HomeMy WebLinkAbout2013 CON N.I. Teijin Shoji USA - Consent and Release AgreementCONSENT AND RELEASE AGREEMENT #2
N.I. Teijin Shoji (U.S.A.)
On July 27, 2012, qui tam Plaintiff Aaron J. Westrick (Plaintiff) and N.I. Teijin Shoji (U.S.A.)
(NITSU) entered into a settlement agreement (the "Settlement Agreement") for the sum of
seventy five thousand dollars ($75,000.00) (the "Settlement Amount"). Conditioned upon
NITSU's payment of the Settlement Amount, Plaintiff agreed to release and discharge NITSU
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 could have been made in the matter entitled, State of
California ex rel. Westrick v. American Body Arrnor, 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 State of California and each political subdivision thereof, Plaintiff
agreed to forever release and discharge NITSU and related parties of all civil, 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 Amended Complaint.
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, Alameda County 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 NITSU a full and complete release as set
forth in the Settlement Agreement.
t) a81)3
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 N.I. Teijin Shoji (U.S.A.) (NITSU) (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 NITSU 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. NITSU denies each and every allegation of wrongdoing in the Litigation and
denies that NITSU had any role whatsoever in the manufacture, sales or distribution of the Zylon
contained in the vests identified in Appendix A to this Settlement Agreement.
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 NITSU.
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 NITSU, 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, within 10
business days of the Effective Date of the Settlement Agreement, NITSU shall pay seventy-five
thousand dollars ($75,000.00) (the "Settlement Amount") to the Kohn, Kohn & Colapinto LLP
Client Trust Account. 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 NITSU by
Kohn, Kohn & Colapinto prior to or upon the Effective Date of this Settlement Agreement.
Plaintiff shall retain $40,909.09 of the Settlement Amount to defray attorneys' fees and costs
necessarily incurred in the prosecution of this action. In addition, Plaintiff shall receive
$17,045.45 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 $595.17
to the State of California. The remainder of the Settlement Amount, up to a maximum of
S16,450.29 shall be 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
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 noshing more, only if it consents to this Settlement Agreement by
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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 NITSU 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 Pillsbury Winthrop Shaw Pittman LLP on
behalf of NITSU via both electronic mail and first class mail to the addresses listed below:
Michael D. Kohn
Kohn, Kohn & Colapinto, LLP
3233 P St. NW
Washington, DC 20007
L-mail: ink@kkc.com
Thomas Hill
Pillsbury Winthrop Shaw Pittman LLP
2300 N St NW
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Washington, D.C. 20037-1122
E-mail: thomas.hill@pillsburylaw.com
Any such notice shall be effective upon receipt.
6. Plaintiff and Kohn, Kohn & Colapinto represent and agree that NITSU has had
and will have no role in the division or distribution of settlement proceeds, and will hold NITSU
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 paragraph 13 below, and otherwise limited by the rights
vested in Plaintiff under Cal. Gov. Code I2652(f)( I), Plaintiff hereby forever releases and
discharges NITSU, and its predecessors, successors, current and former assigns, business
affiliates, subsidiaries, parents, and divisions, as well as their respective officers, directors,
employees, agents, and representatives (collectively, "the NITSU 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 NITSU Released Parties' importation of, sale of, or involvement in any way with
Zylon.
8. Pursuant to and consistent with the rights vested Plaintiff under Cal. Gov. Code §
12652(c)(1) and (t)(1), on behalf of the State of California and the Political Subdivisions listed in
Appendix A, Plaintiff also forever releases and discharges the NITSU Released Parties of all
civil, 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
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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 NITSU Released Parties
asserting any of the Released Claims, nor shall Plaintiff assist or cooperate in any way with any
other person or entity that brings or asserts any action, claim, or cause of action in any
jurisdiction or forum against any of the NITSU Released Parties related to any Released Claim,
except as a fact witness pursuant to a proper subpoena, or as otherwise required by law.
1 I. 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 NO'l' KNOW OR SUSPECT TO EXIST IN IIIS OR HER
FAVOR AT THF. TIME OF EXECUTING TIIE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AF1-ECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR."
The Partics 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
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or common law principle that is similar, comparable or equivalent in effect to California Civil
Code Section 1542.
12. Any of the NITSU Released Parties may plead this Settlement Agreement as a
complete defense and bar to any Released Claim.
13. Within 30 business days after the expiration of the 33 day response period set
forth in paragraph 2, or at such time as the parties otherwise agree, Plaintiff shall return all
Political Subdivision Proceeds that have not been distributed to the Political Subdivisions (the
"Undistributed Proceeds") to NITSU. At this time, Plaintiff will also provide the Court with an
accounting of the distribution of all Political Subdivision Proceeds.
14. 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 1123 of the California Evidence Code.
15. 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.
16. Within 10 days of receiving the Settlement Amount, Plaintiff and his attorneys
shall return to NITSU's counsel any and all documents, records, or other materials, and all copies
thereof, in whatever form, that Plaintiff or his attorneys received from NI'l'SU or, in the
alternative, Plaintiff and his attorneys shall provide to NITSU'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 NITSU.
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17. 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 NITSU, or any of
the other NITSU 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.
18. 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
NITSU Released Parties that is based upon, concerns, or relates to the NITSU 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 a Request
for Dismissal with Prejudice of any and all such claims, demands, or causes of action against any
of the NITSU 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 NITSU Released Parties harmless from
and against such actions, and shall indemnify the NITSU Released Parties for all attorneys' fees
and expenses incurred in such actions.
19. 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 Parties, and approved by the Superior Court of the State of
California, Los Angeles County,
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20. 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.
21. This Settlement Agreement is governed by the laws of the State 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.
22. 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.
23. This Settlement Agreement is intended to be for the benefit of NITSU (and the
NITSU Released Parties), the State of California and its political subdivisions, and Plaintiff only,
and by this instrument, NITSU and Plaintiff do not release any claims against any other person
or entity, except those released within this Settlement Agreement.
24. NITSU represents that this Settlement Agreement is freely and voluntarily entered
into without any degree of duress or compulsion whatsoever.
25- 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.
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26. This Settlement Agreement is effective on the date of final court approval (the
'Effective Date").
27. 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:thereol; intending to be bound.
DATED:
N.I. TEIJIN SHOII (U.S.A.)
DATED: OC1" II0 /2012
BY:
AA lyvv w piA:friA
/I (/a `+'2--
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Dr. Aaro 1 J.
Stephen M. Kohn
Counsel to Aaron J Westrick
Tho C. Hill
Co el to N.I. Teljin Shoji (U.S.A.)
APPENDIX A
As set forth in the Settlement Agreement, the State of California and its political
subdivisions (collectively "California") shall receive $17,045.46 from the Settlement Amount.
As set forth in Table I, below, qui tarn Plaintiff Dr. Aaron J. Westrick has identified 632 vests
purchased by California that contained Zylon, for which California paid a total of $374,356.36.1
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 17,045.46/$374,356.36.
TABLE 1
Jurisdiction
Vests
Price/Vest
Total
Pro Rata Total
Total/Juris
ALAMEDA COUNTY
2
$399.25
$798.50
$36.36
$327 22 .
2
. $399.25
$798.50
$36.36
2
$399:25 :
$798.50
$36.36
4
$399.25' -
' $1,597.00
$72.72
1
$399.25
$399.25
$18.18
7
$399.25
$2,794.75
$I27.25
ARCADIA CITY
100
$900.00
S90,000.00_
$4,097.94
$4,097.94
ARCADA CITY
1
$669.00
$669.00
$30.46
$60.74-
1
$665.00
$665.00
$30.28
BELMONT CITY
5
$679.00
$3,395.00
$154.58
$154.58
BEVERLY HILLS CITY
2
$555.00,
$],110.00
$50.54
$75.81
1
$555.00
$555.00
$25.27
BUENA PARK CITY
19
$703.13
$13,359.47
$608.29
$736.35
4
$703.13
$2,812.52
$128.06
BURBANK CITY
2
$650.00
$1,300.00
$59.19
$150.62
1
$628.00
$628.00
$28.59
1
$459.95
$459.95
$20.94
t 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.
2
$459.95
$919.90
$41.89
CA Department of Corrections
and Rehabilitation
2
$575.00
$1,150.00
$52.36
1
$575.00
$575.00
$26.18
6
$672.00
$4,032.00
$183.59
2
$575.00
$1,150.00
$52.36
1
$575.00
$575.00
$26.18
$59.5.17
6
$672.00
$4,032.00
$183.59
3
$259.54
$778.62
$35.45
3
$259.54
$778.62
$35.45
CALIFORNIA STATE UNIV-
FRESNO POLICE
• 3
$857.57
$2,572.71
$117.14
3
$857.57
$2,572.71
$117.14
$234.28
CAPITOLA CITY1
$849.00
$849.00
$38.66
g77 31
1
$849.00
$849.00
$38.66
CATHEDRAL CITY ..
13
$556.83
$7,238.79
$329.60
$376.07
1
$556.83
$556.83
$25.35
1
$463.67
$463.67
321.1 ]
CHINO CITY
1
$566.40
$566.40
$25.79
$25.79
CLOVISCITY
5
$595.00
$2,975.00
$135.46
$135.46
San Diego State University
Police Department
1
$499.00
$499.00
$22.72
$204.44
I
$498.76
$498.76
$22.71
1
$498.76
$498.76
$22.71
2
$499.00
$998.00
$45.44
I
$498.76
$498.76
$22.71
1
$498.76
$498.76
$22.71
1
$499.00
$499.00
$22.72
1
$499.00
$499.00
$22.72
CORONADO CITY
.2
$499.00
$998.00
$45.44
$136.32
1
$499.00
$499.00
$22.72
1
$499.00
$499.00
$22.72
1
$499.00
$499.00
$22.72
1
$499.00
$499.00
$22.72
COTATI CITY
2
$860.00
$1,720.00
$78.32
$78.32
CRESCENT CITY
2
$675.00
$1,350.00
$61.47
$61.47
FORT BRAGG CITY
1
$599.95
$599.95
$27.32
$27.32
GARDENA CITY
1
$850.00
$850.00
$38.70
$232 22
5
$850.00
$4,250.00 _
$193.51
1
$849.00
$849.00
$38.66
$161.46
GIL.ROYCITY
2
$899.00
$1,798.00
$81.87
$899.00
$899.00
$40.93
GLENDORA CITY
9
$566.40
$5,097.60
$232.11
$232.11
HALF MOON BAY CITY
12
$750.00
$9,000.00
$409.79
$409.79
1
$850.00
$850.00
$38.70
$157.09
HUNTINGTON PARK CITY
1
$650.00
$650.00
$29.60
3
$650.00
$1,950.00
$88.79
INGLEWOODCITY
52
$579.95
$30,157.40
$1,373.15
$1,373.15
LOS RIOS COMMUNTCX ,
COLLEGE DIST
$599.00
$599.00
$27.27
$381.93
3 ,
$599.00
$1,797.00
$81.82
5
$599.00
$2,995.00
$136.37
2
$599.00
$1,198.00
$54.55
- 2.
$599.99
$1,199.98
$54.64
.' 1
$599.00
. $599.00
$27.27
MARYSVILLECITY
3
$549.00
$1,647.00
$74.99
$399,96
3
$549.00
$1,647.00
$74.99
9
$549.00
$4,941.00
$224.98
1
$549.00
$549.00
$25.00
MENLO PARK CITY
4
$849.00
$3,396.00
$154.63
$154.63
MERCEDCOUNTY
2
$536.40
$1,072.80
$48.85
$48.85
MONTEBELLO CITY
50
$59.43
$2,971.50
$135.30
$135.30
MONTEREY CITY
1
$692.00
$692.O0
$31.51
$220.56
6
$692.00
$4,152.00
$189.05
MORGAN HILL CITY
1
$649.00
$649.00
$29.55
$236.41
3
$649.00
$1,947.00
$88.65
1
$649.00
$649.00
$29.55
2
$649.00
$1,298.00
$59.10
1
$649.00
$649.00
$29.55
NATIONAL CITY
1
$469.00
$469.00
$21.35
$21.35
PACIFIC GROVE CITY
3
$649.00
$1,947.00
$88.65
$88.65
PALO ALTO CITY
1
$899.17
$899.17
$40.94
$573.08
1
$899.00
$899.00
$40.93
1
$899.00
$899.00
$40.93
1
$899.00
$899.00
$40.93
1
$899.00
$899.00
$40.93
.5
$899.00
$4,495.00
$204.67
1
$899.00
$899.00
$40.93
1
$899.00
$899.00
$40.93
1
$899.00
$899.00
$40.93
1
$899.00
$899.00
$40.93
PALOS VERDES ESTATES
CITY
2
$840.00
$1,680.00
$76.49
$152.99
1
$840.00
$840.00
$38.25
1
$840.00
$840.00
$38.25
PARADISE TOWN
1
$660.00
$660.00
$30.O5
$60 10
1
$660.00
$660.00
$30.05
PETALUMA CITY
16
$525.00
$8,400.00
$382.47
$430.28
2
$525.00
$1,050.00
$47.81
RED BLUFF CITY
2
$466.00
$932.00
$42-44
$65.09
1
$497.50
$497.50
$22.65
REDDING CITY
4
$497.50
$1,990.00
$90.61
$90.61
ROSEVILLECITY
2
$159.00
$318.00
$14.48
$31.33
1
$185.00
$185.00
$8.42
1
$185.00
$185.00
$8.42
SAN CARLOS CITY
1
$649.00
$649.00
$29.55
1
$649.00 -
$649.00
$29.55
$59.10
SAN DIEGO CITY
40
$498.76
$19,950.40
$908.40
19
$498.76
$9,476.44
$431.49
$1,862.21
23
$498.76
$11,471.48
$522.33
SAN DIEGO UNIFIED PORT
DISTRICT
l
$498.76
$498.76
$22.71
$249.81
1
$498.76
$498.76•
$22.71
9
•$498.76
$4,488.84
$204.39
SAN FRANCISCO BAY
AREA RAPID TRANSIT DIST
1
$787.95
$787.95
$35.88
$35.88
SAN GABRIEL CITY
28
$492.73
$13,796.44
$628.19
$628.19
Santa Clara County Department
of Correction
1
$569.00
$569.00
$25.91
$51 82
1
$569.00
$569.00
$25.91
SCQTTS VALLEY POLICE
DEPT
6
$669.95
$4,019.70
$183.03
$183.03
STALLION SPRINGS CMTY
SERV DT
1
$771.60
$771.60
$35.13
$35.13
SUISUN CITY
1
$581.00
$581.00
$26.45
$52.91
1
$581.00
$581.00
$26.45
SUNNYVALE CITY
3
$649.00
$1,947.00
$88.65
$88.65
TUSTIN.CITY
1
$674.71
$674.71
$30.72
$125.79
2
$695.95
$1,391.90
$63.38
1
$695.95
$695.95
$31.69
VACAVILLE CITY
8
$550.00
$4,400.00
$200.34
$200.34
WALNUT CREEK CITY
1
$700.00
$700.00
$31.87
$31.87
WEST SACRAMENTO CITY
3
$550.00
$1,650.00
$75.13
$75.13
WILLITS CITY
1
$575.00
$575.00
$26.18
$52.36
1
$575.00
$575.00
$26.18
WOODLAKE CITY
1
$779.95
$779.95
$35.51
$35.51
YUBA COUNTY
3
$479.95
$1,439.85
$65.56
$65.56
$374,356.36 Pro Rats $17,045.46
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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 4`" 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
January 29, 2013
Stephen M, Kohn
Kohn Kohn & Colapinto LLP
3233 P ST NW
Washington DC 20007-2756
Office of the City Attorney
RE: Westrick Settlement Agreement
Dear Mr. Kohn:
City Attorney
Claudia Gacitua Silva
Deputy City Attorney
Jennifer Knight
Enclosed please find original executed Consent and Release Agreements No. 1 and 2 in the
above -referenced matter. These were also emailed to your firm on January 29.
Very truly yours,
Ginny Miller
Executive Assistant to the City Attorney
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
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone / 619-336-4229 fax
N.I. TEIJIN SHOJI (U.S.A.)
Consent and Release Agreement
State of California ex rel. Westrick vs. American Body Armor
Ginny Miller (City Atty.) Forwarded
Copy of Agreement to Westrick