Item Coversheet

CITY OF HOUSTON - CITY COUNCIL

Meeting Date: 12/15/2015
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Item Creation Date: 12/10/2015

LGL - Agreement - COH and Rogers, Morris & Grover

Agenda Item#: 43.


 
                               
Summary:

ORDINANCE approving and authorizing Professional Services Agreement between the City of Houston Texas and ROGERS, MORRIS & GROVER, L.L.P. for Professional Services associated in litigation styled John Paul Castorena v. Zamora and the City of Houston, in the United States District Court Southern District of Texas; C.A. 4:14-CV-00495

Background:

Rogers, Morris & Grover, L.L.P. shall provide legal services related to a federal civil rights lawsuit entitled John Paul Castorena v. Christopher Zamora and the City of Houston, U.S.D.C. Southern District of Texas; C.A. 4:14-cv-00495.  This lawsuit arises from the arrest of Plaintiff, John Castorena on or about April 29, 2013, after allegations that Mr. Castorena pointed a pistol at, and threatened to shoot, Officer Zamora.  Subsequently SWAT arrived at Mr. Castorena’s home, and ultimately breached Mr. Castorena’s front door to affect his arrest.

 

Due to the complexity of the Litigation and nature of the claims raised by Plaintiffs in the Litigation, as well as, the Firm’s familiarity with the facts of the case and concerns regarding continuity of service in the on-going litigation, the City elects to utilize the “Firm” as outside Counsel in the Litigation.  Legal services requested by the City Attorney include; review of the documents related to Litigation, including pleadings, discovery, motions, correspondence, and other documents. Conduct necessary and reasonable pre-trial discovery; preparation and attendance at hearings and trial. The Firm is representing Sgt. Zamora, who has been sued individually, to avoid any potential conflict of interest since he is also a plaintiff in a federal lawsuit against the City of Houston entitled Christopher M. Zamora v. City of Houston, U.S.D.C. Southern District of Texas; C.A. 4:07-cv-4510.

 

Rogers, Morris, & Grover, L.L.P. demonstrated the most experience in Civil Rights related litigation.  For example:

Cause No. 2014-02383; Bryon Thomas vs. Houston Organization of Public Employees, et. al.; In the 281st District Court of Harris, County Texas.

 

The law firm represents governmental entities______________See Attached________________________

 

Hourly rates are consistent with the City’s attorney’s maximum fee schedule for outside counsel. 

 

The Legal Department requests authorization of a proposed fee of $80,000.00.  The district court has granted motions for summary judgment in favor of both Houston and Sgt. Zamora, individually.  The requested amount is intended to pay for services of the Firm in excess of the current Purchase Order, and in anticipation of an appeal of the Court’s Judgment.
Prior Council Action:
N/A
Amount of Funding:
Dept. 9000; Fund 1004
Contact Information:

Donna Edmundson, City Attorney

 

Van Gardner, Sr. Assistant City Attorney (832) 393-6457