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HomeMy WebLinkAboutRESOLUTION - 24-25 - 4/8/2025 - ANTHONY BURO SETTLEMENT AGREEMENTRESOLUTION NO. 24-25 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A SETTLEMENT AGREEMENT, GENERAL RELEASE, AND COVENANT NOT TO SUE BETWEEN ANTHONY BURO AND THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois, as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached document marked: SETTLEMENT AGREEMENT, GENERAL RELEASE, AND COVENANT NOT TO SUE in the matter of Anthony Buro a Elk Grove Village, a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES:6 NAYS: 0 ABSENT: 0 PASSED this 81h day of April 2025. APPROVED this 8th day of April 2025. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Lorrie Murphy, Village Clerk SETTLEMENT AGREEMENT, GENERAL RELEASE, AND COVENANT NOT TO SUE LESLIE SHANKLE ("PLAINTIFF"), the VILLAGE OF ELK GROVE, and ELK GROVE VILLAGE POLICE OFFICER DEFENDANTS JOHN K. WILLIAMS AND EFREN PELAYO ("The Village and Defendant Officers"), voluntarily agree to completely settle and resolve all claims PLAINTIFF may have against the Village and the Defendant Officers as of the time PLAINTIFF executes this Settlement Agreement, General Release, and Covenant Not to Sue ("Agreement"), in accordance with the terms of this Agreement, including, but not limited to, all issues related to or arising out of the allegations set forth in PLAINTIFF's Lawsuit (defined below), as follows: RECITALS WHEREAS, PLAINTIFF filed a lawsuit against the Defendant Officers, entitled "LESLIE SHANKLE, Plaintiff, v. JOHN K WILLMMS (IND CAP), EFREN PELAYO (IND CAP), Defendants," Case No. 23-CV-4000, currently pending in the Northern District of Illinois, regarding alleged injuries and damages stemming from allegations of civil rights violations under 42 U.S.C. Section 1983 relating to Plaintiff's arrest on May 18, 2023 in Elk Grove Village (hereafter "the Lawsuit"); and WHEREAS, the Defendant Officers filed an answer and affirmative defenses denying all material allegations of the Lawsuit and deny and continue to deny that they engaged in any wrongful or improper conduct and further deny that they are liable to PLAINTIFF on any grounds; and WHEREAS, PLAINTIFF, the Village, and the Defendant Officers (collectively referred to as the "Parties") have determined that it is in their respective best interests to resolve the disputes between them to avoid future controversy, costs, legal fees, inconvenience, and any future litigation regarding these matters; and NOW, THEREFORE, for and in consideration for the provisions, covenants, and mutual promises contained herein, and of other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, the Parties agree as follows: 1. Recitals. The Recitals set forth above shall be incorporated and made a part of the covenants of this Agreement. 2. Released Parties. For the purposes of this Agreement, the term "Released Parties" includes: Elk Grove Village, Elk Grove Village Police Officers John K. Willaims and Efren Pelayo, the Elk Grove Village Police Department and all its current and former officers, and the Elk Grove Village's current, former, and future elected officials, trustees, commissioners, officers, members, attorneys, counselors, representatives, administrators, affiliates, fiduciaries, insurers, employees, and agents, including any affiliated or related entities or persons, including partners or joint ventures, and third -party beneficiaries, and all of their predecessors, successors, heirs, and assigns. Page 1 of 6 3. Settlement Terms. In full satisfaction of all claims that PLAINTIFF has or may have against the Village and Defendant officers and the RELEASED PARTIES, the Parties hereby agree to the following terms of settlement: a. Elk Grove Village agrees to pay the total sum of Twenty -Five Thousand and 00/100 USD ($25,000.00) to PLAINTIFF, provided the Village has received this Agreement signed and duly executed by PLAINTIFF. Payment shall be made by the Village via two (2) separate checks to be issued per Plaintiff counsel's direction as set forth below; 1) One check made payable to "Leslie Shankle" in the amount of $16,032.00 dollars; 2) One check made payable to "the Law Office of Christopher Cooper, Inc." in the amount of $8,968.00 dollars. b. PLAINTIFF agrees to take the necessary steps to have the Lawsuit dismissed with prejudice, against Elk Grove Village and the Individual Defendant Officers Williams and Pelayo upon receipt of the settlement payment referenced in paragraph 3a above. C. PLAINTIFF, the Village, and Defendant Officers agree to maintain all information exchanged during the course of litigation, including all documentation and electronic media produced in discovery and all deposition transcripts as confidential pursuant to the terms of the previously entered protective order. d. PLAINTIFF further represents and warrants that no lawsuit, charge, claim, or other complaint remains pending with any local, state, or federal court or administrative agency, other than the Lawsuit, against the Village or the Defendant Officers and the Released Parties. In the event the Released Parties receive notice that any local, state, or federal court or administrative agency has a lawsuit, claim, charge, or other complaint pending against the Village or Defendant Officers or the Released Parties by PLAINTIFF, then PLAINTIFF agrees to execute and submit such documentation as may be necessary to have such lawsuit, charge, claim, or other complaint dismissed with prejudice at no cost to the Village, Defendant Officers, or the Released Parties. 4. Attorney Fees and Expenses. Except for the payment specified in Paragraph 3(a), each Party to the Lawsuit is responsible for the payment of his, her, or its own attorneys' fees, costs, disbursements, expenses, or any other monies expended in connection with this matter. 5. Release and Covenant Not to Sue. a. To the greatest extent permitted by law, PLAINTIFF, for herself and her attorneys, insurers, successors, predecessors, heirs, beneficiaries, and assigns, agrees to release and forever discharge the Released Parties from and regarding all personal injury claims they have or might have as of the time of the execution of this Agreement, whether known or unknown, related to, or arising out of, the allegations Page 2 of 6 in the Lawsuit. By way of explanation, but not limiting its completeness, PLAINTIFF hereby fully, finally, and unconditionally releases, compromises, waives, and forever discharges the Released Parties from and for any and all personal injury claims, liabilities, suits, discrimination, or other charges, personal injuries, demands, debts, liens, personal injury damages, costs, grievances, injuries, actions, or rights of action, known or unknown, liquidated or unliquidated, absolute or contingent, in law or in equity, which were, was, or could have been filed with any federal, state, local, or private court, agency, arbitrator, or any other entity, based upon PLAINTIFF's allegations in the Lawsuit, and any alleged act or omission to act by the Released Parties, related to the allegations contained in the Lawsuit, accruing prior to the execution, by PLAINTIFF, of this Agreement. b. This Agreement includes and extinguishes all claims that PLAINTIFF has or may have for equitable and legal relief, damages, and attorneys' fees and costs based upon PLAINTIFF's allegations in the Lawsuit. Moreover, PLAINTIFF specifically intends and agrees that this Agreement fully contemplates claims for attorneys' fees and costs, and hereby waives, compromises, releases, and discharges all such claims or liens. Moreover, PLAINTIFF specifically intends and agrees that this Agreement fully contemplates claims for all medical or related service liens and costs, if any, and hereby waives, compromises, releases, and discharges all such claims or liens which in any fashion could attach to the Released Parties. C. Nothing in this Agreement restricts the right held by PLAINTIFF, the Village, the Defendant Officers, or the Released Parties to enforce this Agreement. 6. No Assignment. PLAINTIFF expressly represents and promises that she has not assigned or transferred, or purported to assign or transfer, and will not assign or otherwise transfer: a) any claims, or portions of claims, against the Village, Defendant Officers or the Released Parties; b) any rights that she may have had to assert claims on her behalf or on behalf of others against the Village, Defendant officers or the Released Parties; and c) any right she has or may have to the money to be paid to PLAINTIFF and PLAINTIFF's COUNSEL pursuant to this Agreement. 7. Resolution of Claims and Liens. PLAINTIFF agrees that this Agreement, including the payment of monies, resolves the Lawsuit which PLAINTIFF filed against the Defendants. The Parties agree that the sum paid pursuant to this Agreement specifically includes payment for any and all liens or claims, by whomsoever made, including for or on account of medical bills incurred, deductibles, any subrogee, doctors, including hospitals, medical services, U.S. government claims or liens, including all workers' compensation liens, Medicare liens, Medicaid liens, Medicare Secondary Payer Recovery Contractor (MSPRC) liens, Illinois Department of Public Aid liens, attorney's liens, including but not limited to liens from the Law Office of Christopher Cooper, Inc. (and its predecessor and successor firm(s), if any), and the County of Cook and any of its agencies, subsidiaries, and departments. 8. Neutral Construction. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the Parties, regardless of the drafter of the Agreement. Further, gender -specific language is to be Page 3 of 6 interpreted in its most reasonable fashion for the Agreement; section or paragraph titles are irrelevant to interpretation of this Agreement; and use of capitalization is irrelevant to interpretation of this Agreement. 9. Complete Agreement. This Agreement sets forth all the terms and conditions of the agreement and understanding between the Parties concerning the subject matter hereof and any prior oral communications are superseded by the Agreement. The Parties understand and agree that all the terms and promises of the Agreement are contractual and not a mere recital. 10. Effect on Previous Agreements. The Agreement supersedes all prior agreements, understandings, and communications between the Parties. 11. Amendment. The Agreement may be amended only by a written document signed by PLAINTIFF and the DEFENDANTS and the Released Parties. 12. Severability. If any of the provisions of the Agreement are found by a judicial or other tribunal to be unenforceable, the remaining provisions of the Agreement will remain enforceable. 13. No Admission of Liability. This Agreement is being entered into solely for the purpose of settling the disputed claims of the Lawsuit and shall not be construed as an admission by the Village or the DEFENDANTS or the Released Parties of any (i) liability of or wrongdoing to PLAINTIFF, (ii) breach of any agreement or contract by the Village, DEFENDANTS or the Released Parties, (iii) duty of the Village or DEFENDANTS or the Released Parties to indemnify or defend any Party within the scope of this Agreement. The Village, DEFENDANTS and the Released Parties specifically deny any liability or wrongdoing, and PLAINTIFF agrees that she will not state, suggest, or imply the contrary to anyone either directly or indirectly, whether through counsel or otherwise. 14. RIGHT TO COUNSEL. PLAINTIFF ACKNOWLEDGES THAT SHE WAS INFORMED THAT HE HAS THE RIGHT TO CONSULT WITH AN ATTORNEY BEFORE SIGNING THIS AGREEMENT AND THAT THIS PARAGRAPH SHALL CONSTITUTE WRITTEN NOTICE OF THE RIGHT TO BE ADVISED BY LEGAL COUNSEL. ADDITIONALLY, PLAINTIFF ACKNOWLEDGES THAT SHE HAS BEEN ADVISED BY COMPETENT LEGAL COUNSEL IN CONNECTION WITH THE REVIEW AND EXECUTION OF THIS AGREEMENT AND THAT SHE HAS HAD AN OPPORTUNITY TO AND DID NEGOTIATE OVER THE TERMS OF THIS AGREEMENT. 15. Acknowledgement of Contents and Effect. PLAINTIFF declares that she and her attorney and authorized agents (if any) have completely read this Agreement and acknowledge that it is written in a manner calculated to be understood by PLAINTIFF. PLAINTIFF fully understands its terms and contents, including the rights and obligations hereunder, and PLAINTIFF freely, voluntarily, and without coercion enters into this Agreement. Further, PLAINTIFF agrees and acknowledges that he has had the full opportunity to investigate all matters pertaining to his claims connected to the Lawsuit, and that the waiver and release of all rights or claims he may have under any local, state, or federal law is knowing and voluntary. Page 4 of 6 16. Counterparts/Authority. This Agreement may be executed in Counterparts, each of which shall be an original and all of which together shall constitute one and the same document. The signatories below to the Agreement expressly state and affirm that they have the actual authority to execute this Agreement on behalf of each Party. 17. Choice of Law. The Parties agree that this Agreement shall be deemed to have been executed and delivered within the State of Illinois and shall in all respects be governed, interpreted, and enforced in accordance with the laws of the State of Illinois exclusive of its conflicts of laws provisions. REMAINDER OF THE PAGE INTENTIONALL Y LEFT BLANK SIGNATURE PAGE FOLLOWS Page 5 of 6 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THE DAY AND YEAR AS INDICATED BELOW. ANTHONY BURO By: ANTHONY URO, individually Date: March /7, 2025 Approved as to form and substance: for ?I intif nv Buro ELK GKOVE VI AGE, an Iyrinois ipal corps LqW AIIAAV�L uT�r�