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Approved Consent Decree
- This is an agreement by the Federal Deposit Insurance Corporation (FDIC) and class agents Chris Conanan. Marvin Gordon and Willitta Gordon Hawkins (Class Agents) to participate in mediation concerning the class action titled Conanan v. FDIC, FDIC No. 93-74 (the "Conanan class action”). The FDIC and the Class
Agents are collectively referred to herein as the “Parties.” The Parties, their counsel and their representatives understand that mediation is a voluntary process that may be terminated at any time.
- In order to promote communication among the Parties, representatives, counsel
and the mediator, and to facilitate settlement of the dispute, each of the
undersigned agrees that all statements made during the course of the mediation
are privileged settlement discussions, are made without prejudice to any party’s
legal position, shall not be construed as an admission against interest, and are
inadmissible for any purpose in any legal proceeding. Any information disclosed
by a party, or by a representative of a party, or by counsel of a party, or by an
expert or witness on behalf of a party, is confidential. This confidentiality
extends to and includes any statements made or documents prepared by any party,
representative, counsel, expert or witness, or the mediator. The disclosure of any
information in connection with the mediation shall not constitute a waiver of any
privilege, and the undersigned agree that no such waiver will be claimed or
argued with respect to any such information. The undersigned agree that they will
not voluntarily disclose any confidential information, or seek the disclosure of
confidential information in any subsequent or collateral proceeding, or any third-party
proceeding, including any labor-management proceeding. The mediation is
a compromise negotiation for purposes of the Federal Rules of Evidence. This
Agreement to Mediate incorporates by reference the confidentiality provisions of
the Administrative Dispute Resolution Act of 1996, 5 USC, section 574, and its
terms shall bind the Parties, except where inconsistent with the terms of this
Agreement.
- Any information that has been or will be provided by the Parties, representatives,
counsel, witnesses and/or by experts, in the course of any settlement discussions
(as well as the settlement discussions themselves) shall be maintained as
confidential by the Parties and their agents, and shall not be used for any purpose
whatsoever other than for confidential evaluation and discussion of settlement of
the Conanan class action. This Agreement shall not restrict Class Agents’ counsel
from disclosing these settlement discussions in confidence to those class members
who have a legitimate need to know, and shall not restrict the FDIC’s counsel
from disclosing such discussions and information in confidence to those in
management who have a legitimate need to know.
- Any expert or consultant who provides written or oral information or analyses in
the course of any settlement discussions shall not be questioned about any such
information or analyses in any litigation proceeding, and shall not be precluded
from testifying as an expert in any litigation proceeding because of his/her
participation in any settlement discussion.
- The provision of any information by the Parties, and/or by experts or consultants
retained by them, in the course of any settlement discussions shall in no way
prejudice any party’s rights to seek or object to separate discovery of the
underlying facts, or expert opinions and interpretations of the underlying facts, in
any litigation or administrative proceeding in accordance with applicable
discovery rules.
- The Parties agree to make no attempt to compel the mediator’s testimony or to
compel the mediator to produce any documents created by the mediator or
provided by the other party to the mediator. In no event will the mediator
voluntarily disclose confidential information provided during the course of
mediation, testify on behalf of either party, or submit any type of report to any
court or administrative tribunal in connection with the Conanan class action
without the consent of both Parties. The mediator may find it helpful to meet with
each party separately. In that event, the mediator will not reveal what is said by
one participant to other(s) without permission. Any party, participant, counsel,
representative or the mediator shall, within five (5) days of receiving a request for
confidential information, notify the other party, or, in the case of the mediator,
both parties, of the existence and terms of such request. If a response to such
request is due within ten (10) days or less, such notice shall be given within
twenty-four (24) hours after service of such request.
Notice to the Class Agents should be sent to:
Avis Buchanan. Esq.
Washington Lawyers’ Committee for Civil Rights
and Urban Affairs
11 Dupont Circle, Suite 400
Washington, DC 20036
Phone: (202) 319-1000
Notice to FDIC should be sent to:
Thomas J. Sarisky, Esq.
Federal Deposit Insurance Corporation
550 17th Street, N.W.
Room H-5008
Washington, DC 20429
Phone: (202) 736-0133
- During the course of the mediation process, the mediator, Parties, counsel,
representatives, and any experts or witnesses will not discuss any matter relating
to the mediation with the public, the news media, or the press except by express
written permission of all Parties, counsel and the mediator.
- The Parties, and if they desire, their counsel, are invited to attend mediation
sessions. No one else may attend mediation sessions without the permission of
the Parties and the consent of the mediator.
- The Parties shall not be bound by anything said or done at the mediation unless a
written settlement is reached and executed by all necessary parties, participants
and representatives with applicable authority. If a settlement is reached, the
agreement shall be reduced to writing, and, when signed and approved by the
appropriate authorities for all the Parties and participants, shall be legally binding
on all signatories to the Agreement.
- The Parties agree that the mediator has the discretion to terminate mediation at
any time if the mediator believes that the case is inappropriate for mediation or
that an impasse between the Parties has been reached.
- This Agreement to Mediate shall survive the termination of the mediation and
shall remain in force and effect with regard to the Parties, participants, counsel,
representatives, experts, witnesses and the mediator, whose signatures appear
below.
- Each of the Parties, counsel, representatives, the mediator and experts, witnesses
or participants whose signatures appear below, acknowledges that he/she has read,
understood, and agreed to abide by the terms of this Agreement.
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 Date:
Chris Conanan
Class Agent
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Date:
D. Michael Collins
FDIC Representative
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Date:
Leonard Glenn
Class Representative
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Date:
Michael J. Zamorski
FDIC Representative
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Date:
Willitta Gordon Hawkins
Class Agent
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Date:
Thomas J. Sarisky
Counsel for FDIC
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Date:
Joseph M. Sellers
Counsel for Class Agents
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Date:
Cathy A. Costantino
Counsel for FDIC
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Date:
Avis E. Buchanan
Counsel for Class Agents
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Date:
Lisa M. Villarreal
Counsel for FDIC
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Date:
Suzette M. Malveaux
Counsel for Class Agents
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Date:
Anthony E. Pagano, III
Counsel for FDIC
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Date:
Linda Singer
Mediator
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