RESOLUTION NO. R2026.52 (FIRE APPARATUS MDL) 5 14 26.DOCX

1
Resolution No. R2026.52
RESOLUTION NO. R2026.52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY 
OF TEMPE, ARIZONA, AUTHORIZING THE CITY OF 
TEMPE’S 
PARTICIPATION 
IN 
FIRE 
APPARATUS 
ANTITRUST 
MULTI-DISTRICT 
LITIGATION, 
THE 
RETENTION OF LEGAL REPRESENTATION FOR THE 
SAME, AND THE FILING OF A COMPLAINT.
WHEREAS, consolidation and other allegedly anticompetitive and unlawful conduct in the 
fire apparatus manufacturing industry has enabled certain manufacturers, some backed by private 
equity, to obtain market dominance and use that dominance to overcharge cities and counties for 
firetrucks, restrict output, and impose unprecedented delays on the delivery of these critical, 
lifesaving apparatuses; and,
WHEREAS, the City of Tempe has felt the effects of this consolidation in the form of 
higher prices, delivery delays, and other worsening terms; and,
WHEREAS, the City wishes to pursue legal action for claims related to damages, 
compensation, and other relief against certain manufacturers of fire apparatuses and their private 
equity backers, and specifically to file a complaint in the U.S. District Court for the District of 
Arizona, alleging violations of federal and Arizona state antitrust laws, which the City anticipates 
will be consolidated into the Fire Apparatus Antitrust Multi-district Litigation (MDL) currently 
known as In Re: Fire Apparatus Antitrust Litigation, U.S. District Court for the Eastern District of 
Wisconsin, Case No. 26-md-3179; and,
WHEREAS, the City Council desires to establish its intent and authorization approving of 
all the aforementioned; and,
WHEREAS, this Resolution and its actions are for the benefit of persons living, working, 
or visiting in the City of Tempe;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 
TEMPE, ARIZONA, HEREBY:
1.
Authorizing the City Attorney or designee to commence and pursue such legal 
actions as may be appropriate in order to pursue remedies available to the City of 
Tempe resulting from the activities set forth above and to execute other documents 
and take such other actions as necessary to carry out the intent of this Resolution, 
including the City’s filing of an antitrust complaint against certain firetruck 
manufacturers and their private equity backers, for damages and other monetary 
and non-monetary relief, under federal and Arizona state antitrust law;

2
Resolution No. R2026.52
2.
Authorizing the City entering into a legal services contract for purposes of 
representing the City in the litigation with any and/or all of the following firms: 
Simonsen Sussman LLP; Baron & Budd, P.C.; and Law Office of Joseph C. Tann, 
PLLC.
3.
Authorizing any and/or all the aforementioned nunc pro tunc or retroactively to 
May 6, 2026.
4.
If any section, subsection, sentence, clause, phrase, or portion of this Resolution 
adopted herein is for any reason held to be invalid or unconstitutional by the 
decision of any court of competent jurisdiction, such decision shall not affect the 
validity of the remaining portions thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE, 
ARIZONA, this 14th day of May, 2026
Corey D. Woods, Mayor
ATTEST:
                                      
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
                                      
Eric C. Anderson, City Attorney