Wareham Free Library et al v. Wareham, Town of et al

Filing 69

Transcript of Settlement Agreement held on August 3, 2009, before Judge Sorokin. Court Reporter: None. Transcribed by Maryann Young at 508/384-2003. The Transcript may be purchased through Maryann Young, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 10/6/2009. Redacted Transcript Deadline set for 10/16/2009. Release of Transcript Restriction set for 12/14/2009. (Scalfani, Deborah)

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS WAREHAM FREE LIBRARY, et al Plaintiffs V. . CIVIL ACTION NO. 07-11807-RGS . . BOSTON, MASSACHUSETTS . AUGUST 3, 2009 TOWN OF WAREHAM, et al . Defendants . ................. TRANSCRIPT OF SETTLEMENT AGREEMENT BEFORE THE HONORABLE LEO T. SOROKIN UNITED STATES MAGISTRATE JUDGE APPEARANCES: For the plaintiff: Philip N. Beauregard, Esq. Beauregard, Burke & Franco 32 William Street New Bedford, MA 02740 508-993-0333 [e-mail] Thomas J. Gallitano, Esq. Conn, Kavanaugh, Rosenthal, Peisch & Ford, LLP Ten Post Office Square Boston, MA 02109 617-482-8200 [e-mail] For the defendant: Peter E. Montgomery, Esq. Brody, Hardon, Perkins, & Kesten LLP One Exeter Plaza Boston, MA 02116 617-880-7100 [e-mail] Michele E. Randazzo, Esq. Kopelman & Paige, PC 101 Arch Street Boston, MA 02110-1109 617-556-0007 [e-mail]
MARYANN V. YOUNG Certified Court Transcriber Wrentham, MA 02093 [phone]

Massachusetts Interlocal Insurance Associate: Arthur E. Maravelis, Esq. Tang & Maravelis, P.C. 50 Mall Road Suite 111 Burlington, MA 01803 781-221-1400

Court Reporter: Proceedings recorded by electronic sound recording, transcript produced by transcription service.

MARYANN V. YOUNG Certified Court Transcriber Wrentham, MA 02093 [phone]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Proceedings

2 INDEX 3

MARYANN V. YOUNG Certified Court Transcriber [phone]

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3 PROCEEDINGS CASE CALLED INTO SESSION THE COURT: This is Magistrate Judge Sorokin. We've

just finished the mediation in Wareham Free Library, et al v. Town of Wareham, 07CV11807. We don't have the members of the

Board of Selectmen because one by one they had some commitments, and I let them go and the last ones left but after the issues with the town were resolved. So while the - what

I'm about to say is subject to two, the agreement I'm about to describe is subject to two caveats. The first caveat is that

on behalf of the town it has to be formally approved by the Board of Selectmen and while counsel expects ­ (inaudible #6:41:29) - with that it's not done until it's formally approved. And the second caveat is the plaintiffs requested,

and I agree it makes sense and the other parties are content with that, that till the end of close of business tomorrow to decide which of two options to accept that I'm going to describe. And plaintiffs' counsel will call, he'll call the

other counsel and let him know as to which option you've taken and, Mr. Gallitano, I'll designate you to contact me once that's done to let me know it's settled and which of the two options. The terms of the settlement are as follows. The

Library Corporation will be dissolved with the execution of the agreement if it's a global settlement and if it's a, the
MARYANN V. YOUNG Certified Court Transcriber [phone]

4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 declaratory judgment action is preserved, it'll be dissolved once the declaratory judgment action is finally resolved, but all other terms I'm about to describe will be the same either way. The Town of Wareham Library trustees will be appointed

pursuant to the town charter which everyone understands at the present moment would be by the Board of Selectmen. The monies

that are held by the present, for lack of a better term, plaintiffs, the library trustees as well as the funds that are in the foundation will remain with the foundation except that the plaintiffs will issue a check or checks in the amount of $50,000 to an account designated by the defendants to the, under the control of the library, the new library trustees appointed by the town for purposes of library trustees and the manager of the public library. The foundation will amend its bylaws to provide that all of the present money that it has after disclosing the $50,000 will be earmarked or used solely for the purposes of the public library of Wareham which is presently understood to mean the one existing library in Wareham that's a public library. If in the future the Spinney Library becomes a

library of the town of Wareham, a public library under the jurisdiction of the trustees, the town's library trustees, or any other branches ever opened at any time in the future as a library, then those funds that are earmarked for the public library of Wareham can be used for not only the named branch
MARYANN V. YOUNG Certified Court Transcriber [phone]

5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 but these other branch or branches. funds cannot be. The $75,000 with the Friends stays with the Friends. The future donations will work as follows, any donations to the foundation will be to the foundation for its use and purposes for any purpose that it wishes consistent with the intent of the donor. The, if there are donations to the Wareham Free But until such time those

Library or the Trustees of the Wareham Library or the like, whenever the will was written, those donations that are received after today I suppose will be for the Trustees of the Public Library appointed pursuant to the town charter. The Foundation, as is obvious I think, will have no formal advisory authority with respect to the library. And the

attorneys' fees of the plaintiffs will be resolved in the following fashion; either the plaintiffs will accept a $40,000 payment from the defendants toward their attorneys' fees in which case this is a global resolution of all claims of the parties or they will decline to accept any funds from the defendants in settlement of attorneys' fees, in which case this is a settlement of all claims and parties accept a third party claim against MIIA, in which case that declaratory judgment action will proceed to its normal resolution and all the rest of the case and parties with all the other claims are settled. They'll be releases and stipulations of dismissal with prejudice of all the claims and releases of all the parties
MARYANN V. YOUNG Certified Court Transcriber [phone]

6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 either globally if plaintiffs elect the global resolution or in all regards except with respect to the declaratory judgment action between those parties to the declaratory judgment action if they elect that option. And plaintiffs will, plaintiffs'

counsel will let all other counsel know as to what they're going to do by close of business tomorrow? MR. BEAUREGARD: THE COURT: Yes. Mr. Gallitano, then if you'll

All right.

then if you let me know by the next day what resolution was reached, I will then advise Judge Stearns to do one of two things. If it's a global resolution, issue a 60-day settlement

order of dismissal with respect to everything, or issue a 60day settlement order of dismissal with respect to everything other than the third party complaint against MIA. Yes? MR. BEAUREGARD: Just two quick small points. The

formal approval of the Board of Selectmen will be forthcoming I take it by the end of tomorrow? MR. MONTGOMERY: They do have a scheduled meeting I don't think it's going

tomorrow, we're going to do I best. to be a problem though. MR. BEAUREGARD: THE COURT: Okay.

That's why I said 60 days-We had all five of them here and

MR. MONTGOMERY: they're all on board.

MARYANN V. YOUNG Certified Court Transcriber [phone]

7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 live? THE COURT: Yes. Okay. So in the event either. MR. BEAUREGARD: Okay. And the second thing is when THE COURT: If some reason it took time, then and if I it unwound it would be within 60 days under the settlement. don't expect any issues, but if there are I'm happy to see everybody here. MR. MONTGOMERY: Well the expectation is that they We--

know everything and that it's not unwinding. THE COURT: Right.

MR. BEAUREGARD: THE COURT:

We're relying on the fact that this-

Yeah, no I'm not expecting it to unwind

we talked about the funds that would come into the foundation in the future, the earmark does not apply to those. THE COURT: No. The funds that come to the

foundation, the earmark applies to those funds that were done issuing as now. MR. MONTGOMERY: THE COURT: Yes.

And anything that comes into the

foundation is for whatever the foundation chooses on its own discretion or in negotiation with whoever gave the money. MR. MONTGOMERY: MR. BEAUREGARD: Exactly. Your Honor, has this been ­ are we

MR. BEAUREGARD:

MARYANN V. YOUNG Certified Court Transcriber [phone]

8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 notwithstanding all our note taking there is any-THE COURT: You can order a transcript. --disagreement we can order--

MR. BEAUREGARD: THE COURT: Yes.

MR. BEAUREGARD: THE COURT: transcript.

--a transcript of--

Call Ms. Simeone and she can get a

All right, everybody who is counsel agree that those are the terms of the settlement to the extent that it's fully executed and not to the extent it's not? MR. MONTGOMERY: THE COURT: Agreed, Your Honor.

All right. Agreed, Your Honor. Agreed, Your Honor.

MS. RANDAZZO: MR. MARAVELIS: THE COURT:

Okay. Agreed. Agreed for the Friends. All right.

MR. BEAUREGARD: MR. GALLITANO: THE COURT:

Okay.

MR. MARAVELIS:

Your Honor, just for the record can

we agree that Mr. Beauregard will either, will let me know tomorrow by the close of business. MR. BEAUREGARD: MR. MARAVELIS: MR. BEAUREGARD: MR. MARAVELIS: I will call you. Right. You can be sure. Thank you.

MARYANN V. YOUNG Certified Court Transcriber [phone]

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MARYANN V. YOUNG Certified Court Transcriber [phone]

CERTIFICATION I, Maryann V. Young, court approved transcriber, certify that the foregoing is a correct transcript from the official digital sound recording of the proceedings in the above-entitled matter.

/s/ Maryann V. Young

September 11, 2009