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HomeMy WebLinkAbout69-038i ~'. ~ RESOLUTION ~ (^ 3 :,AUTHORIZING THE ATTORl~'EY GENERAL OF CALIFORNIA TO CONDUCT LEGAL PROCEE-INGS WHEREAS, the COUNTY OF BUTTE 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 WfiEREAS, the Attorney General of California, acting in .his official capacity to protect and further the legal interests - -----_ of the State, its political stabdivisions 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 Iaw, . federal or state, by reason of legal in,~uries received in the course of purchasing said broad spectrum antibiotic products., _` Tn so acting as attorney on behalf of Public End User, the Attorney General may, among other things:. 1. Determines in his discretion what broad spectrum antibiotic product transactions by Public End User, if ~ l _ 1 lip • 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. 4. 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- - quest, advance such sums and amounts for costs 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 tb.e 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 ~ * ~ wr 2. r CERTIFICATE The undersigned hereby certifies that he is the duly qualified and acting Count clerk Secretary, County Clerk, or other appropriate F of the Public End User named above and that the attached of icer and foregoing is a full, true and correct copy of a Resolution duly .~ and regularly adopted by 'the soazd of Supervisors . Boar of Directors, Council, Boar thereof~at a meeting duly o Supervisors or other governing boar { and regularly called, noticed and held on the 25th day of February ~ 196, at which a quorum was present, DATED; February 25,19b9 i 3.