HomeMy WebLinkAbout6661 RESOLUTION NO . 6 ,661
A RESOLUTION AUTHORIZING THE CITY ATTORNEY
TO ENTER INTO AN AGREEMENT IN THE CASE OF
WILD CINEMAS , ET AL. V. MUNSON, ET AL. ,
U. S .D. C. Case # LR-C-77-228 ; AND FOR OTHER
PURPOSES .
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS :
Section 1 . The City Attorney is hereby authorized to
enter into an agreement as shown on the attached Exhibit A in
the case of Wild Cinemas v. Munson, U. S .D. C. Case No . LR-C-77-228.
Section 2 . This Resolution shall be in full force and
effect from and after its adoption and approval .
ADOPTED : September 1 , 1981
ATTEST:
(i
APPROVED: i
City
e Acting Mayor
LAW OFFICES
BROWN, WESTON 8 SARNO
JOHN H.WESTON SUITE 900 MAILING ADDRESS
DAVID M.BROWN 433 NORTH CAMDEN DRIVE POST OFFICE BOX 4055
ROBERT A.SARNO
G.RANDALL GARROU
BEVERLY HILLS, CALIFORNIA 90210 BEVERLY HILLS,CALIFORNIA 90211
ROBERT A.D.PIANO (213) 550-7460 • (213) 272 4221
HOUSTON OFFICE
HOUSTON OFFICE August 3 1981
g 7 SUITE 1500
CLYDE F.DEWITT,III C.E.LUM NUS TOWER
3000 SOUTH POST OAK
HOUSTON,TEXAS 77056
(713) 871-0707
Dennis Molock, Esq. Larry Vaught, Esq.
Deputy Attorney General Deputy Prosecuting Attorney
Justice Building P .O. Box 1979
Little Rock, Arkansas 72201 Little Rock, Arkansas 72203
Lester McKinley, Esq.
Assistant City Attorney
City Hall
Little Rock, Arkansas 72203
Re : WILD CINEMAS v. MUNSON
U .S .D.C. No. LR C 77 228
Gentlemen:
I write to memorialize the agreement we have reached in connec-
tion with our attempt to settle the attorneys ' fees portion of the
above-captioned matter.
We have agreed that my clients , Wild Cinemas , Inc. and R.P .P.
S . , Inc. , prevailing plaintiffs in the above-captioned matter, will
agree to compromise their claim for attorneys ' fees and costs against
the defendants therein for certain considerations to be extended by
the said defendants:
1. A sum of money to be paid plaintiffs by defendants, based
on reimbursement for all costs expended and an agreed sum for
attorneys ' fees;
2. The agreement of the Prosecuting Attorney for the Sixth
Judicial District and the Little Rock Police Department not to enforce
the new Arkansas obscenity laws (Acts 870 and 887) against plaintiffs,
their officers, agents and employees, until challenges to the validity
of the said Acts have been finally determined [through any initial
appeal on the merits] in litigation to be soon initiated by plain-
tiffs. The said litigation will proceed upon stipulated facts and the
agreement of all parties therein not to interpose procedural or
jurisdictional roadblocks to a speedy judicial decision on the merits.
The Prosecuting Attorney for the Sixth Judicial District and the
Little Rock Police Department agree to be bound by any final judgments
or interim orders regarding the enforcement of the said statutes is-
sued against the named defendant or defendants. If necessary, the
Attorney General and/or any other defendant will as part of this
settlement agree to the entry of any interim restraining orders which
are deemed necessary and/or appropriate.
• • LAW OFFICES
, BROWN, WESTON 8 SARNO
Messrs. Molock, Vaught and McKinley
August 3 , 1981
Page Two
Plaintiffs, only in connection with the anticipated declaratory
litigation, will agree to waive attorneys ' fees (although not costs)
in conjunction with the said litigation through judgments in the
trial court or courts. Plaintiffs shall be entitled to seek attor-
neys ' fees and costs for any appellate litigation, either as appel-
lants or appellees, which may follow the judgment of the trial
court (s) . Plaintiffs will seek to cooperate in any expediting
expedited appeals) pro-
cedures (including P ppeals) which are compatible with
quality legal representation of their clients .
I am commencing work on the declaratory litigation and will
finalize it upon being advised as to whether the Prosecuting Attorney
and the Little Rock Police Department will agree to be bound as
aforesaid.
If this letter accurately sets forth your understanding of the
agreement which we have reached with respect to the prospective
litigation involving enforcement of Acts 870 and 887, please acknow-
ledge your agreement where appropriate. Please be assured that this
document, consistent with our previous settlement discussions, shall
remain confidential and its contents treated as privileged.
Very truly yours,
BROWN, WESTON & SARNO
By //, /47(
AG2�EED D CONF JOHN H. WESTON
DE is MOLOCK,--'Dep4 torney General
LARRY D. VAUGHT, Deputy Prosecuting
Attorney
LESTER McKINLEY, Assistant City Attorney •
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