by
executing a release (the "Consent and Release Agreement") in the form attached hereto as
Appendix B and returns the Consent and Release Agreement to Plaintiff within 33 calendar days
of the date of the written notification. Plaintiff shall provide PTOCHU a copy of each executed
Consent and Release Agreement received from any Political Subdivision.
3. Plaintiff shall not distribute any of the Political Subdivision Proceeds to a Political
Subdivision that does not execute and return the Consent and Release Agreement to Plaintiff
within 33 calendar days of the date of the written notification. A Political Subdivision's failure
to execute and return an executed Consent and Release Agreement to Plaintiff within the time
specified herein shall not result in any increase in the pro rata share of the Political Subdivision
Proceeds to which any other Political Subdivision is entitled under the terms of this Settlement
Agreement.
4. Plaintiff shall mail the written notification discussed in paragraph 2, along with an
appropriate Consent and Release Agreement, to each Political Subdivision via certified U.S.
mail, return receipt requested. All costs associated with the written notification shall be borne by
Plaintiff.
5. Any and all notices relating to this Settlement Agreement shall be delivered to
Kohn, Kohn & Colapinto on behalf of Plaintiff and McDermott Will & Emery LLP on behalf of
1TOCHU via both electronic mail and first class mail to the addresses listed below:
Michael D. Kohn
Kohn, Kohn & Colapinto, LLP
-3 -
3233 P St. NW
Washington, DC 20007
E-mail: mk@kkc.com
Bobby R. Burchfield
McDermott Will & Emery LLP
600 Thirteenth Street, N,W.
Washington, D.C. 20005-3096
E-mail: bburchfield@mwe.com
Any such notice shall be effective upon receipt.
6. Plaintiff and Kohn, Kohn & Colapinto represent and agree that ITOCHU has had
and will have no role in the division or distribution of settlement proceeds, and will hold
ITOCHU harmless from and against any disputes among Plaintiff, Kohn, Kohn & Colapinto, the
State of California, and/or any Political Subdivision regarding the division or distribution of such
settlement proceeds.
7- Conditioned upon payment of the Settlement Amount, subject to any reduction of
the Settlement Amount as set forth in paragraphs 13 through 15 below, and otherwise limited by
the rights vested in Plaintiff under Cal. Gov. Code 12652(f)(1), Plaintiff hereby forever releases
and discharges ITOCHU, and its predecessors, successors, current and formcr assigns, business
affiliates, subsidiaries, parents, and divisions, as well as their respective officers, directors,
employees, agents, and representatives (collectively, "the ITOCHU Released Parties") from (i)
any and all civil, administrative, or other monetary claims, and any and all other potential claims
for relief of any kind Plaintiff has or may claim to have on his own behalf that were made or that
could have been made in the Litigation, and (ii) any other claim under any law or in any -venue
related to the ITOCHU Released Parties' importation of, sale of, or involvement in any way with
Zylon.
-4 -
8. Pursuant to and consistent with the rights vested Plaintiff under Cal. Gov. Code §
12652(c)(I) and (f)(I), on behalf of the State of California and the Political Subdivisions listed in
Appendix A, Plaintiff also forever releases and discharges the ITOCHU Released Parties of all
civil, administrative, or other monetary claims arising from the alleged failure of Zyl on body
armor to perform as required by its express and implied warranties and any other claims
described in the Second Amended Complaint. This release does not apply to claims or potential
claims by the State or its political subdivisions that are not described in the Second Amended
Complaint, such as potential violations of the California Revenue and Taxation Code, health and
safety laws, or environmental laws.
9. The claims released in paragraphs 7 and 8 are collectively defined as "the
Released Claims."
10. Plaintiff covenants and agrees that he will not sue or bring or assert any action,
claim, or cause of action in any jurisdiction or forum against any of the ITOCHU Released
Parties asserting any of the Released Claims.
11. It is the intention of the Parties to be legally bound by the terms and conditions of
this Settlement Agreement, which is intended to cover any and all of the Released Claims.
whether known or unknown, suspected or unsuspected, or hereafter discovered or ascertained,
and any and all rights or benefits conferred under Section 1542 of the California Civil Code are
hereby expressly waived. The Parties acknowledge that they are familiar with Section 1542,
which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR."
-5 -
The Parties expressly, knowingly, and intentionally waive and relinquish any and all provisions,
rights and benefits that they have under Section 1542, as well as under any state or federal statute
or common law principle that is similar, comparable or equivalent in effect to California Civil
Code Section 1542.
12. Any of the ITOCHU Released Parties may plead this Settlement Agreement as a
complete defense and bar to any Released Claim, and, in such event, Plaintiff shall indemnify
and hold the 1TOCHU Released Parties harmless from and against any and all costs and
expenses arising therefrom (including reasonable attorneys' fees and expenses incurred in
connection therewith).
13. Within 10 business days after the expiration of the 33 day response period set
forth in paragraph 2, or at such lime as the parties otherwise agree, Plaintiff shall deposit all
Political Subdivision Proceeds that have not been distributed to the Political Subdivisions (the
"Undistributed Proceeds") into the ITOCHU Escrow Account.
14. In the event that a Political Subdivision files or has filed a civil. administrative, or
other monetary claim against any or all of the ITOCHU Released. Parties that is based in whole
or in part on any or all of the Released Claims, the Distribution Agent shall release funds from
the ITOCHU Escrow Account to ITOCHU to reimburse ITOCHU for any and all costs and/or
fees, including but not limited to attorneys' fees, incurred in connection with defending any such
claim. Further, in the event Plaintiff, the. State of California, or a Political Subdivision asserts
claims against ITOCHU relating to the distribution of proceeds of this Settlement Agreement, the
Distribution Agent shall release funds from the ITOCHU Escrow Account to ITOCHU to
reimburse ITOCIIU for any and all costs and/or fees, including but not limited to attorneys' fees,
-6 -
incurred in connection with defending any such claim relating to distribution of settlement
proceeds.
15. Six months (180 days) after the Effective Date, the balance of the ITOCHU
Escrow Account shall be distributed as follows: (i) if less than or equal to the sum of the
Undistributed Proceeds, the entire balance of the ITOCHU Escrow Account shall be distributed
to ITOCHU; (ii) if greater than the sum of the Undistributed Proceeds, an amount equal to the
sum of the Undistributed Proceeds shall be distributed to ITOCHU, and any amount in excess of
the Undistributed Proceeds shall be distributed to the Kohn, Kohn & Colapinto LLP Client Trust
Account. At this time, Plaintiff will also provide the Court with an accounting of the distribution
of all Political Subdivision Proceeds.
16. This Settlement Agreement shall not be admissible in any suit or proceeding as
evidence of or as an admission of any liability, but shall be admissible in any proceeding for its
enforcement in accordance with Section 1 123 of the California Evidence Code.
17. Plaintiff agrees that following the execution of this Settlement Agreement, he
will, at his own expense, use best efforts to obtain written consent of the Settlement Agreement
from the Attorney General for the State of California and approval of the Settlement Agreement
from the Superior Court of the State of California, Los Angeles County.
18. Within 10 days of receiving the initial Settlement Payment, Plaintiff and his
attorneys shall return to ITOCHU's counsel any and all documents, records, or other materials,
and all copies thereof, in whatever form, that Plaintiff or his attomeys received from ITOCHU
or, in the alternative, Plaintiff and his attorneys shall provide to ITOCHU's counsel a sworn and
executed certification, attesting to the destruction of any and all documents, records, or other
materials. and all copies thereof, that Plaintiff or his attorneys received from ITOCHU.
-7 -
19. With the exception of documents or information filed on the public court record
prior to the date of this Settlement Agreement, Plaintiff covenants and agrees to maintain the
confidentiality of any and all information produced or disclosed to Plaintiff by ITOCHU, or any
of the other ITOCHU Released Parties, during the course of the Litigation, and shall use all
reasonable efforts to preserve the secrecy and confidentiality of such information. Plaintiff
covenants and agrees not to disclose such information in writing or orally to any third party,
except in responding to compulsory legal process.
20. Plaintiff represents and warrants that he has not filed any other claim or cause of
action in the State of California, or any other state or federal jurisdiction, against any of the
ITOCHU Released Parties that is based upon, concerns, or relates to the ITOCHU Released
Parties' importation of, sale of, or involvement in any way with Zylon. To the extent Plaintiff
has filed any such claim, demand, or cause of action, Plaintiff covenants and agrees to execute
upon request a Request for Dismissal with Prejudice of any and all such claims. demands, or
causes of action against any of the ITOCHU Released Parties. The filing of a relator disclosure
statement shall not be considered a "claim, demand, or cause of action" under this provision.
Unless and until dismissal of any such action, Plaintiff shall indemnify and hold the ITOCHU
Released Parties harmless from and against such actions, and shall indemnify the !TOCHU
Released Parties for all attorneys' fees and expenses incurred in such actions.
21. This document contains the full and complete Settlement Agreement with respect
to the matters covered herein. No modification of this Settlement Agreement shall be effective
unless in writing, signed by the Panics, and approved by the Superior Court of the State of
California, Los Angeles County.
-8 -
22. Each person who signs this Settlement Agreement in a representative capacity
warrants that he or she is duly authorized to do so. Further, each Party itself (a) acknowledges
that such Party has been advised by competent legal counsel in connection with the execution of
this Settlement Agreement and the accompanying releases, has read each and every paragraph of
this Settlement Agreement, and understands the respective rights and obligations set forth herein,
and (b) represents that the commitments, acknowledgements, representations, and promises set
forth herein are freely and willingly undertaken and given.
23. This Settlement Agreement is governed by the laws of the Slate of California and
is made and is enforceable in accordance with the provisions of California law and, specifically,
Code of Civil Procedure 664.6, and the Parties agree that the Superior Court of California shall
retain exclusive jurisdiction over any dispute arising between and among the Parties under this
Settlement Agreement.
24. For purposes of construction, this Settlement Agreement shall be deemed to have
been drafted by all Parties to this Settlement Agreement and shall not, therefore, be construed
against any Party for that reason in any subsequent dispute.
25. This Settlement Agreement is intended to be for the benefit of ITOCHU (and the
ITOCHU Released Parties), the State of California and its political subdivisions, and Plaintiff
only, and by this instrument, ITOCHU and Plaintiff do not release any claims against any other
person or entity, except those released within this Settlement Agreement.
26. ITOCHU represents that this Settlement Agreement is freely and voluntarily
entered into without any degree of duress or compulsion whatsoever.
27. This Settlement Agreement may be executed in counterparts, each of which
constitutes an original and all of which constitute one and the same Settlement Agreement.
-9 -
28. This Settlement Agreement is effective on the date of final court approval (the
"Effective Date'"), which, for the purposes of this Settlement Agreement, shall not uu;ur until
after any and all appeals of the order or judgment approving this Settlement Agreement have
been withdrawn, decided, or dismissed and the period for such appeals (60 days) has expired.
29. Plaintiff shall serve the Attorney General for the State of California with a copy of
this Settlement Agreement prior to its submission to the court for approval.
IN WITNESS WHEREOF, the Parties have executed the foregoing Settlement
Agreement or counterparts thereof, intending to be bound,
DATED:
ITOCHU INTERNATIONAL, INC.
DATED: 7/_'7/y4)12.---
BY:
_10-
Steph n M. Kohn
Counsel to Aaron J. Wesirick
7AIkA15F t 7fuN /
Svc' Glki,Lf,A,/Ac,J
��-,c..s✓ .�1Vis,D
APPENDIX A
As set forth in the Settlement Agreement, the State of California and its political
subdivisions (collectively "California") shall receive $187,500 from the Settlement Amount. As
set forth in Table 1, below, qui tam Plaintiff Dr. Aaron J. Westrick has identified 632 vests
purchased by California that contained Zylon, for which California paid a total of $374,356.36.'
These vests were purchased by 56 different political subdivisions and one state agency.
To calculate the pro rata share the Settlement Amount for each agency and political
subdivision, Plaintiff multiplied the cost of the vests purchased by that agency or political
subdivision by California's total share of the Settlement Amount, divided by the total cost of all
of the vests purchased by California, i,e. (amount agency spent) x $I 87,500/$374,356.36.
TABLE 1
Jurisdiction
Vests
PriceiVest
Total
Pro Rata
Share
Pro Rata
Total
.r ' ,: ,
2
3; :
;:.0
;94:
, , ! , . .
,
S3$99 43
rr
2
': $399399 2525
'` $79$57985L50 r
:.$S399$39994 ,
.2
$399.25 '1
:: ! $"19$ 504,
a;$399.94 '
ALA E A OOUIV7 Y
,
,.,4
i $399 �
; $1,59.
$799.,87 '
',.1,!
$399r25i!
ir33992 ;
!,519997 r:
,,, r.
! ._.., T ,
'T ^,'
, '.5399.25 :
;' $2,794 75 .
'. $1: 399'18"_ :
ARCADIA CITY
100
$900.00
$90,000.00
$45,077.37
$45,077.37
A7tCATik
: 1
:'.5669.00,
i''.$66!.9.00s
, $335 08 .-i•
, 4.-. - `'
1
" 5665,00
:, $6G5:00 .
$333 07
BELMONT CITY
5
$679.00
$3,395.00
$1,700.42
$1,700.42
2
$555,00 .
.' $1,11000
$555 95 ,._
, ;r.
•5833 93
� .
BEVERLY ICI LS CITY
�' 1 �
: -$sss 00 : '
`:` -: s5s,5:00
• `$277,98�:
BUENA PARK CITY
19
$703.13
$13,359.47
$6,691.22
$g 099.90
4
$703.13
$2,812.52
$1,408.68
BURBANKCITY
r !
`` 2
l.$650,00 '`
$ 300.00
"$651,12 ..
$1,656 77
1 ..
. $628U0,
'..,$628:00:
F.,`$314.54 :;'
' This sales information was provided by the United States Department of Justice and represents
vest sales that were submitted to the National Institute of Justice as part of the Bulletproof Vest
Partnership Grant Act program. The NIJ reimbursed each agency and political subdivision 50%
of the purchase price of these vests, meaning that California's net cost for these vests was
$187,178.18.
►
► :
5459.95
5459.95
5230.37
$6,546.86
$2,577:13•:.'
r L`
2 ' '
2
S459.95
S575.00
S919.90
$1,150.00 ,
$460.74
$575.99
1
$575.00
S575.00
$287.99
6
$672.00
$4,032.00
$2,019,47
of Corrections
2
$575.00
$1,150.00
S575.99 _,
CA Department
Rehabilitation
1
1
S575.00
S575.00
S287.99
and
6
$672.00
S4,032.00
$2,019.47
3
$259.54
$778.62
$389.98
3
3 ,
S259.54
` .S857.57-
$778.62
$2,572.71
$389.98
$1,286.57 _
1.1NI;V
C gpznA;STATE
FRt5N0 PO`I`.ICE, ,`'':
r '..3.'':.$857.57'
:
$2,572.71
$1,288.57
CAPITOLA CITY
1
$849.00
$849,00
$425.23
$850.46
1
S849.00
$849.00
$425.23
fir, i ° . L.
C4 1?11t iL CITY' , ,
y' , : ,
. ,,1 3
-$556 83 •
,_$7;238.79
.$3,625 62
,
.54,436 75
- .
1'
"$556 83
= $555.83
,.$278 89
_j 1
.:. $463.67 r
:' $463:67
•::` 5232 23 ..
CHINO CITY
1
$566.40
$566.40
S283.69
$283.69
CLOVISCITY" r '.•
.'i5 ':
':.$595.00
: $2,975.00
;;$1;490.06
$1,490.06'
San Diego State University
Police Department
1
$499.00
$499.00
$249.93
$2 248 88
I
$498.76
$498.76
$249.81
1
$498.76
S498.76
$249.81
2
$499.00
S998.00
S499.86
1
$498.76
$249.81
1
$498.768.76
S498.76
$249.81
1
$499.00
S499.00
S249.93
I
$499.00
$499.00
$249.93
,, , > ,
, <
CORQ�IA ,.r,GO Y .t }
' ,` ` ,
72
$499,00
$998.00
$499.86 .
`.'
r 1,•499 57
'
' 1
$.499.00
$499.00
.5249.93
t• 1
.$499.00
$499.00 ..
$249.93
•1
3499.00 -.'.
,5499.00 •
$249.93 . '.
,,x• r ,, ti
• ? 1 t .
: '$499.00 •
$499:00
: $249.93 `
. ' .
COTATI CITY
2
$860.00
$1,720.00
_ $861.48
$861.48
CRESCENT CITY
` 2
S675.00
$1,350.00
$676.16
$676.16
FORT BRAGG CITY
1
S599.95
$599.95
$300.49
$300.49 •
GARISENA cFTY
l .
$850.00
$850.00
$425.73
$255438
-
5"
$850.00
$4,250.00
$2,128.65
, .
$849.00
$849.00
$425.23
GILROY CITY
I
2
$899.00
SI,798.00
, $900.55
$1,776.05
I
$899.00
$899.00
$450.27
GLENDORACITY - ::
9
=: $566.40
'$5,097.60
. $2;553.18 `
$2;5,53.18
HALF MOON BAY CITY
12
$750.00
$9,000.00
$4,507.74
, $4,507.74
•k - .
HUNTINGTON PARK' CITY
- ' 1
$850.00
' S850:00
':$425:73
.'
1
. ' $650.00
$650.00
' $325.56
51,72.7 97
3.
$650.00
$1,950.00
$976.68
INGLEWOOD CITY
52
$579.95
$30,157.40
$15,104.63
$15,104.63
LOSRIBS COMMUNITY ti
COLIEGE,DIST'
•
1 ,
' $599.00
S599.00
$300.01
$4,201.20 . •
'3
$599. 0 `
. S1,797.00 : -
$900.04
, ;5`
. $599.00 '
$2,995.00
$1,500 07
2,.'
. S599.00 .:.$1,198.00
$60003 -
2 .;:.
S599.99
S1,199.98
$601.02
1 .
$599.00
$599.00
$300.01
MARYSVILLE CITY
3
$549.00
$1,647.00
$824.92
$4,399.55
3
$549.00
$1,647.00
$624.92
9
$549.00
$4,941.00
$2,474.75
I
$549.00
$549.00
$274.97
MEMO PARK CITY
�:"; 4
$849.00 ,
: $3,396.00
$1,700.92
$1,700.92
MERCED COUNTY
2
$536.40
$1,072.80
$537.32
$537.32
MONTEEELLO CITY::'. ..
,:50
'.$59,43- _,:`
$2,971.50
$1488.30
$1,488.30
MONTEREY CITY
1
$692.00
$692.00
$346.59
$2,426.16
6
$692.00
$4,152.00
$2,079.57
.:
MOIZGAN HHQ.i, CITY
' r
'.1 -
? $649.00 ..'.'>S649.00
- $325.06
I.°3 '
$649.00
. $1,947.00
S975.17
$2,600.46'
1
$649.00
$649.00
$325.06
•! 2 ',-
$649.00
$1,298.00
$650.12
''; I ;
S649.00
$649.00
$325.06
NATIONAL CITY
1
$469.00
S469.00
$234.90
$234.90
PACIFIC GROVE CITY
0 J
$1
• $975.17
PALO ALTO CITY
3
$649.
99 .D0
$975.17
$6,303.94
I
$899.00
$899.00
S450.27
1
$899.00
$899.00
$450.27
I
$899.00
$899.00
$450.27
1
$899.00
$899,00
$450.27
5
$899.00
$4,495.00
$2,251.36
1
$899.00
$899.00
$450.27
1
$899.00
$899.00
$450.27
1
$899.00
$899.00
$450.27
I
$899.00
$899.00
$450.27
PALOS VERDES ES • TATES
CITY.
$840.00
51,680.00
$841.44
,
;;1 ,
3840.00
$840.00
$420.72
$1,682.89
L;-: `
.
$840.00
S840.00
5420.72.E
PARADISE TOWN
I
$660.00
$660.00
$330.57
$661.13
1
$660.00
$660.00
$330.57
PETAL UMA CITY •
16
$525:00
58,400.00
_ 54,207.22
$4,733 l2;• !
2
$525.00
$525.90
_$1,050.00
5466.80J
$715.98
RED BLUFF CITY
2
$466.00
$932.00
I
$497.50
$497.50
$249.18
REDDING CITY
4
2
$497.50.
Si59.00
$1,990.00
$318.00
$996.71.
$159.27
$996.71
$344.59
ROSEVILLECITY
1
$185.00
$185.00
592.66.
SAN CARLOS CITY
SAN DIEGO CITY
SAN DIEGO UNIFIED PORT .:
DISTRICT
SAN FRANCISCO BAY
AREA RAPID TRANS DIST
SAN GABRIEL CITY
Santa Clara County Department
of Correction
SCOTTS VALLEY POLICE
DEFT .
STALLION SPRINGS CMTY
SERV DT
SUNNYVALE CITY
VACAVILLE CITY
WALNUT i CREEK CITY
WEST SACRAMENTO CITY
r .,
WXLLITS CITY
WOODLAKE CITY
YUBA COUNTY
1
1
1
40
19
23
1
• 28
6
1
1..
3
F
8
f
'1`
1
3
$185.00
$649.00
$649.00
$498.76
$498.76
$498.76
$498,76
$498.76 .' ,
$498.76
$787.95
$492.73
$569.00
$569.00
$669.95
$771.60
$581.00 :.
$581.00
$649.00
$674:71
$695,95
$185.00
$649.00 .
$649.00
$19,950.40
$9,476.44
$11,471.48
$.498.76
;$498.76
$4,488.84
$787.95
- $13,796.44,
$695.95
$550.00
$700.00
$550.00
$575.00
$575.00 :
$779.95
$569.00
$569.00
$4,019.70
$771.60
$5.81.00
$581:00
$1,947.00
$674.71
51,191.907,
$695.95.;:
$4,400.00
$700.00
$1,650.00
$575.00
$575.00
$779.95
$1,439.85
$92.66.
$325.06
• $325,06
$9,992.35
$4,746.37
$5,745.60
$249.81
,. $2249 81 ..
= $2,248.28
$394.65
S6910.08
$284.99
$284.99
$2013.31
$386.46
$291.00
;:5291.00
$975.17
'.$337.94
$697.15
:$348.57.•
$2,203.78
$350.60
$826.42
.$287.99.
$287.99
$390.65
$650.12
$20,484.32
S2,747.90
$394.65
$6,910.08
$569.98
$2,013.3F
$386.46
$582.00;.
$975.17
• $1,383.65
$2,203.78
$350:6p
$826.42
$575.99
$390.65 ,
$721.16- • $721,16
Pro Rata
Total Sales 5374,356.36 Share
$479.95
$187,500.00
KOHN, KOHN & COLAPINTO, LLP
3233 P Street, N.W.
Washington, D.C. 20007
202-342-6980
sk@kkc.com
January 17, 2013
Dear Counsel:
We are writing in regards to the case, State of California ex rel. Westrick v. American
Body Armor, et al., Case No. BC386586, (Sup. Ct. Cal.) and as a follow-up to our letter
sent to you on December 4, 2012. This email note is a reminder that the deadline for
signing the consent and release forms associated with this case is JANUARY 31, 2013.
As explained in our December 4th letter, a settlement agreement was approved with two
of the three defendants, N.I. Teijin Shoji (U.S.A.) and Itochu. Monies were set aside for
your locality to compensate for the losses associated with defective body armor that your
locality purchased. If you would like to receive the portion of monies set aside for your
locality you must sign the TWO release agreements attached to this letter. TWO
releases must be assigned because there are two defendants involved with two separate
settlement agreements. If you do not return the TWO signed consent release forms
by JANUARY 31, 2013 the monies awarded to your locality will be returned to the
respective defendants and your right to the monies set aside in this settlement will be
forfeited.
Also, we are re -sending to you copies of the two Settlement Agreements that earmarked
monies for your agency. These settlement agreements are almost identical in nature and
set forth information on the underlying case. The only material difference is the dollar
amount awarded to each political subdivision.
Attached to this letter are TWO Consent and Release Agreements. Because two
settlements were reached with two separate companies, BOTH Consent and Release
forms must be signed.
Again, according to the Settlement Agreement approved by the court you should sign
BOTH forms, one for Itochu and one for N.I. Teijin Shoji (U.S.A.). You may also sign
and scan the forms and email them to sk@kkc.com. If you do not send both forms by
JANUARY 31, 2013 you will not receive the monies allotted to your locality under
the Settlement Agreement. If you have any questions please contact Stephen Kohn at
(202)-342-6980 or smk@kkc.com.
Sincerely,
Stephen M. Kohn
Attorney for Plaintiff Dr. Aaron J. Westrick
Mayor
Ron Morrison
Council Members
Louis Natividad
Alejandra Sotelo-Solis
Mona Rios
Jerry Cano
nteespoRmico
Office of the City Attorney
TO: City Clerk
FROM: Ginny Miller, Legal Assistant
SUBJECT: Westrick Settlement; Consent and Release Agreements
City Attorney
Claudia Gacitua Silva
Deputy City Attorney
Jennifer Knight
DATE: January 29, 2013
Attached please find original Consent and Release Agreements No. 1 and 2 executed by the City
Manager regarding a settlement in the matter of Westrick v. American Body Armor for your files.
An original has also been mailed to the firm of Kohn, Kohn & Colapinto, LLP.
Thank you.
achments
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
NCORi. t'rtp Michael R. Dalla, CMC- City Clerk
619-336-4228 phone / 619-336-4229 fax
ITOCHU
Consent and Release Agreement
State of California ex rel. Westrick vs. American Body Armor
Ginny Miller (City Atty.) Forwarded
Copy of Agreement to Westrick