ORDINANCE NO. 260838
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Sponsor: Director of Law Department
Approving the settlement of the City’s affirmative claims against Hyundai Motor America, Inc. and Kia America, Inc. in the litigation styled City of Kansas City v. Hyundai Motor America, Inc., et al., Case No. 4:23-CV-00399-HFS (W.D. Mo.), consolidated in In re: Kia Hyundai Vehicle Theft Marketing, Sales Practices, and Products Liability Litigation, Case No. 8:22-ML-3052-JVS-(KESx) (C.D. Cal.); authorizing the City Attorney to execute a Settlement and Release Agreement on behalf of the City; and providing that the settlement terms remain confidential until the agreement is fully executed by all parties; and directing the City Manager to deposit settlement proceeds to the Violence Prevention Fund.
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WHEREAS, the City of Kansas City is a plaintiff in the litigation styled City of Kansas City v. Hyundai Motor America, Inc., et al., Case No. 4:23-CV-00399-HFS (W.D. Mo.), which has been transferred and consolidated with related actions brought by other governmental entities in In re: Kia Hyundai Vehicle Theft Marketing, Sales Practices, and Products Liability Litigation, Case No. 8:22-ML-3052-JVS-(KESx), in the United States District Court for the Central District of California (the Litigation); and
WHEREAS, in the Litigation the City asserts affirmative claims against Hyundai Motor America, Inc. and Kia America, Inc. (the Defendants) arising from the alleged distribution and sale of vehicles unreasonably susceptible to theft, and the recovery sought by the City is a matter in which the City is concerned as a creditor rather than a payment owed by the City; and
WHEREAS, the City and the Defendants, together with the other governmental-entity plaintiffs, have negotiated a proposed nationwide Settlement and Release Agreement (the “Settlement Agreement”) that would resolve the Litigation and provide for a monetary recovery to the City; and
WHEREAS, the existence of the proposed settlement is a ma...
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