The URL can be used to link to this page

Home My WebLink AboutResolution No. 4389 RESOLUTION NO. 4389 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY EMPLOYING COUNSEL TO REPRESENT THE CITY AND CERTAIN NAMED DEFENDANTS IN A SPECIFIC MATTER OF LITIGATION THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Downey and Robert G. Cormack, -- James T. Quinn, Randall R. Barb, Theodore H. Jackman and William Martin have been named as defendants in a lawsuit brought by Lennie L. Whittington, in the United States District Court, Central District of California, Case No. 83 8076 LEW (Gx) . The City and the named defendants have been represented in said litigation by the City Attorney and the firm of Burke, Williams & Sorensen. SECTION 2. Certain developments which have occurred during the pendency of said litigation indicate that new counsel should be employed to represent the City and the named defendants. A proposal has been made for such representation, by letter dated April 26, 1984, from Robert S. Warren of Gibson, Dunn & Crutcher, a copy of which is attached as Exhibit A and incorporated herein by reference. SECTION 3. The City and the named defendants in said litigation hereby employ Robert S. Warren, Richard P. Levy and Gibson, Dunn & Crutcher as counsel on behalf of the City and ' said named defendants to represent said defendants in accordance with the terms and conditions set forth in Exhibit A. SECTION 4. This Resolution is effective upon adoption. PASSED, APPROVED AND ADOPTED this 7th day of Ma 1984. .-----, .411 IV , 402 ,...., : ert G . rrir mack, Mayor ATTEST: /4 /1 . / ) - s, , / 1 r --- City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Downey at a special meeting thereof held on the 7th day of May, 1984, by the following vote, to wit: AYES: 3 Council Members: Barb, Quinn, Cormack NOES: 1 Council Members: Davila ABSENT: 1 Council Members: Jackman ... , ‘) ; 1 i 2)/ . City Clerk i GIBSON, DUNN 8, CRUTCHER• JULIAN 0. VON KALIMOWSKI RO•CRT K. MONTGOMERY LAWYERS WILLIAM $ IN[HART, JR. AVIAHA 1. ►CT[RS F. DANIEL FROST KENNETH C. RISTA U, JR. R, RANDALL NUFI FRED G •(MNETT PAUL 21 RONALD S. ■EARD J. [DO STEPP, JR, O[RA•O J. K ENNY FRANCIS M. WH(AT BRUCE L. GITELSON 333 SOUTH GRAND AVENUE ROBERT IORGNONE JAMES P. CLARK ARTHUR W. SCHMUTI MARS MA Met CAN -UTLEY CHARLES C. IVIC •ENNCTT L. SILVERMAN NOPMAN •. DEAN STERN LOS ANGELES, CALIFORNIA 9 0071 RICHARD CH(•NICK DAVID A. KRINSKY J• HIES R. MUTTER LEO G. ZIYFREN •RULE D. METER DOUGLAS C. NEILSSON ROBERT D. •URCN WESLEY O. NOWELL, JR. LEK S. SPENCER, JR. RIRK A, PATRICK JOHN L. ENDICOTT JACK M. HALGRCN (2 I3) Z2>a' 7000 JOHN M COCHRAN III THOMAS E. HOLLIDAY JOHN J. HANSON THOMAS •. PITCHER ALAN W. •ETTIS PETER 1, ZIEGIER J1 ROME C. BYRNE ANDREW E. •OG(N C. THOMAS LONG PAUL A. DIMITPUK GEORGE w. •ERMANT JOHN P. ANDERSON C. RANSOM SAMUELSON 11 GORDON A. SCHALLER ROBERT S. WARREN ROT J. SCHHIDT, JR. ADDITIONAL OFFICES LOCATED 1N: J. ANTHONY SINCLITICO 111 PAMELA A. RAY WILLARD 2. CARR, JR. RICHARD G. DUNCAN, JP. J. MICHAEL •R[NNAN CRAIG R. CARVER GERALD L. PARSKY JOHN A. RUSKEY CENTURY CITY, CALIFORNIA DON PARRIS RICHARD M. RUSSO IRAN! L. MALLORY FRED /.GREGORY DENVER, COLORADO MARL R. ISAACSON STEVEN C. M•CRACKEN J. ROBERT POST, JR. KENNETH W. ANDERSON NEW YORK, NEW YORK MICHAEL O. RYAN PHILLIP L. •OSL R, TMOND L. CURRAN JOHN J. SWENSON NEw•ORT •EACH, CALIFORNIA JAMES C. OPCL wAYNE A. SCHRADER DEAN C. OUNLAVEY •PUCE A. TOOK LONDON, ENGLAND FREDERICK R. WIRTZ WILLIAM F. HIGMSERGER G. EDWARD FITZGERALD STE •MEN M. BLITZ SAN DIEGO. CALIFORNIA MARTIN C. WASMTON REA S. MEINKE COT D. MILLER RALPH C. WINTROOE SAN JOSE, CALIFORNIA CANTWELL F. MVCKENFUSS 111 ROBERT W. LOEWEN OUT K. CLAIRE CHARLES K. MAROUIS RIYADH, SAUDI ARABIA SCOTT A. KRUSE ANTHONY •ONANNO 1:I•SSELL L. JOHNSON JAMES G. PHILLIPP PARIS, FRANCE WAIN[ W. SMITH PETER N.TURZA HIN SERT KRUSS •LAKE T. FRANKLIN WASHINGTON, D.C. PETER L. •AUM•USCN 1 t]NALO E. GOTMER DAVID A. CATHCART BRUCE A. TESTER I• WIN F. WOODLAND STEVEN A. M[I[RS •CTER J. THURSTON • ■•■••HN M. SHARER ARTHUR L. SHERWOOD . RICHARD P. LEVY ICS M. MURPHY JOHN C. WELLS DON HOWARTH •PIES S. RATTLES, JR. WILLIAM J. KIL•[RG April 26, 19 8 4 DENNIS A. GLADWELI OF COUNSEL PHEW E. TALLENT JAMES R, MARTIN S. DAVID ■LINN SHERMAN 5. WCL •TON, JR. SEAT T. GELMER LESTLR ZI /IREN RONALD S. ORR RICHARD M. WOLFORD ■PIES J. MEYERS RICHARD A. STRONG HENRY LESSER SHARP WHITMORE 'I. G. MOWER RICHARD D. HALL RICHARD L. OASHE /SKY WILLIAM F. SPALDING !CRT [.COOPER MICHAEL E. ALPERT JOHN T. •EHRENDT GEORGE H. WHITNEY IN F. OLSON THOMAS E. GALLAGHER M. RUSSELL KRUSE, JR. JOHN T. PIGOTT . JAS. A. GI•SON, 1.52 -1.22 W. C. DUNN, 1.61-1025 ALERT CRUTCHER, 1060-1.31 WRITER'S DIRECT DIAL NUMBER 229 -7326 OUR FILE NUMBER T Y3500 City of Downey 8425 Second Street • Downey, California 90241 Attention: Carl K. Newton, City Attorney Re: Lennie L. Whittington v. City of Downey, a Charter City; Robert G. Cormack; .James _T._ Quinn;. Randall R. Barb; William Martin; Theodore H. Jackman; Does 1 through 50, Inclusive. United States District Court Central District of California . No. 83 8076 LEW (Gx) Gentlemen: This letter is to confirm and set forth the arrangements with respect to the engagement of Gibson, Dunn & Crutcher to represent the City and its officials, Messrs. Cormack, Quinn, Barb, Martin and Jackman, in defending the above - entitled action. It is understood that the undersigned, Robert S. Warren, and Richard P. Levy will be primarily responsible for the conduct of the case, with assistance from other Gibson, Dunn & , Crutcher lawyers and support personnel as necessary. • I EXHIBIT A OF RESOLUTION NO. 4389 • • • . . . • • • City of Downey April 26, 1984 Page Two It is agreed that Gibson, Dunn & Crutcher shall bill the City on a quarterly or monthly basis, at the option of the firm, for services rendered on the basis of a reasonable fee, in accordance with the elements . listed in California Rules of Professional Conduct, 2 -107, as follows: "(1) The novelty and difficulty of the questions involved and the skill requisite to perform the legal service properly. "(2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer. "(3) The amount involved and the results obtained. "(4) The time limitations imposed by the client or by the circumstances. "(5) The nature and length of the professional relationship with the client. "(6) The experience, reputation, and ability of the lawyer or lawyers performing the services. "(7) Whether the fee is fixed or contingent. "(8) The time and labor required. "(9) The informed consent of the client to the fee agreement." However, it is understood that the primary factor involved, and the basis for the billing except in unusual and unanticipated circumstances which would first be discussed with your representative, will be the time expended by the firm's personnel; and such time will . be billed at the usual rates charged by the firm to its clients. The City shall be responsible for the prompt payment of such billings for services, together with all reasonable out -of- pocket • . City of Downey April 26, 1984 Page Three disbursements incurred by the firm on behalf of the defendants in the action. (Such as, for example, expenditures for deposition transcripts, service fees, duplicating costs, long distance telephone charges, etc.) We would appreciate confirmation by the City of this engagement with the formality necessary to validate the responsibilities of both the firm and the City and to confirm the authority of the firm to represent both the City and the identified individuals. Finally, since our firm's usual representation is of private individuals and concerns rather than public bodies, it is from time to time the case that we represent companies or individuals who have disputes with public entities or agencies. (For example, we have represented Metromedia in disputes with various governmental entities relating to newsrack ordinances.) Although we do not appear to have been involved in the representation of any parties against the City of Downey in recent times, we wish it to be clear that the firm will not be barred from any such representation in an unrelated matter, should it arise, which would not involve the risk of misuse of confidential information acquired in connection with defending this action. We are very pleased to have been given the opportunity to represent the City of Downey and its officials in defending the lawsuit and look forward to representing the interests • all concerned effectively. Ve tr Robert S. Warren RSW: js cc: Carl K. Newton, Esq. Burke, Williams & Sorensen Richard P. Levy, Esq. • • • - •