Loading...
HomeMy WebLinkAbout68-047RESOLUTION No. 68-47 AUTHORIZING THE ATTORNEY GENERAL OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS WHEREAS , courrrY o~ strr~~ type your ega name ere (called Public End User herein) has purchased certain broad spectrum antibiotic products from certain manufacturers thereof, either directly or indirectly; and WHEREAS, it appears that the suppliers of certain broad spectrum antibiotic products and other persons have acted in violation of the antitrust laws of the United States and of the State of California, and that Public End User, in the purchase of certain broad spectrum antibiotic products may have paid more for said broad spectrum antibiotic products than would have been paid if lawful competitive conditions had prevailed; and WHEREAS, the Attorney General of California, acting in his official capacity to protect and further the legal interests of the State, its political subdivisions and agencies, has offered to act as the legal representative of Public End User in con- nection with these matters; NOW, THEREFORE, BE IT RESOLVED THAT THE ATTORNEY GENERAL OF CALIFORNIA IS HEREBY AUTHORIZED BY PUBLIC END USER, acting through its duly constituted governing body, to take any and all legal action and proceedings that he may deem appropriate to recover for Public End User such monetary damages and other compensation to which it may be entitled under applicable law, federal or state, by reason of legal injuries received in the course of purchasing said broad spectrum antibiotic products. In so acting as attorney on behalf of Public End User, the Attorney General may, among other things:. 1. Determine in his discretion what broad spectrum antibiotic product :transactions by Public-End User, if any, would be brought to suit. 2. Join all or any part of the claims of Public End User in legal proceedings with all or any part of similar claims in any manner he may deem appropriate. 3. Settle, compromise, or dismiss all or any part of any claim of Public End User involved in such proceed-, ings in any manner he may deem appropriate. ~. Distribute in such manner as may be determined or approved by the Court any money or other recoveries received from the defendants in such proceedings, whether by settlement, suit or otherwise, to the State, its political subdivisions and public agencies, including Public End User, which are parties to said proceedings, excepting the amount of attorneys' fees, costs and expenses determined or approved by the Court; and BE IT FURTHER RESOLVED, Public End User will, on re- c~uest, advance such sums and amounts for casts and expenses of carrying on the litigation herein, other than attorneys' fees, as may be determined to be Public End User's fair share. ., BE IT FURTHER RESOLVED, that such amount of attorneys' fees, costs and expenses incurred by the State in.connection with said proceedings as may be determined or approved by the Court, less amounts paid in advance by Public End User, shall be paid into the State Treasury for services rendered and costs and expenses incurred by the Office of the Attorney General, BE IT FURTHER RESOLVED, that Public End User will provide to the Attorney General the necessary data identifying the transactions on which the Public End User seeks to claim damages in the legal proceedings authorized by this resolution, and that Public End User shall provide the personnel necessary to accumulate from the records of Public End User the documents and other materials necessary to prepare and submit damage 2. claims in these proceedings. DATED: April 2, 1968 Public End User, above named, by: Chairman of the Board of'Supervisors (Signatures of members of governing board) l~L~i] T T T T /~ A TP The undersigned hereby certifies that he is the duly qualified and acting County Clerk ' Secretary, County Clerk, or other appropriate of the Public End User named above and that the attached officer and foregoing is a full, true and correct copy of a Resolution duly and regularly adopted by the Board of Supervisors Boar of Directors, Council, Boar thereof at a meeting duly o Supervisors or other governing board and regularly called, noticed and held on the 2nd day of April ~ 1968, at which a quorum was present, DATED : A ril 2 7.968 Si azure of Certi ing Officer JESSIE ROGERS, • COUNTY CLERK Title 3. THOMAS C. LYNCH STATE OF CALIFORNIA ATTORNEY GENERAL oU w.y ~ • ~~ i -•.. i~i~?!~ 18 1968 OFFICE OF THE ATTORNEY GENERAL OROVILLE, CA[_IFOFF!1i7 ~r~rttz~~tent J~~#ir~ STA7~ tlU1LbiNG, 9AN F'RAN CISGO 94702 March 15, 1968 Dear Sir: This office has previously contacted you regarding the above captioned matter. We had asked that you complete an enclosed Resolution no later than March 30 if you desired representation by this office. We have received replies from numerous entities with some indicating that they would like this office to represent them and. others indicating that they will have other representation or will not .participate in the action at a11. We do feel that there is a broad general interest in attempting to insure that all entities that may have a claim do participate in this action on some basis. If possible we would like to know whether or not each entity which has been contacted intends to participate. We would appreciate it if you would inform us if you do intend to participate either with representation by this office or by other counsel or if you are not going to participate in this action at all. We would like to have-a complete .record. of the status of the public entities involved, This record will be of substantial valve to us since this action will be filed as a class action, . We would like to call to your attention the March 30, 1968 deadline which has been set on retaining this office as counsel in the above captioned matter. While this deadline has no effect on your ability to participate in this action as a member of the class it is important to us that we know by that time which entities we will be representing, We will have to accumulate evidence for each of our clients regarding the amount of purchases of broad spectrum antibiotic products.by .. those clients. Since this will be one of the first steps taken.,. in this case it is, of course, imperative that we know who we are representing. Very truly yours, THOMAS C. I,XNCH .Attorney General, REM:DH ~ ~~r ~ ~ ROBERT E, MURPHY Deputy Attorney General.