Title
General Mill Supply Co. v Great Lakes Water Authority and City of Detroit, WCCC No. 18-011569
Body
Agenda of: October 25, 2023
Item No.: 2023-386
Amount: $11,500,000
TO: The Honorable
Board of Directors
Great Lakes Water Authority
FROM: Suzanne R. Coffey, P.E.
Chief Executive Officer
Great Lakes Water Authority
DATE: October 23, 2023
RE: General Mill Supply Co. v Great Lakes Water Authority and City of Detroit, WCCC No. 18-011569
MOTION
Upon recommendation of William M. Wolfson, Chief Administrative and Compliance Officer/ Interim General Counsel, the Board of Directors (Board) of the Great Lakes Water Authority (GLWA), Authorizes the settlement General Mill Supply Co. v Great Lakes Water Authority and City of Detroit, WCCC No. 18-011569 in the amount of $11,500,000.00; and authorizes the CEO to take such other action as may be necessary to accomplish the intent of this vote.
BACKGROUND
General Mill Supply Co. v Great Lakes Water Authority and City of Detroit, WCCC No. 18-011569, is a class action lawsuit brought on behalf of persons or entities who/which are not Significant Industrial Users (“SIUs”) and who/which have paid or incurred the Industrial Waste Control or IWC Charges between July 18, 2013, and June 30, 2023. As a part of this litigation, the parties engaged in a mediation process that produced a proposed settlement that calls for certification of the class and establishing a settlement fund for payments to eligible class members in total amount for the class of eleven million, five hundred thousand and no/100 dollars. ($11,500,000.00).
JUSTIFICATION
The proposed settlement represents a compromise and resolution of claims by the Plaintiff class and its members.
BUDGET IMPACT
The proposed settlement amount does not impact the FY 24 budget and has been fully accrued in prior years.
COMMITTEE REVIEW
This matter was reviewed by the Legal Committee at its meeting on October 25, 2023.
SHARED SERVICES IMPACT
This item does not impact the shared services agreement between GLWA and DWSD.