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HomeMy WebLinkAboutResolution - 2010-R0279 - Legal Representation To Former Employee Lee Ann Dumbauld - 06/18/2010Resolution No. 2010-R0279 June 18, 2010 Item No. 2.2 RESOLUTION WHEREAS, ICON Benefit Administrators II, L.P. ("ICON") and American dministrative Group, Inc. ("AAG") filed suit against David Miller, Lee Ann Dumbauld, Scott nider, and Leisa Hutcheson (the "Defendants") in ICON Benefit Administrators 11, L.P. and meri"" Administrative Group, Inc. v. Joella Mullin, Stanley Self, Andrea Davenport, Lee Ann Dumbauld, Scott Snider, Leisa Hutcheson, and Unknown Others, Cause No. CC -08-01067-13, in the County Court at Law No. 2, Dallas County, Texas; and WHEREAS, at the time the suit was filed, David Miller was mayor of the City of Lubbock, and Lee Ann Dumbauld, Scott Snider, and Leisa Hutcheson were, collectively, employees of the City of Lubbock; and WHEREAS, the City of Lubbock provided legal representation to the Defendants; and WHEREAS, the Defendants filed counterclaims against ICON and AAG, including claims for attorney fees to defend against the lawsuit, and further have sought to perform an audit of the activities of ICON and AAG; and WHEREAS, in May of 2010, ICON and AAG nonsuited their cases against the Defendants, and have petitioned the court to grant a motion for summary judgment against the l]efendants' counterclaims; and WHEREAS, the City of Lubbock finds that it would be a benefit to the public to pursue �ts subrogation interests in the case, including attorney fees expended in the defense of the Oefendants; and WHEREAS, the City of Lubbock also finds that it would be a benefit to the public to pursue the completion of the audit of ICON and AAG that was begun by the Defendants. 6W THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: �1 THAT the City of Lubbock shall provide legal representation to Lee Ann Dumbauld. employee of the City of Lubbock, for the purposes of prosecuting her counterclaims and other applicable causes of action against ICON Benefit Administrators II, L.P. and American Administrative Group, Inc., including the City's subrogation interests in connection with ICON Benefit Administrators II, L.P. and American Administrative Group, Inc. v. Joella Mullin, ,Stanley Self, Andrea Davenport, Lee Ann Dumbauld, Scott Snider, Leisa Hutcheson, and Unknown Others, Cause No. CC -08-01067-13, in the County Court at Law No. 2. Dallas County, Texas. Passed by the City Council this 18th day of June 2010. Tom Martin, Mayor ATTEST: Rebe a Garza, City Secretary Q� APPROVED AS TO FORM AND CONTENT: Sam Medina, City A ey &AAG-Dallas-I res 6 15 10