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Agenda 01/14/2020 Item #16K7 (Civil Action No. 2:16-md-02687)01/14/2020 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners authorize the County Attorney to file a notice of claim to a portion of the settlement funds in the class action lawsuit styled In re: Liquid Aluminum Sulfate Antitrust Litigation, United States District Court, District of New Jersey, Civil Action No. 2:16-md-02687 (MDL 2687), against Defendants General Chemical Corporation, et al., arising from alleged violations of federal antitrust laws relating to treatment chemicals delivered to Collier County’s Public Utility Department between January 1, 1997 through February 28, 2011, as well as various other entities throughout the United States. OBJECTIVE: Recommendation that the Board of County Commissioners authorize the County Attorney to file a notice of claim to a portion of the settlement funds in the class action lawsuit styled In re: Liquid Aluminum Sulfate Antitrust Litigation, United States District Court, District of New Jersey, Civil Action No. 2:16-md-02687 (MDL 2687), against Defendants General Chemical Corporation, et al., arising from alleged violations of federal antitrust laws relating to treatment chemicals delivered to Collier County’s Public Utility Department, between January 1, 1997 through February 28, 2011, as well as various other entities throughout the United States. CONSIDERATIONS: A class action lawsuit has been filed against numerous Defendants alleging conspiracy between the Defendants to allocate territories and/or to not compete for each other’s historical business by rigging bids, allocating customers and fixing, stabilizing, and maintaining the price of Liquid Aluminum Sulfate (LAS) “Alum” sold in the United States from January 1, 1997 to at least February 28, 2011, in violation of federal antitrust laws. Collier County was informed of the class action and that it might be eligible to claim a proceed of the potential settlement funds through receipt of an email from William T. (Tim) Bivens II, Financial Investigator, Florida Attorney General's Office, Antitrust Division. After diligent research of County records, Collier County staff confirmed purchases of Liquid Aluminum Sulfate (LAS) from General Chemical Corporation in 2003 and 2005. To file a claim to a portion of the settlement funds a claim form must be received by February 15, 2020. FISCAL IMPACT: The positive fiscal impact at this time is uncertain as the recovery amount will be on a pro-rata basis. The County purchased approximately $43,000.00 of the product. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority support for approval. -KLN GROWTH IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to file a notice of claim to a portion of the settlement funds in the class action lawsuit styled In re: Liquid Aluminum Sulfate Antitrust Litigation, United States District Court, District of New Jersey, Civil Action No. 2:16-md-02687 (MDL 2687). PREPARED BY: Kevin L. Noell, Assistant County Attorney ATTACHMENT(S) 1. Executed Claim Form with Attachments (PDF) 16.K.7 Packet Pg. 1980 01/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.7 Doc ID: 11182 Item Summary: Recommendation that the Board of County Commissioners authorize the County Attorney to file a notice of claim to a portion of the settlement funds in the class action lawsuit styled In re: Liquid Aluminum Sulfate Antitrust Litigation, United States District Court, District of New Jersey, Civil Action No. 2:16-md-02687 (MDL 2687), against Defendants General Chemical Corporation, et al., arising from alleged violations of federal antitrust laws relating to treatment chemicals delivered to Collier County’s Public Utility Department between January 1, 1997 through February 28, 2011, as well as various other entities throughout the United States. Meeting Date: 01/14/2020 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 12/20/2019 4:37 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 12/20/2019 4:37 PM Approved By: Review: County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 12/23/2019 8:08 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2019 10:58 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/26/2019 7:59 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/26/2019 12:47 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/02/2020 4:00 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM 16.K.7 Packet Pg. 1981 16.K.7.a Packet Pg. 1982 Attachment: Executed Claim Form with Attachments (11182 : Authorize filing Notice of Claim In re: Liquid Aluminum Sulfate Antitrust 16.K.7.a Packet Pg. 1983 Attachment: Executed Claim Form with Attachments (11182 : Authorize filing Notice of Claim In re: Liquid Aluminum Sulfate Antitrust 16.K.7.a Packet Pg. 1984 Attachment: Executed Claim Form with Attachments (11182 : Authorize filing Notice of Claim In re: Liquid Aluminum Sulfate Antitrust 16.K.7.a Packet Pg. 1985 Attachment: Executed 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