UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

THAL FLAM WENDROW, JULIAN WENDROW and

THAL FLAM WENDROW, as Conservator to I.W. and

A.W., Minors,

Plaintiffs,

-vsMICHIGAN DEPARTMENT OF HUMAN SERVICES,

ISMAEL AHMED, KRISTE SMITH, KATHERINE

CLAUSELL, REBECCA ROBYDEK, OAKLAND

COUNTY, a Michigan County, OAKLAND COUNTY

SHERIFF'S DEPARTMENT, MICHAEL BOUCHARD,

ERIC OVERALL, DAVID GORCYCA, DEBORAH

CARLEY, ANDREA DEAN; WEST BLOOMFIELD

TOWNSHIP, a Michigan Municipal Corporation, WEST

BLOOMFIELD TOWNSHIP POLICE DEPARTMENT,

RONALD D. CRONIN, CARL FUHS, JOSEPH

BROUSSEAU, TARA KANE, OFFICER WARDIA, 

DANIEL O'MALLEY, CITY OF WALLED LAKE, 

WALLED LAKE CONSOLIDATED SCHOOL DISTRICT,

WILLIAM HAMILTON, SHERYL BROWN, NATALIE

MILLER, CYNTHIA SCARSELLA, VERONICA BURKE;

all individuals sued in official and personal capacity; all

Defendants sued jointly and severally;

Defendants.

 /

Case No. 08-CV-14324

HON. John Corbett O'Meara,

Mag. Judge Donald A. Scheer

ORDER APPROVING

SETTLEMENT AND

SETTLEMENT

ALLOCATION AS TO

MINOR PLAINTIFFS

A.W. & I.W.

DEBORAH L. GORDON, PLC

Deborah L. Gordon (P27058)

Sarah S. Prescott (P70510)

Attorneys for Plaintiffs

33 Bloomfield Hills Parkway, Suite 275

Bloomfield Hills, MI 48304

(248) 258-2500 / Fax (248) 258-7881

dgordon@deborahgordonlaw.com

sprescott@deborahgordonlaw.com 

BENDURE & THOMAS

Marc E. Thomas P25628

Co-Counsel for Thal Flam Wendrow, as Conservator

to I.W. and A.W., only

30700 Telegraph Road, Suite 3475

Bingham Farms, MI 48025-4571

(248) 646-5255 / Fax (248) 646-1684

marc@bendurethomaslaw.com

STEVEN M. POTTER, P.C.

Steven M. Potter (P33344)

Rick J. Patterson (P57706)

Attorneys for Oakland County, Overall, Gorcyca,

Carley & Dean

2701 Cambridge Court, Suite 223

Auburn Hills, MI 48326

(248) 377-1700 / Fax (248) 377-0051

spotter@potterlaw.com

rjpatterson@potterlaw.com

5:08-cv-14324-JCO-MAR Doc # 284 Filed 01/12/11 Pg 1 of 4 Pg ID 10782
1. These Settling Defendants are West Bloomfield Township, West Bloomfield Police

Department, Ronald D. Cronin, Carl Fuhs, Joseph Brusseau, Tara Kane, and Daniel O’Malley,

all collectively referred to in this Order as “Settling Defendants.” 

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OAKLAND COUNTY CORP COUNSEL

Keith J. Lerminiaux (P30190)

Co-Counsel for Oakland County, Overall,

Gorcyca, Carley & Dean

1200 N. Telegraph Road, Bldg. 14E

Lansing, MI 48909

(248) 858-0557 / Fax (248) 858-1003

lerminiauxk@oakgov.com

OFFICE MICH. ATTORNEY GENERAL

Margaret A. Nelson (P30342)

Attorneys for MDHS, Ahmed & Robydek 

P.O. Box 30736

Lansing, MI 48909

(517) 373-6434 / Fax (517) 373-2454

nelsonma@michigan.gov

SECREST WARDLE

William P. Hampton (P14591)

Bruce A. Truex (P26035)

Gary L. Dovre (P27684)

Shannon K. Ozga (P59093)

Kristin Bricker Kolb (P59496)

Attorneys for West Bloomfield Township,

West Bloomfield Police Dept., Cronin, Fuhs,

Brousseau, Kane and O'Malley

30903 Northwestern Highway

P.O. Box 3040

Farmington Hills, MI 48333-3040

(248) 851-9500 / Fax 248-851-2158

btruex@secrestwardle.com

gdovre@secrestwardle.com

sozga@secrestwardle.com

kkolb@secrestwardle.com

whampton@secrestwardle.com

LUSK & ALBERTSON, PLLC

Robert A. Lusk (P38122)

Kevin T. Sutton (P65364)

Attorneys for Walled Lake Consolidated

School District, Hamilton, Brown, Miller, 

Scarsella & Burke

40950 Woodward Ave., Ste. 350

Bloomfield Hills, MI 4830-45129

(248) 258-2850 /Fax (248) 258-2851

ksutton@luskalbertson.com

rlusk@luskalbertson.com

 /

ORDER APPROVING SETTLEMENT AND SETTLEMENT

ALLOCATION AS TO MINOR PLAINTIFFS A.W. & I.W.

This matter having come on for hearing on January 6, 2011, pursuant to Plaintiffs’ Motion

To Approve Settlement, and counsel for Plaintiffs, Plaintiffs themselves, counsel for the “Settling

Defendants,”1

 and the Court-appointed Guardian Ad Litem, “GAL,” Gregory J. Roth all being

present in open court, and the Court having reviewed the GAL’s original report and

recommendation, which was submitted on January 4, 2011, but unfiled, and the GAL having

subsequently submitted an amended report as to typographical errors and the removal of certain

language in parentheticals in paragraphs 1 and 2, page 11, of the original report (a copy of the

5:08-cv-14324-JCO-MAR Doc # 284 Filed 01/12/11 Pg 2 of 4 Pg ID 10783
-3-

GAL’s amended report is attached hereto and made part of this record as Exhibit 1), and the

Plaintiffs’ clarifying that A.W. does not now and has not received Social Security and Medicare

benefits that could become a lien on the settlement funds, all the foregoing being set forth on the

record on January 6, 2011, and the GAL having approved the settlement and the settlement

allocation to the minors for whom Plaintiff Thal Flam Wendrow is the Conservator, having been

duly appointed by the Oakland County Probate Court Judge, and for the reasons stated on the record

in open court on January 6, 2011, and this Court being otherwise fully informed in the premises,

IT IS NOW THEREFORE ORDERED that:

1. The settlement and settlement allocation from the full Settlement Amount for the

minor children shall be as follows: (a) for A.W., the allocated sum of $50,000.00; and (b) for I.W.,

the allocated sum of $250,000.00, all as set forth on page 11 of the amended GAL report, a copy of

which is attached hereto and made part of the record as Exhibit 1, with full and complete adoption

of the recommendations set forth therein, and the same is hereby APPROVED and found to be fair,

reasonable, and in the best interests of A.W. and I.W., the minors; and

2. This settlement and the settlement allocations as well as any agreement or release

entered into by the Plaintiffs and the Settling Defendants shall be effective and inure only to the

benefit of the Plaintiffs and the Settling Defendants, only, and no other parties to this action or third

persons; and

5:08-cv-14324-JCO-MAR Doc # 284 Filed 01/12/11 Pg 3 of 4 Pg ID 10784
-4-

3. Upon the determination by the Oakland County Probate Court of a bond for the

Conservator and any other matters as provided by Michigan law, this Court will finalize the

settlement and dismiss the Settling Defendants by proper order to be submitted by the parties to the

settlement;

IT IS SO ORDERED.

Date: January 12, 2011 s/John Corbett O’Meara

United States District Judge

APPROVED:

DEBORAH L. GORDON, PLC

By: /s/Deborah L. Gordon 

Deborah L. Gordon (P27058)

Sarah S. Prescott (P70510)

Attorneys for Plaintiffs

33 Bloomfield Hills Parkway

Suite 275

Bloomfield Hills, MI 48304

(248) 258-2500 / Fax (248) 258-7881

dgordon@deborahgordonlaw.com

SECREST WARDLE

By: /s/Kristin Bricker Kolb 

Kristin Bricker Kolb (P59496)

Attorneys for West Bloomfield

Township, West Bloomfield Police

Dept., Cronin, Fuhs, Brousseau, Kane

and O’Malley

30903 Northwestern Highway

P.O. Box 3040

Farmington Hills, MI 48333-3040

248-851-9500 / Fax 248-851-2158

kkolb@secrestwardle.com

BENDURE & THOMAS

By: /s/Marc E. Thomas 

Marc E. Thomas (P25628)

Co-Counsel for Plaintiff Thal Flam

Wendrow as Conservator to I.W. &

A.W. only

30700 Telegraph Road, Suite 3475

Bingham Farms, MI 48025-4571

(248) 646-5255/FAX (248) 646-1684

marc@bendurethomaslaw.com

GREGORY J. ROTH, PLLC

By: /s/Gregory J. Roth 

Gregory J. Roth (P57677)

Guardian Ad Litem for I.W. & A.W.,

Minors

42705 Grand River Avenue, Suite 201

Novi, Michigan 48375

(248) 344-4772

5:08-cv-14324-JCO-MAR Doc # 284 Filed 01/12/11 Pg 4 of 4 Pg ID 10785