HomeMy WebLinkAbout23-2224RESOLUTION NO. 23-2224
A RESOLUTION OF THE CITY OF DENTON OPTING OUT OF PROPOSED CLASS
ACTION SETTLEMENT AGREEMENTS FOR THE AQUEOUS FILM-FORMING FOAM
(AFF) PRODUCT LIABILITY LITIGATION (MDL 2872); DISTRICT COURT OF THE
DISTRICT OF SOUTH CAROLrNA, MASTER DOCKET NO. 2:18-MN-2873-RMG; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton is potentially part of a class of plaintiffs included in
proposed class action settlement agreements for the Aqueous Film-Forming Foam (AFF) Product
Liability Litigation (MDL 2872); District Court of the District of South Carolina, Master Docket
No. 2:18-MN-2873-RMG (the “MDL Action”); and
WHEREAS, two settlement agreements with (i) 3M Company (“3M”) and (ii) E.I. Du Pont
de Nemours and Company (n/k/a EIDP, Inc.), DuPont de Nemours Inc., The Chemours Company,
The Chemours Company FC, LLC, and Corteva, Inc. (collectively, “DuPont”) have been reached
and are under review in the MDL Action; and
WHEREAS, City staff recommend opting out of the above referenced MDL Action
settlement agreements; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The recitals and findings contained in the preamble of this resolution are
incorporated into the body of this resolution.
SECTION 2. City Council hereby directs and delegates authority to the City Manager, or
their designee, and the City Attorney, or their designee, to take any and all actions required to opt
out of the MDL Action settlement agreements.
SECTION 3. This resolution, upon its passage and approval, shall be made effective
immediately upon its approval.
The motion tO approve this resolution was made by But Mel be r and seconded
by JM[L;the resolution was passed and approved by the
following vote IA - U
Aye
,/
/
V/
/7
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :J
Chris Watts, At Large Place 6:--/
PASSED AND APPROVED this the lq +-' day of I\)on +-\,t/, 2023
ATTEST:
JESUS SALAZAR, CITY SECRETARY
EERARD ISPEN
i'gjU%
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY