HomeMy WebLinkAboutRESOLUTIONS - 01011968 - 1968-201 IIS THE BOARD OF SUPERVISORS
OF
CONTRA, COSTA COUNTY, STATE OF CALIFORNIA
RESOLUTION NO. 68/'2Ol
RESOLUTION AUTHORIZING THE ATTORNEY GENERAL OF CALIFORNIA
TO CONDUCT LEGAL PROCEEDINGS
WHEREAS the County of Contra Costa (called Public End User
herein) has purchased certain broad spectrum antibiotics products from
certain manufacturers thereof, either directly or indirectly; and
WHEREAS it appears that the suppliers of certain broad spec-
trum antibiotic products and ether 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
antibiotics products may have paid more for said broad spectrum anti-
biotic 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 connection with these
matters;
NOW9 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 lax, 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 :
RESOLUTION ATO. 68f 2Ol
1. Determins 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 claim 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 proceedings in any
wanner 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 procseedings, 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 request,
advance such sums and amounts for costs and expenses of carrying on
the litigation herein, other than attorneys ' fees, as may be deter-
mined to be Public End User's fair share.
BE IT FURTHER RESOLVEDs 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 RESOLVEDs that Public End User will provide to
the ,attorney general the necessary data ,identifying the transactions
RESOLUTION No. 68/241
on which the Public End User seeks to claim damages in the legal
proceedings authorised by this resolution, and that Public End User
shall provide the personnel necessary to accumulate, from the records
of publics End User the documents and ether materials necessary to
prepare and submit damage claims in these proceedings.
DATED: March 26, 1968.
Pub1 ntd Ur ab4r name d, by t
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RESOLUTION NO. 68/2011