HomeMy WebLinkAboutMINUTES - 04212015 - C.05RECOMMENDATION(S):
1. APPROVE and AUTHORIZE the County’s participation in the settlement of State of California et al., ex rel.
Estate of Sherwin v. Office Depot, Inc., Los Angeles County Superior Court Case No. BC410135.
2. DIRECT that settlement funds in the amount of $116,004.14 paid to the County be deposited in the following
General Purpose Revenue Account, as recommended by the County Administrator: Org 0005, Acct. 9175 (Misc.
Forfeits and Penalties).
FISCAL IMPACT:
The County will be paid $116,004.14 in settlement funds.
BACKGROUND:
The lawsuit captioned State of California et al., ex rel. Estate of Sherwin v. Office Depot, Inc., Los Angeles County
Superior Court Case No. BC410135, was filed under the California False Claims Act following a whistleblower
complaint against Office Depot. The plaintiff and several intervenor public agencies allege that Office Depot engaged
in unlawful practices that resulted in cities, counties, and special districts being overcharged for office supplies
between 2005 and 2010. The County was named as a plaintiff in the lawsuit because it was among the cities,
counties, and special districts that were allegedly overcharged by Office Depot.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/21/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Stephen M. Siptroth, Deputy
County Counsel, 335-1817
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: April 21, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Stephen M. Siptroth
C. 5
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:April 21, 2015
Contra
Costa
County
Subject:Settlement of State of California et al., ex rel. Estate of Sherwin v. Office Depot, Inc., Los Angeles County Superior
Court Case No. BC410135.
BACKGROUND: (CONT'D)
On February 11, 2015, the Superior Court issued the following orders: an order approving the dismissal of the lawsuit
with prejudice pursuant to a settlement agreement reached by the parties; an order approving Office Depot’s payment
of approximately $68.5 million as part of the settlement and the allocation of settlement; and an order approving an
award of a portion (38%) of the settlement funds to the relator, the Estate of David Sherwin. That amount paid by
Office Depot, minus the relator’s share, will be allocated among the cities, counties, and special districts on whose
behalf the lawsuit was brought. The County will be paid a net amount of $116,004.14.
If there are no appeals of the Court’s orders by April 29, 2015, the orders will be final. The orders will be binding
upon the County, unless the County appeals the orders. The Board of Supervisors may decide to appeal the Court’s
orders. But an appeal of the orders could be costly and may not result in the County being awarded any more than it
has been awarded in the orders.
For these reasons, it is recommended that the Board of Supervisors authorize the County’s participation in the
settlement of this lawsuit.
CONSEQUENCE OF NEGATIVE ACTION:
The County would not participate in the settlement.