COMPLIANCE INFO_PRE 2019 - Laserfiche WebLink

Home Browse Search

i 0 1 Judgment and does not prohibit Defendant from asserting any statute of limitations or other legal or 2 equitable defenses that may be applicable to any Reserved Claims. 3 7.4 In the event litigation is filed by an entity that is not a party-to this action against 4 Defendant or any affiliates arising out of or related to a Covered Matter,Defendant may,within thirty 5 (30)days following service of such litigation,notify the People of such litigation. Upon such timely 6 notice,the People will undertake a good.faith effort to determine whether the subsequent litigation is 7 barred by the terms of this Final Judgment and the principle of res judicata. If the People determine 8 that the subsequent litigation is barred by the terms of this Final Judgment and the principle of res 9 judicata,the People may appear in person or in writing in such subsequent litigation to explain the . 10 People's view of the effect of this Final Judgment on such litigation and the People will not oppose 11 Defendant in arguing that the subsequent litigation is barred by the principle of res judicata. No 12 language in this paragraph will preclude Defendant from asserting in any subsequent litigation any 13 and all applicable legal and equitable defenses regarding compliance with any provision in this Final 14 Judgment or the laws or regulations cited in this Final Judgment or cited in the Complaint,including, 15 but not limited to,res judicata. 16 7.5 The provisions of paragraph 7.1 are effective on the date of entry of the Final 17 Judgment. The continuing effect of paragraph 7.1 is expressly conditioned on Defendant's full 18 payment of the amounts due under paragraphs 5.1,5.2 and 5.3 of this Final Judgment and compliance 19 with its injunctive terms. 20 7.6 Paragraph 7.1 does not limit the ability of the People to enforce the terms of this Final 21 Judgment. 22 7.7 Defendant covenants not to pursue any civil or administrative claims against the 23 People or against any agency of the State of California,any county in the State of California,or any 24 CUPA,Participating Agency or local agency(collectively"Agencies"),or against any of their 25 officers,employees,representatives,agents or attorneys,arising out of or related to any Covered 26 Matter;provided,however,that if any Agencies initiate claims against Defendant,Defendant reserves 27 any and all rights,claims,demands and defenses against such Agencies. 28 I1 sf-3138122 Stipulation for Entry of Final Judgment and Permanent Injunction