IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

TUNOKA JETT, as guardian and next friend of 

her minor son, JOHN DOE, , 

Plaintiff,

v. 

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12 CV 4263

Judge Dow

Magistrate Judge SOAT BROWN

The CITY OF CHICAGO, a municipal 

Corporation, and Chicago Police Officers

MOHAMMED ALI (#7241), MACARIO 

CHAVEZ (#9084), and MATILDE OCAMPO 

(#13474), 

Defendants. 

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AGREED MOTION TO APPROVE MINOR’S 

SETTLEMENT AND THE DISTRIBUTION OF FUNDS

Plaintiff, TUNOKA JETT, on behalf of her minor child, JOHN DOE, through one of her

attorneys, Torreya L. Hamilton, requests that Honorable Court review and approve the minor’s 

settlement and the distribution of funds in this matter. In support thereof, Plaintiff states as follows:

1. This lawsuit was filed on May 31, 2012 alleging excessive force and wrongful death claims on 

behalf of decedent, Calvin Cross, who was shot and killed by Defendant police officers on May 31, 

2011. 

2. The sole remaining Plaintiff is in this matter is TUNOKA JETT, mother and next friend of 

JOHN DOE, the minor son and only heir of decedent, Calvin Cross. 

3. JOHN DOE has a date of birth of 7/2/2011, and thus, is currently three years’ old. 

4. TUNOKA JETT is twenty-two years old, is JOHN DOE’s natural mother and legal 

guardian, and is competent to represent the best interests of her son, JOHN DOE, in this matter. 

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5. After participating in a settlement conference with this Court, during which this Court was 

advised of the proposed terms of settlement, the parties reached an agreement to settle this matter 

for TWO MILLION DOLLARS ($2,000,000.00) in a structured settlement for the benefit of JOHN 

DOE. The settlement is contingent upon approval by the Chicago City Council and will be 

presented to the council for approval in April or May. 

6. The proposed minor’s settlement distribution is as follows:

A. The City of Chicago will pay One-hundred Fifty Thousand Five Dollars ($150,000.00) to

Midland States Bank to fund the minor, JOHN DOE’s, trust. Plaintiff has agreed that Midland Trust 

(the Bank) will act as the trustee for the minor’s estate. 

B. The City of Chicago will pay Six Hundred Sixty Thousand Dollars ($660,000.00) to 

Plaintiffs’ counsel in full satisfaction of all attorneys’ fees in this matter. This amount is equal to 

thirty-three (33%) percent of the total settlement proceeds as allowed by Illinois law. 

C. The City of Chicago will pay Five Thousand Nine Hundred Fourteen and 58/100 

($5,914.58) to Plaintiff’s counsel for costs in this matter. An itemization of the costs in this matter 

will be produced for review by this Court with a courtesy copy of this motion. 

D. The City of Chicago has agreed to pay the remaining One Million One Hundred Eighty 

Four Thousand Eighty Five and 42/100 Dollars ($1,184,085.42) to fund a structured settlement for 

the benefit of JOHN DOE, to be paid to Midland States Bank, Trustee for JOHN DOE, which is 

to be distributed to the trust as follows:

$2,000.00 per month guaranteed for 19 years, beginning on 9/1/2015. 

The final guaranteed payment will be on 8/1/2034. (Age 3-22)

From age 5 through 13:

$10,000.00 guaranteed payment on 7/2/2016; $10,000.00 guaranteed payment on 1/2/2017;

$10,000.00 guaranteed payment on 7/2/2017; $10,000.00 guaranteed payment on 1/2/2018;

$10,000.00 guaranteed payment on 7/2/2018; $10,000.00 guaranteed payment on 1/2/2019;

$10,000.00 guaranteed payment on 7/2/2019; $10,000.00 guaranteed payment on 1/2/2020;

$10,000.00 guaranteed payment on 7/2/2020; $10,000.00 guaranteed payment on 1/2/2021;

$10,000.00 guaranteed payment on 7/2/2021; $10,000.00 guaranteed payment on 1/2/2022;

$10,000.00 guaranteed payment on 7/2/2022; $10,000.00 guaranteed payment on 1/2/2023;

$10,000.00 guaranteed payment on 7/2/2023; $10,000.00 guaranteed payment on 1/2/2024;

$10,000.00 guaranteed payment on 7/2/2024; $10,000.00 guaranteed payment on 1/2/2025;

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From age 14 through 17:

$15,000.00 guaranteed payment on 7/2/2025; $15,000.00 guaranteed payment on 1/2/2026;

$15,000.00 guaranteed payment on 7/2/2026; $15,000.00 guaranteed payment on 1/2/2027;

$15,000.00 guaranteed payment on 7/2/2027; $15,000.00 guaranteed payment on 1/2/2028;

$15,000.00 guaranteed payment on 7/2/2028; $15,000.00 guaranteed payment on 1/2/2029;

From age 18 through 23: 

$25,000.00 guaranteed payment on 7/2/2029; $25,000.00 guaranteed payment on 1/2/2030;

$25,000.00 guaranteed payment on 7/2/2030; $25,000.00 guaranteed payment on 1/2/2031;

$25,000.00 guaranteed payment on 7/2/2031; $25,000.00 guaranteed payment on 1/2/2032;

$25,000.00 guaranteed payment on 7/2/2032; $25,000.00 guaranteed payment on 1/2/2033;

$25,000.00 guaranteed payment on 7/2/2033; $25,000.00 guaranteed payment on 1/2/2034;

$50,000.00 guaranteed payment on 7/2/2034 (Age 23).

$5,000.00 per month for 6 years and 10 months guaranteed, beginning on 9/1/2034. 

The final guaranteed payment will be on 6/1/2041 (age 23-30).

$515,000.00 guaranteed payment on 7/2/2041 (age 30).

E. Due to the structured settlement negotiated by the parties the guaranteed payout to 

the minor, so long as the trust remains in place as structured, will be $1,981,000.00 when JOHN 

DOE reaches age 30, at which time the trust will terminate.

7. The Release and Settlement Agreement will be produced to this Court with a courtesy copy 

of this motion. 

8. A draft agreed order approving the minor’s settlement and the distribution of funds is 

attached as Exhibit A. 

WHEREFORE, the plaintiff, TUNOKA JETT, on behalf of her minor son, JOHN DOE, , 

asks that this Honorable Court approve the settlement and the distribution of funds as set forth 

above.

Respectfully Submitted,

TUNOKA JETT, on behalf of her minor son,

JOHN DOE, Plaintiff,

By: /s Torreya L. Hamilton

Attorney for Plaintiff

HAMILTON LAW OFFICE, L.L.C.

53 West Jackson Blvd., Suite 452

Case: 1:12-cv-04263 Document #: 83 Filed: 04/28/15 Page 3 of 4 PageID #:295
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Chicago, IL 60604

312.726.3173

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