1 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

HASKELL G. GREER, et al., 

 

 Case No. 15-12444 

 Plaintiffs, HON. JUDITH E. LEVY 

 v Mag. Judge Elizabeth A. Stafford 

 

CITY OF HIGHLAND PARK, et al., 

 

 Defendants. 

SEIKALY, STEWART & BENNETT, P.C.

Jeffrey T. Stewart (P24138) 

30445 Northwestern Highway, Suite 250 

Farmington Hills, MI 48334 

(248) 785-0102 

jts@sslawpc.com 

 

ELIZABETH A. DOWNEY, P.C. 

Elizabeth A. Downey (P37036) 

30445 Northwestern Highway, Suite 250 

Farmington Hills, MI 48334 

(248) 539-7407 

attylizdowney@aol.com 

Attorneys for Plaintiffs 

 JAMES W. MCGINNIS, P.C. 

 James W. McGinnis (P29323) 

 985 E. Jefferson Ave., Ste. 100 

 Detroit, MI 48207 

 (313) 446-9582 

 Counsel for Defendants 

 

 

 

 

_____________________________________________________________ 

MOTION TO ENFORCE SETTLEMENT AND TO ASSESS COSTS 

 NOW COME plaintiffs, by their attorneys and move for an order enforcing 

the settlement that was placed on the record on August 29, 2018, and assessing 

costs against the defendants for refusing to go forward with the settlement 

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.988 Filed 10/30/18 Page 1 of 38
2 

agreement in the absence of any good faith excuse. In addition, plaintiffs request 

approval of the proposed settlement agreement attached as Exhibit 1, an order for 

defendants to execute it, and an order to either immediately produce the overdue 

first payment or pay 6% interest on the overdue payment. In support of the 

motion, plaintiffs state as follows: 

1. This is an action claiming violation of the plaintiffs' civil rights 

by the defendants with related claims also included. 

2. At a Court-ordered settlement conference on August 29, 2018, 

the parties reached an agreement by which the defendants would be required to pay 

$110,000 in three installment payments. The payments were to be made on 

October 15, 2018 and February 15 and May 15, 2019. 

3. Defendants’ counsel agreed to produce a first draft of the 

settlement agreement. To date, no draft has been received. When Plaintiffs’ 

counsel asked why, he was advised that Defendants’ counsel believed that he was 

not authorized to agree to part of the settlement that reserved the right to collect the 

settlement sums from the individual Defendants or reinstate the case against them 

if the City failed to make the payments. The October 15 deadline has passed 

without the City making the first installment payment. 

4. The settlement proceeds were to be paid entirely by the City of 

Highland Park. But because the City had consistently pled poverty and threatened 

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.989 Filed 10/30/18 Page 2 of 38
3 

to go bankrupt as a way of avoiding liability on the claim, Plaintiffs were 

concerned about releasing the individual Defendants until all payments due from 

the City had been paid. 

5. Consequently, plaintiffs specifically reserved the right in the 

settlement that was placed on the record to reinstate the claim against all of the 

Defendants, including the individuals, if the City of Highland Park failed to make 

all payments due under the agreement. 

6. There was extensive discussion of this issue on the record, as 

reflected in the transcript of the hearing, which is attached hereto as Exhibit 2. 

Pertinent portions are highlighted. 

7. The transcript makes it crystal clear that the individuals would 

not be released and that the entire case could be reinstated, for the purpose of 

enforcing the settlement against all Defendants, jointly and severally, if there was a 

default in the payment of the settlement proceeds. 

8. The settlement was subject to Highland Park City Council 

approval, but it was represented to the Court that Ms. Kathy Square was in Court 

with authority to speak for the City Council1

. To the best of Plaintiffs' knowledge, 

the Council did approve the City's participation in settlement. 

 

1

 15 MR. McGINNIS: Your Honor, I have with me today Miss 

 16 Kathy Square who's the City Administrator for the City of 

 17 Highland Park and she has authority to enter into a Settlement 

 18 Agreement. 

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9. After agreeing to the settlement on behalf of all Defendants, 

counsel for Defendants has now informed counsel for Plaintiffs that he had no 

authority when the settlement was placed on the record to state that the individuals 

would be subject to reinstated claims in the event of default by the City. 

10. No such lack of authority was expressed at the time that the 

settlement was placed on the record, nor did the City reserve the right to 

disapprove the settlement on the basis of the rights of the individuals, as 

distinguished from the rights of the City itself. Moreover, a high-ranking official 

from the City, Ms. Kathy Square, was present and participated in settlement 

negotiations with the Court. At no time was there any qualification on the 

proposed settlement having to do with a requirement that the individuals be 

released prior to the time that the last settlement payment was made. 

11. Prior to filing this motion, it is been served on the Defendants, 

along with Exhibits 1 (a draft settlement agreement) and 2 (showing that Plaintiffs' 

characterization of the settlement as placed on the record is accurate). That 

notwithstanding, concurrence in the motion has been refused 

WHEREFORE, plaintiffs request the following relief: 

a. that the Court find that the settlement agreement placed 

on the record expressly allowed Plaintiffs to reinstate all claims against all 

 

(Ex. 2, Transcript, p 3)

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.991 Filed 10/30/18 Page 4 of 38
5 

defendants, including individual Defendants, in the event that the City failed to pay 

the settlement amount as specified; 

b. that the Court further find that counsel for the Defendants 

never reserved the right to revoke the agreement or refuse to go forward with it on 

the basis that he lacked authority to bind the individuals; 

c. that the Court approve Exhibit 1 as the correct and 

accurate written form of the agreement put on the record and order Defendants to 

promptly execute it; 

d. that the Court order the City to immediately issue and 

forward to Plaintiffs' counsel a check for the first installment payment or pay 6% 

interest; 

e. that the Court enforce the agreement between the parties 

and assess costs and attorney fees against the Defendants for requiring that this 

motion be filed. 

SEIKALY STEWART & BENNETT, P.C. 

Attorneys for plaintiffs 

By: /s/ Jeffrey T. Stewart 

JEFFREY T. STEWART (P24138) 

30445 Northwestern Highway, Ste. 250 

Farmington Hills, MI 48334 

(248) 785-0102 

Dated: October 30, 2018

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.992 Filed 10/30/18 Page 5 of 38
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

HASKELL G. GREER, et al., 

 

 Case No. 15-12444 

 Plaintiffs, HON. JUDITH E. LEVY 

 v Mag. Judge Elizabeth A. Stafford 

 

CITY OF HIGHLAND PARK, et al., 

 

 Defendants. 

SEIKALY, STEWART & BENNETT, P.C.

Jeffrey T. Stewart (P24138) 

30445 Northwestern Highway, Suite 250 

Farmington Hills, MI 48334 

(248) 785-0102 

jts@sslawpc.com 

 

ELIZABETH A. DOWNEY, P.C. 

Elizabeth A. Downey (P37036) 

30445 Northwestern Highway, Suite 250 

Farmington Hills, MI 48334 

(248) 539-7407 

attylizdowney@aol.com 

Attorneys for Plaintiffs 

 JAMES W. MCGINNIS, P.C. 

 James W. McGinnis (P29323) 

 985 E. Jefferson Ave., Ste. 100 

 Detroit, MI 48207 

 (313) 446-9582 

 

 Counsel for Defendants 

 

 

 

 

_____________________________________________________________ 

BRIEF IN SUPPORT OF PLAINTIFFS’ 

MOTION TO ENFORCE SETTLEMENT AND TO ASSESS COSTS 

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.993 Filed 10/30/18 Page 6 of 38
I. TABLE OF CONTENTS 

II. Questions Presented ....................................................... ii 

III. Index of Authorities ....................................................... iii 

IV. Facts ........................................................................ 1 

V. Argument ................................................................... 1 

 A. Standards for Decision .................................... 1 

 B. The Unambiguous Terms Should be Enforced ........ 1

 C. Enforcement Powers ...................................... 3 

 D. 

VI. Conclusion ................................................................. 4 

 

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.994 Filed 10/30/18 Page 7 of 38
ii 

II. QUESTIONS PRESENTED 

1. Should the Court enforce the settlement on the terms set forth on the record? 

 Plaintiffs say “yes” 

 Defendants say “no” 

 Authority: RE/Max Intern., Inc. v. Realty one, Inc., 271 F.3d 633 (6th Cir. 

2001) 

2. Is lack of actual authority a proper reason to refuse to perform a settlement 

or 

to decline to enforce a settlement on the terms set forth on the record? 

 Plaintiffs say “no” 

 Defendants say “yes” 

 Authority: Capital Dredge & Dock Corp. v. City of Detroit, 800 F.2d 525 

(6th Cir. 1986). 

3. Should the Court award costs and attorney fees as well as enforce the 

agreement? 

Plaintiffs say “yes” 

 Defendants say “no” 

 Authority: Jaynes v. Austin, 20 Fed.Appx. 421, 426-427 (6th Cir. 2001). 

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.995 Filed 10/30/18 Page 8 of 38
iii 

III. INDEX OF AUTHORITIES 

Cases Page 

Capital Dredge & Dock Corp. v. City of Detroit, 

800 F.2d 525 (6th Cir. 1986).................................................... 2 

Jaynes v. Austin, 20 Fed.Appx. 421 (6th Cir. 2001).......................... 3, 4 

RE/Max Intern., Inc. v. Realty one, Inc., 271 F.3d 633 (6th Cir. 2001)..... 1 

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.996 Filed 10/30/18 Page 9 of 38
1 

IV. FACTS 

The facts are simple: the parties reached a settlement, which was put on the 

record. The record shows that Defendants’ counsel was to draft the agreement 

memorializing the settlement. He has not done so, claiming that he has discovered 

that he had no authority from the individual Defendants to agree to one of the 

terms of the settlement. Moreover, the settlement put on the record required the 

City to pay the first installment by October 15. It has failed to do so. 

 Plaintiffs ask the Court to enforce the settlement put on the record. 

V. ARGUMENT 

 A. Standards for Decision 

 The Court has inherent authority (and jurisdiction) to enforce a settlement 

put on the record. RE/Max Intern., Inc. v. Realty one, Inc., 271 F.3d 633, 641 (6th

Cir. 2001). Indeed: 

Summary enforcement of a settlement agreement for which there is no 

dispute as to the terms of the agreement is the only appropriate 

judicial response, absent proof of fraud or duress. 

Id. at 650. If the terms are unambiguous, no hearing is required. Id. at 646. 

B. The Unambiguous Terms Should be Enforced 

 The Court and the parties were careful to make the record clear as to the 

terms. Exhibit 2 is not ambiguous. Nor is there any proof of fraud or duress. 

Thus, the terms should be enforced. 

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.997 Filed 10/30/18 Page 10 of 38
2 

 It appears that Defendants’ only reason for refusing to perform the 

agreement is that they believe the attorney agreed to a specific condition without 

authority from the individual Defendants. This, however, is not a recognized 

reason to refuse to enforce a settlement put on the record: 

Generally, when a client hires an attorney and holds him out as 

counsel representing him in a matter, the client clothes the attorney 

with apparent authority to settle claims connected with the 

matter. See Terrain Enterprises, Inc. v. Western Casualty & Surety 

Co., 774 F.2d 1320 (5th Cir.1985); Bergstrom v. Sears, Roebuck & 

Co., 532 F.Supp. 923 (D.Minn.1982); Walker v. Stephens, 3 Ark.App. 

205, 626 S.W.2d 200 (1981); Hutzler v. Hertz Corp., 39 N.Y.2d 209, 

383 N.Y.S.2d 266, 347 N.E.2d 627 (1976); cf. Sustrik v. Jones & 

Laughlin Steel Corp., 189 Pa.Super. 47, 149 A.2d 498 (1959); Rader 

v. Campbell, 134 W.Va. 485, 61 S.E.2d 228 (1949). But see Blanton 

v. Womancare, Inc., 38 Cal.3d 396, 696 P.2d 645, 212 Cal.Rptr. 151 

(1985). Thus, a third party who reaches a settlement agreement with 

an attorney employed to represent his client in regard to the settled 

claim is generally entitled to enforcement of the settlement agreement 

even if the attorney was acting contrary to the client's express 

instructions. In such a situation, the client's remedy is to sue his 

attorney for professional malpractice. The third party may rely on the 

attorney's apparent authority unless he has reason to believe that the 

attorney has no authority to negotiate a settlement. 

Capital Dredge & Dock Corp. v. City of Detroit, 800 F.2d 525, 530–31 (6th Cir. 

1986). There is no legal excuse for failure to perform as promised. This is 

particularly true with regard to the City, which has not claimed any disapproval of 

the conditions but has still failed to make the required payment. 

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.998 Filed 10/30/18 Page 11 of 38
3 

 C. Enforcement Powers 

 In order to enforce the settlement, Plaintiffs ask the Court to declare that 

Exhibit 1 fairly memorializes the agreement put on the record, and order 

Defendants to sign it. The Sixth Circuit has declared that it is within the power of 

the District Court to order a party to sign a settlement agreement. Jaynes v. Austin, 

20 Fed.Appx. 421, 426-427 (6th Cir. 2001). 

 Next, Plaintiffs ask the Court to require the City (which has no objection to 

the settlement) to immediately remit the overdue installment to Plaintiffs’ counsel 

or pay 6% interest. Without the threat of interest, the City apparently will not 

comply with its obligation. 

 Next, the Plaintiffs request costs and attorney fees for having to file this 

motion and brief. According to the Sixth Circuit, the District Court has the power 

to order costs and attorney fees against a party for bad faith or oppressive litigation 

practices. Jaynes, supra at 427. In Jaynes, supra, the Sixth Circuit approved the 

award of costs and attorney fees against a party who proffered the settlement sum, 

but with an extra term put into the written agreement. The District Court refused 

to allow the existing oral agreement to be changed unilaterally, and awarded costs 

and attorney fees against the party who tried to change the agreement. According 

to the Sixth Circuit: 

Although the district court did not use the phrase “3illfully abuse the 

judicial process,” it did conclude that Defendant attempted to 

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.999 Filed 10/30/18 Page 12 of 38
4 

“obstruct” and “delay” resolution of the action. We find that to be a 

sufficient discretionary finding of bad faith to justify an award of 

attorney fees. 

Jaynes, supra at 427. Here, the Defendants have refused to produce the written 

agreement and refused to make the first payment by deadline because they want a 

term deleted – a term that specifically addresses the very failure to make payment 

that has occurred. Under Jaynes, supra, this constitutes bad faith or oppressive 

litigation tactics. Because of these tactics, plaintiffs have had to pay for a 

transcript of the settlement, and research and produce a motion and brief. 

Plaintiffs and their counsel should be compensated for this unnecessary expense 

and work. 

VI. CONCLUSION 

 Plaintiffs’ fears have come to pass: despite a settlement put on the record, 

the Defendants continue to dodge and delay. Plaintiffs respectfully request the 

Court to put a firm stop to the gamesmanship by holding the Defendants to their 

agreement and imposing penalties for the dodging and delaying. 

SEIKALY STEWART & BENNETT, P.C. 

Attorneys for plaintiffs 

By: /s/ Jeffrey T. Stewart 

JEFFREY T. STEWART (P24138) 

30445 Northwestern Highway, Ste. 250 

Farmington Hills, MI 48334 

(248) 785-0102 

Dated: October 30, 2018 

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.1000 Filed 10/30/18 Page 13 of 38
5 

Certificate of Service 

 

 Diane Wos hereby certifies that on October 30, 2018 she served the 

foregoing notice on all counsel of record by filing same in the Court’s ECF system 

which will automatically serve all counsel of record. 

 /s/Diane Wos 

 Diane Wos 

gref105.docx 

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.1001 Filed 10/30/18 Page 14 of 38
EXHIBIT 1
(

y

) 

y 

Highland Park, Chief Keven Coney, Sergeant Ronald Dupuis II, William Melendez, Brian Shafer,Eric Taylor, Charles Gardner, Jeremiah Hall, James McMahon, Hollis Smith, Allison Askia,

Christopher Zeullig, Tyrell White, and Heather Holcomb (collectively, "the Defendants").

IT IS AGREED:1. The City of Highland Park will pay the Plaintiffs a total of $110,000.00 (One

Hundred and Ten Thousand and No/100 Dollars). These sums shall be paid in two equal

installments of $36,666.67 due on October 15, 2018 and February 15, 2019. The thirdinstallment of $36,666.66 shall be due on May 15, 2019. All sums shall be remitted to theoffices of Seikaly, Stewart & Bennett, P.C. by the due date.

2. In the event that any installment is not paid by its due date. Plaintiffs have the

option of seeking enforcement by the Court according to the terms of this agreement, orreinstating the case to enter a judgment. In doing so, Plaintiffs may seek collection from any or

all of the Defendants as joint and several tortfeasors. All sums collected shall not exceed$110,000.00 (One Hundred and Ten Thousand and No/100 Dollars), plus any interest, costs, orattorney fees ordered by the Court. If the Plaintiffs elect reinstatement of the case, the parties

agree to waive any statutes of limitation, which they agree to consider tolled while thisagreement is in effect.

3. When all payments have been made. Plaintiffs agree to enter a dismissal with

prejudice and without costs.

4. This agreement may not be modified except in a writing signed by both sides.

5. This agreement shall be interpreted under Michigan law.

For the Greer Plaintiffs Date

Alexander Lawrence Date

For Defendants Date
EXHIBIT 2
 1

HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 UNITED STATES DISTRICT COURT

 2 FOR THE EASTERN DISTRICT OF MICHIGAN

 3 SOUTHERN DIVISION

 4

 5 HASKELL G. GREER, KIM R. GREER 

ASHLEY GREER, CATERA B. GREER, 

 6 KAILAA GREER, and ALEXANDER J. 

LAWRENCE, 

 7

 Plaintiffs, Case No. 15-12444

 8

 -vs- Detroit, Michigan

 9

10 CITY OF HIGHLAND PARK, a Municipal 

Corporation, HIGHLAND PARK POLICE 

11 DEPARTMENT, CHIEF KEVIN CONEY, 

SERGEANT RONALD DUPUIS II, 

12 WILLIAM MELENDEZ, BRIAN SHAFER, 

ERIC TAYLOR, CHARLES GARDNER, 

13 JEREMIAH HALL, JAMES MCMAHON, 

HOLLIS SMITH, ALLISON ASKIA, 

14 CHRISTOPHER ZEULLIG, TYRELL WHITE, 

and HEATHER HOLCOMBE, August 29, 2018

15

 Defendants. 

16 _______________________________/

17

TRANSCRIPT OF SETTLEMENT CONFERENCE HEARING

18

BEFORE THE HONORABLE ELIZABETH A. STAFFORD

19

UNITED STATES DISTRICT COURT MAGISTRATE JUDGE

20

21

APPEARANCES:

22

23 For the Plaintiffs: Jeffrey T. Stewart 

Seikaly Stewart & Bennett P.C. 

24 30445 Northwestern Highway, Suite 250 

Farmington Hills, MI 48334 

25

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.1005 Filed 10/30/18 Page 18 of 38
 2

HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 APPEARANCES CONTINUED: 

 2

 3 For the Defendants: James W. McGinnis 

985 E. Jefferson Avenue, Suite 100 

 4 Detroit, MI 48207 

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23 TRANSCRIPT PRODUCED FROM DIGITAL VOICE RECORDING

TRANSCRIBER NOT PRESENT AT LIVE PROCEEDINGS

24

25

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.1006 Filed 10/30/18 Page 19 of 38
 3

HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 Detroit, Michigan

 2 Wednesday, August 29, 2018

 3 (At about 12:57 p.m.) 

 4 - - - -

 5 (Call to Order of the Court)

 6 THE CLERK OF THE COURT: The Court calls case number 

 7 15-12444, Haskell G. Greer, et al versus City of Highland Park, 

 8 et al. Counsel, please state your appearances.

 9 MR. STEWART: Good afternoon, Your Honor. Jeffrey 

10 Stewart appearing on behalf of Plaintiffs.

11 MR. McGINNIS: May it please the Court. James 

12 McGinnis appearing on behalf of Defendants.

13 THE COURT: Good afternoon. Mr. McGinnis, who is here 

14 with you today?

15 MR. McGINNIS: Your Honor, I have with me today Miss 

16 Kathy Square who's the City Administrator for the City of 

17 Highland Park and she has authority to enter into a Settlement 

18 Agreement.

19 THE COURT: Thank you. Mr. Stewart, who is with you 

20 today?

21 MR. STEWART: With me today is Mr. Haskell Greer.

22 THE COURT: Speak into the microphone please because 

23 this is being recorded.

24 MR. STEWART: Mr. Haskell Greer is here on behalf of 

25 everyone on the Plaintiff's side of the caption with the 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.1007 Filed 10/30/18 Page 20 of 38
 4

HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 exception of Alexander Lawrence who is here personally for his 

 2 own interests. However, the Agreement that we have been 

 3 discussing has included both of them, so it's inclusive of all 

 4 Plaintiffs.

 5 THE COURT: And Mr. Greer has settlement authority on 

 6 behalf of the other Plaintiffs other than Mr. Lawrence?

 7 MR. STEWART: He does, Your Honor. That would 

 8 include the minor child with the caveat that I expressed to the 

 9 Court off the record and that is that any minor settlement must 

10 ultimately have Court approval. But as far as it goes, he has 

11 authority as Kailaa's father to make the overall deal and what 

12 we will need Court approval on will be allocation from the 

13 total net proceeds to the minor.

14 THE COURT: Okay. The parties have been involved in 

15 settlement discussions since about 10 a.m. this morning with 

16 the assistance of the Court, is that true?

17 MR. STEWART: It is, Your Honor.

18 THE COURT: Have the parties arrived at a settlement?

19 MR. STEWART: We believe we have, Your Honor. 

20 THE COURT: Who will placing the settlement, the terms 

21 of the settlement on the record? 

22 MR. STEWART: Mr. McGinnis will do that. 

23 MR. McGINNIS: Again, Your Honor, James McGinnis on 

24 behalf of the Defendants. We've negotiated a settlement with 

25 the Plaintiffs. The terms of the settlement are as follows: 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.1008 Filed 10/30/18 Page 21 of 38
 5

HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 The lump sum or the total sum --excuse me -- is $110,000. 

 2 That sum will be paid over three installments. The installment 

 3 dates, due dates are October the 15th, 2018, February 15th of 

 4 2019 and May the 15th of 2019.

 5 As the Court is well aware that this settlement is entered 

 6 into on behalf of the City of Highland Park, a municipality and 

 7 only the City Council can bind the municipality to a contract, 

 8 so that this Settlement is subject to Council approval. Miss 

 9 Kathy Square is with me today. She has authorized me on behalf 

10 of the City to enter into this Agreement. It's our 

11 understanding that the Council will meet some time in September 

12 and we would then get word of whether or not they have approved 

13 the Settlement. 

14 We will enter into a Release and Settlement Agreement with 

15 the Plaintiff which will incorporate the terms of the 

16 settlement as put on the record. 

17 The matter will be dismissed pursuant to the Settlement 

18 Agreement, with the Plaintiff having the right to come back 

19 before the Court and reopen the case should the -- there be a 

20 breach of the Agreement, and the Court would reserve the right 

21 to enforce the terms of the Agreement. 

22 THE COURT: Mr. Stewart, are those the terms that you 

23 understand?

24 MR. STEWART: As far as they go, yes, Your Honor. 

25 I'm not in disagreement with anything that Mr. McGinnis has 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.1009 Filed 10/30/18 Page 22 of 38
 6

HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 said, but I would like to add some clarification on a couple of 

 2 points.

 3 THE COURT: Okay. 

 4 MR. STEWART: One is that in the event of a breach, 

 5 the understanding is that the Plaintiff would have the option 

 6 of simply enforcing the Agreement according to its terms or 

 7 reinstating the case with Statutes of Limitations have been 

 8 tolled in the interim. The Release Agreement would have to be 

 9 subject within its own terms; that's saying that if there's a 

10 breach, then the parties agree to set aside the Release and 

11 allow the case to be reinstated in its entirety. The overall 

12 objective of this is to provide protection to the individual 

13 Defendants by having them included in the settlement and the 

14 release, but also preserve the Plaintiffs' rights against all 

15 Defendants in the event the City was unable or unwilling to 

16 live up to its obligations. 

17 The other clarification I would add is that -- and as the 

18 Court knows, the minor child has to have Court approval of the 

19 amount of money that goes to that child. We are unclear in our 

20 own minds because this is a Federal Court matter, not a State 

21 Court matter, I don't know whether we will seek approval from 

22 this Court for that or whether we'll seek it from the Oakland 

23 County Probate Court, but we will need approval from someone 

24 for the amount of the money that is going to be allocated to 

25 the child. That in turn will require a conservatorship. We 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.1010 Filed 10/30/18 Page 23 of 38
 7

HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 are not trying to make this Settlement conditioned on any of 

 2 that. That will all happen some way or the other. So we are 

 3 entering into the settlement in good faith today, but I 

 4 indicate to the Court that the minor's portion will be subject 

 5 to Court approval.

 6 THE COURT: Thank you. Mr. McGinnis.

 7 MR. McGINNIS: In my mind that presents somewhat of a 

 8 problem, Your Honor, because if Highland Park were to approve 

 9 this Settlement and pay out -- make two payments and default on 

10 the third payment, then Plaintiff would have the option of 

11 keeping the two payments, reopening the case and suing the 

12 present Defendants and it's unclear to me should that occur 

13 what would happen to the two payments already made, which is 

14 why I believe that the Court would reserve the power to enforce 

15 the terms of the Settlement and require Highland Park to make 

16 the third payment as opposed to giving Plaintiff another bite 

17 at the apple in terms of using the money that Highland Park has 

18 paid to pursue a Judgment against it, so -- 

19 THE COURT: I will say, Mr. McGinnis, this is a new 

20 interpretation of our discussion that I didn't anticipate. 

21 What I understood was that the dismissal -- that the parties 

22 would enter into dismissal, but if Highland Park did not 

23 fulfill its obligations under the Agreement, that the 

24 Plaintiffs would retain the right to reopen the case and 

25 frankly, it's not something -- you're talking about a partial 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

Case 5:15-cv-12444-JEL-EAS ECF No. 71, PageID.1011 Filed 10/30/18 Page 24 of 38
 8

HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 payment has been made. I also heard Mr. Stewart say that the 

 2 options would be whether to enforce -- seek enforcement of the 

 3 settlement amount or to reopen the case. If it's a matter of 

 4 forcing Highland Park to pay the balance --

 5 MR. McGINNIS: (Interjecting) We have no problem --

 6 THE COURT: (Interjecting) I think that's something 

 7 that -- I think the usual terminology is that the Court retains 

 8 jurisdiction to enforce the Judgment. I think, Mr. Stewart, 

 9 that that is what you were saying.

10 MR. STEWART: Well, Your Honor, if the Court recalls 

11 what we were concerned about is this, and I'm not suggesting 

12 that anybody in this room is not acting in good faith. I'm 

13 sure that when Mr. McGinnis says here is what he intend to do 

14 and Miss Square is there and ready to agree to that, that's 

15 what they believe and I'm not challenging that. Circumstances 

16 can change. 

17 Let's suppose for a moment that before the final payment 

18 was made, that the City of Highland Park was perhaps forced 

19 into bankruptcy without its (Inaudible) or did use (Inaudible). 

20 I don't know that this Court would have the power to disregard 

21 that bankruptcy and make the City make that final payment. I 

22 think jurisdiction would be in the Bankruptcy Court at that 

23 point and there wouldn't be a thing anybody could do about it. 

24 What we could do under what I thought was the arrangement 

25 that the Court discussed with us was have the option of saying 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

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HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 fine, then we will reopen the case because the individuals will 

 2 otherwise have gotten an unconditional release today and our 

 3 best case is against the individuals -- we're giving that up.

 4 THE COURT: Mr. Stewart, if that happened wouldn't 

 5 the litigation go before the Bankruptcy Court anyway?

 6 MR. STEWART: Not as to the individuals. Oh, no. 

 7 THE COURT: I think so. You're saying as to the 

 8 individual Defendants, individual officers.

 9 MR. STEWART: Correct. So if what Mr. McGinnis is 

10 saying is that just for making the -- 

11 THE COURT: (Interjecting) So you think that they 

12 would sever the case? Because I mean Highland Park is a party. 

13 So to the extent that Highland Park is a party, you think that 

14 the litigation against Highland Park would go to bankruptcy, 

15 but the litigation against individual officers would stay in 

16 this court?

17 MR. STEWART: It might, and the worst thing that could 

18 happen is that somebody could say, Mr. Stewart, take your 

19 choice. If you're going -- (Tape blank) Try to have your cake 

20 and eat it to and have your claim against the City and against 

21 the individuals, then you're going to do it in one court. 

22 Maybe it's going to be bankruptcy; maybe it's going to be here. 

23 At least then we have the option of saying fine, Highland Park 

24 is in bankruptcy, we have gotten a couple of payments from 

25 them, we'll dismiss them and just go to trial against the 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

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HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 individuals. But what I worry about is that I think that Mr. 

 2 McGinnis is saying that just by making a promise today without 

 3 dime one being paid, just by making the promise he's buying an 

 4 unconditional irrevocable release --

 5 THE COURT: (Interjecting) That is absolutely not 

 6 what he said and I asked him about that and he said that was 

 7 not his intention. His intention was that if Highland Park 

 8 does not fulfill its end of the bargain, then the case would be 

 9 able to be reopened against all of the Defendants. 

10 What I'm hearing the new wrinkle is if Highland Park has 

11 made two payments but not a third, then what happens? That's 

12 what I'm hearing. But I specifically asked Mr. McGinnis 

13 whether he was saying by entering into this Agreement this was 

14 a release of all of the officers and that if they didn't pay, 

15 that there would be no recourse against the officers, and Mr. 

16 McGinnis said to me no, his understanding would be that the 

17 case would be allowed to be reopened period against all of the 

18 Defendants. Mr. McGinnis, is that accurate? 

19 MR. McGINNIS: I thought, Your Honor, that if there 

20 are two payments made -- 

21 THE COURT: (Interjecting) I'm not talking -- now like 

22 I said, this is a new wrinkle. I'm just trying to -- we had a 

23 discussion about if Highland Park did not pay whether entering 

24 into this Agreement would release the officers, and you said 

25 no, that's not what you intended.

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

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HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 MR. McGINNIS: No.

 2 THE COURT: If the case is reopened, it would be 

 3 reopened against all the Defendants. Is that accurate?

 4 MR. McGINNIS: That is correct, but reopened to 

 5 enforce the settlement, not carte blanche to pursue all claims 

 6 against all individuals. That we have a Settlement Agreement 

 7 of $110,000. If they're paid 70 or $80,000, then their 

 8 collection against the City or against the officers, et cetera 

 9 would only be for that third amount that everybody -- all of 

10 the Defendants would get credit for the two payments made and 

11 the recovery would be the settlement amount. What I hear Mr. 

12 Stewart saying is that it is reopened and -- 

13 THE COURT: (Interjecting) Okay, let me ask you this. 

14 If, if -- under the terms of the Settlement if Mr. Stewart has 

15 to reopen the case to enforce the Settlement, is it your 

16 position that he could only enforce that against the City of 

17 Highland Park or he could enforce it against any Defendant?

18 MR. McGINNIS: It's a global Settlement, so I presume 

19 -- 

20 THE COURT: (Interjecting) Is what --

21 MR. McGINNIS: -- It would be against all of the 

22 Defendants.

23 THE COURT: So -- okay. That's what I'm trying to 

24 figure out.

25 MR. McGINNIS: Yes.

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

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HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 THE COURT: Mr. Stewart, do you understand that? So 

 2 if the case has to be reopened to enforce the Settlement, then 

 3 you could enforce the Settlement against the individual 

 4 officers as well as the City of Highland Park.

 5 MR. STEWART: That had not been my thought, but I 

 6 think that that's something that I'll just need a split second 

 7 to get my clients to agree to. Let me make sure I understand 

 8 what this would be. Ultimately what we're agreeing to is the 

 9 equivalent of a joint and several settlement in Judgment. We 

10 won't enter it as a Judgment because we'll enter it as a 

11 settlement, right? But if we have to reinstate the case, then 

12 my understanding is we would then be entitled to enter a 

13 Judgment for the balance remaining, giving full credit for 

14 payments that have already been received, but we can enforce 

15 that Judgment against any and all Defendants jointly and 

16 severally. That I can recommend to Mr. Greer.

17 THE COURT: Really to be honest with you, I mean 

18 that's a typical settlement. So you can certainly talk to Mr. 

19 Greer and Mr. Lawrence about it, but that is -- that would be 

20 the general -- that would make the settlement a typical 

21 settlement.

22 MR. STEWART: Let me just step back. Yes, Your 

23 Honor, that would be our understanding; that if there were a 

24 default we could reopen for the purpose of collecting the 

25 difference between what was promised to be paid and what has 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

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HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 been paid and we could enforce against any and all Defendants 

 2 jointly and severally.

 3 THE COURT: Mr. McGinnis.

 4 MR. McGINNIS: That's my understanding.

 5 THE COURT: Okay, thank you. Are there any other 

 6 terms of the Agreement that need to be placed on the record?

 7 MR. STEWART: Only one, Your Honor. Mr. McGinnis did 

 8 point out to me that things happen sometimes with Council. 

 9 THE CLERK OF THE COURT: Would you speak closer to 

10 the mic? 

11 MR. STEWART: I have agreed on behalf of the 

12 Plaintiffs that such a delay would not itself be a breach of 

13 our Agreement provided that once it was approved we're on the 

14 original schedule of October, February and May. 

15 THE COURT: Okay. Mr. McGinnis.

16 MR. McGINNIS: Correct. 

17 THE COURT: All right. Okay. Mr. Greer, will you 

18 approach the microphone please? Did you take part in the 

19 settlement negotiations today?

20 MR. GREER: Yes, I did.

21 THE COURT: Did you hear the Court explain the 

22 possible outcomes of going forward with the litigation and not 

23 settling, which would include you possibly getting a big award 

24 from a jury, getting a little award from a jury or getting a no 

25 cause from a jury? 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

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HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 MR. GREER: Yes.

 2 THE COURT: And we talked about the possibility that 

 3 litigation could linger for years if you did not agree to the 

 4 settlement?

 5 MR. GREER: Yes.

 6 THE COURT: Having waived all of the considerations 

 7 and including the possible outcomes, is it your decision to 

 8 agree to the settlement that you heard discussed on the record 

 9 today?

10 MR. GREER: Yes. Yes, it is.

11 THE COURT: Are you satisfied with the representation 

12 that Mr. Stewart has provided you?

13 MR. GREER: Yes, I am.

14 THE COURT: Do you understand that by agreeing to this 

15 settlement you are agreeing to a dismissal of your Complaint 

16 against the Defendants with prejudice, meaning that you could 

17 not bring the same Complaint or any claims arising out of the 

18 same event in another case? 

19 MR. GREER: Yes, that's correct.

20 THE COURT: Mr. Stewart, do you have other questions?

21 MR. STEWART: We also have Mr. Lawrence. 

22 THE COURT: I understand. I'm just trying to finish 

23 with Mr. Greer. Mr. McGinnis, do you have questions?

24 MR. McGINNIS: I would just ask whether or not you 

25 have discussed this case and your settlement posture with your 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

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HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 wife and your children? 

 2 MR. GREER: No, not as of yet. Me and my wife, we 

 3 have discussed anything future possibilities, but nothing that 

 4 -- nothing concrete.

 5 MR. McGINNIS: I know you haven't discussed the terms 

 6 of it because we just arrived at the terms, but have they 

 7 authorized you to enter into a settlement on their behalf?

 8 MR. GREER: Yes, they have.

 9 THE COURT: And you represent to the Court that you've 

10 been authorized and you stand before the Court representing 

11 yourself and your family relative to this settlement?

12 MR. GREER: Yes, that's correct.

13 MR. McGINNIS: I have nothing further. 

14 THE COURT: Thank you. Mr. Lawrence, will you come 

15 forward please? Mr. Lawrence, did you also take part in the 

16 settlement negotiations today?

17 MR. LAWRENCE: Yes, Your Honor.

18 THE COURT: Did you hear about the possible outcomes 

19 if you did not agree to the settlement?

20 MR. LAWRENCE: Yes, Your Honor.

21 THE COURT: Having weighed all those considerations, 

22 is it your decision to agree to the settlement that you heard 

23 described in the record today?

24 MR. LAWRENCE: Yes, Your Honor.

25 THE COURT: Are you satisfied with the representation 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

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HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 of Mr. Stewart?

 2 MR. LAWRENCE: Yes, Your Honor.

 3 THE COURT: And do you understand that by agreeing to 

 4 this settlement any claim that you have brought against the 

 5 City of Highland Park and the police officers will end any 

 6 claim that you could have brought out of the same event that 

 7 led to you participating in this Complaint, you're agreeing to 

 8 dismiss that with prejudice?

 9 MR. LAWRENCE: Yes, Your Honor.

10 THE COURT: Mr. Stewart, any other questions?

11 MR. STEWART: Mr. Lawrence, do you understand that 

12 the allocation of the settlement proceeds will be used 

13 (Inaudible -- too far away from microphone). Do you understand 

14 ordinarily family members are able every once in a while 

15 (Inaudible). Do you understand if that happens (Inaudible)

16 MR. LAWRENCE: Yes. 

17 THE CLERK OF THE COURT: Mr. Stewart, can you move a 

18 little closer? 

19 MR. STEWART: -- Who is entitled to what out of the 

20 settlement can make a binding decision, if the family 

21 (Inaudible). 

22 MR. LAWRENCE: Yes.

23 MR. STEWART: Your Honor, I've dealt with this family 

24 a couple years. I would be shocked (Inaudible)

25 THE COURT: Thank you. Mr. McGinnis, do you have some 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

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HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 questions?

 2 MR. McGINNIS: Yes. Mr. Lawrence, you appreciate 

 3 that this is a settlement between you, the City of Highland 

 4 Park and these Highland Park police officers?

 5 MR. LAWRENCE: Yes.

 6 THE COURT: And there's been no allocation of an 

 7 amount to you specifically and should you have a disagreement 

 8 with your family, you can't come back against the City of 

 9 Highland Park or any of these police officers?

10 MR. LAWRENCE: Yes.

11 MR. McGINNIS: That this is a complete and final 

12 settlement subject to the limitations we put on the record 

13 between you, the City of Highland Park and these police 

14 officers?

15 MR. LAWRENCE: Yes.

16 MR. McGINNIS: That's all.

17 THE COURT: Thank you.

18 MR. STEWART: Your Honor, does the Court have any 

19 requirement as to how quickly we can (Inaudible). Perhaps we 

20 should have on the record who will take the first shot at 

21 (Inaudible). 

22 THE COURT: Let me first ask, Mr. Greer. Thank you, 

23 Mr. Lawrence. Mr. Greer, I just want to make sure that it's on 

24 the record. Do you also agree that if there are any disputes 

25 among your family members regarding the allocation of the 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

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HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 settlement proceeds, that the Court will have the authority to 

 2 make that decision? 

 3 MR. LAWRENCE: Oh, of course.

 4 THE COURT: Thank you. And Miss Square.

 5 MS. SQUARE: Yes, Your Honor.

 6 THE COURT: Did you participate in the settlement 

 7 discussions today?

 8 MS. SQUARE: Yes, I did.

 9 THE COURT: And you also heard about the different 

10 outcomes that could occur if this case went forward to trial?

11 MS. SQUARE: Yes, Your Honor.

12 THE COURT: With all of those considerations in mind, 

13 did you agree to approve the total settlement for 110,000 with 

14 the three installments that have been discussed in the other 

15 terms?

16 MS. SQUARE: Yes.

17 THE COURT: Are you satisfied with the representation 

18 of Mr. McGinnis?

19 MS. SQUARE: I am.

20 THE COURT: Thank you.

21 MS. SQUARE: Thank you, Your Honor. 

22 THE COURT: So Mr. Stewart and Mr. McGinnis, have you 

23 talked about who would be responsible for the initial draft of 

24 the Settlement Agreement?

25 MR. McGINNIS: We have not. I will take the 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

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HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 responsibility of getting it to Mr. Stewart by Friday.

 2 MR. STEWART: That's agreeable.

 3 THE COURT: I do want to make a record of what I told 

 4 both of you. There are some outstanding matters that might 

 5 need Court involvement. At this juncture, I don't have 

 6 jurisdiction to consider those. They will go to Judge Levy and 

 7 certainly I'm not trying to discourage you from taking those 

 8 matters to Judge Levy. If you wanted me to have the 

 9 jurisdiction to address those, then I would need both parties 

10 to provide a Consent to Judge Levy to me entering final 

11 Judgment. But again, that's a decision for all of you -- for 

12 you all to make, not for me.

13 MR. STEWART: Understood, but I have had an 

14 opportunity to consider this matter and for the Plaintiffs we 

15 would be happy to have either Your Honor or Judge Levy handle 

16 it, whichever the City is willing to agree to and it's somewhat 

17 more convenient for the parties I know if the Court is doing it 

18 because you're here, Judge Levy is in Ann Arbor, but I have no 

19 preference. Mr. McGinnis, if you prefer to have Judge Levy, 

20 that's fine.

21 MR. McGINNIS: I would have no problem with this 

22 Court handling that matter, Judge.

23 THE COURT: There are consent forms that you can get 

24 from the Court's Internet. That would have to be presented to 

25 Judge Levy and Judge Levy would have to sign off on it.

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

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HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 MR. McGINNIS: Yes, Your Honor.

 2 THE COURT: All right. Anything else before we close 

 3 the record today?

 4 MR. STEWART: I want to thank the Court for its 

 5 efforts today. I don't know that we would have reached an 

 6 agreement without the help and participation of the Court.

 7 THE COURT: Well, I thank all of you.

 8 MR. McGINNIS: Thank you, Your Honor. I appreciate 

 9 your effort.

10 THE COURT: Thank you. Have a good afternoon. 

11 THE CLERK OF THE COURT: All rise. Court is in 

12 recess. 

13 (Proceedings adjourned at about 1:22 p.m.) 

14 - - -

15 COURT REPORTER'S CERTIFICATION

16

17 STATE OF MICHIGAN)

18 ) SS. 

19 COUNTY OF WAYNE )

20

21 I, Janice Coleman, Federal Official Court Reporter, in and 

22 for the United States District Court for the Eastern District 

23 of Michigan, do hereby certify that pursuant to Section 753, 

24 Title 28, United States Code, that the foregoing is a true and 

25 correct transcript of the digital sound recording, transcribed 

JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

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HASKELL GREER, et al v. CITY OF HIGHLAND PARK, et al

 1 to the best of my ability, which was held in this matter and 

 2 that the transcript page format is in conformance with the 

 3 regulations of the Judicial Conference of the United States. 

 4 /S/ JANICE COLEMAN

 5 JANICE COLEMAN, CSR NO. 1095, RPR

 6 FEDERAL OFFICIAL COURT REPORTER

 7

 8 DATED: October 25, 2018

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JANICE COLEMAN, CSR 1095, RPR

OFFICIAL FEDERAL COURT REPORTER

(313) 234-2611

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