Bollini v. Wells Fargo Bank, N.A. et al

Filing 12

JUDGMENT against Plaintiff's Counsel Emmett Greenwood and in Favor of Plaintiff Anthony Bollini. Signed by District Judge Gerald E. Rosen. (Monda, H)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ANTHONY BOLLINI,
Plaintiff,
v.

Case No. 13-10136
Hon. Gerald E. Rosen

FEDERAL HOME LOAN MORTGAGE
CORPORATION,
Defendant.
_________________________________/
JUDGMENT AGAINST PLAINTIFF’S COUNSEL EMMETT
GREENWOOD AND IN FAVOR OF PLAINTIFF ANTHONY BOLLINI
In conjunction with its May 29, 2013 order of dismissal of this action, the Court
directed Plaintiff’s counsel, Emmett Greenwood, to “immediately refund to his client,”
Plaintiff Anthony Bollini, “any monies paid by Mr. Bollini to Mr, Greenwood in
connection with Mr. Greenwood’s representation of Mr. Bollini in this case,” and to file a
statement with the Court within fourteen (14) days “attesting that he had complied with
the Court’s directive by refunding the full amount he has received from Mr. Bollini in
connection with this case.” [See Dkt. # 8, 5/29/2013 Memorandum Opinion and Order at
6].
No statement of compliance was ever filed by Mr. Greenwood. Then, by letter
dated June 19, 2013, Mr. Bollini informed the Court that he had not been refunded any
portion of the $2,100.00 he had paid to Mr. Greenwood. [See Dkt. # 10]. Therefore, the
Court issued an order on July 15, 2013, directing Plaintiff’s counsel Emmett Greenwood

to appear before the Court on July 24, 2013 and show cause why he should not be held in
contempt of court for failing to comply the directives set forth in this Court’s May 29,
2013 order.
At the July 24 hearing, Mr. Greenwood acknowledged that he had not refunded
any amounts to his client because he lacked the funds to do so. However, rather than
initiate contempt proceedings (because such a course of action was unlikely to enhance
the prospect that Mr. Greenwood would eventually make the payments called for under
the Court’s order), the Court determined that the best course of action was to proceed as it
had in another of Mr. Greenwood’s cases, Wicht v. Federal Home Loan Mortgage Corp.,
No. 12-12965, and enter a judgment against Mr. Greenwood and in favor of his client,
Mr. Bollini, in an amount equal to the full amount paid by Mr. Bollini to Mr. Greenwood
in connection with this case, so that Mr. Bollini may then avail himself of any processes
or procedures authorized under the law for collecting this judgment. Accordingly,
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, and DECREED
that a JUDGMENT be entered against Plaintiff’s counsel, Emmett Greenwood, and in
favor of Plaintiff Anthony Bollini, in the amount of $2,100.00, plus any postjudgment
interest and costs allowed by law.

Dated: July 24, 2013

s/Gerald E. Rosen
Chief Judge, United States District Court

I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on July 24, 2013, by electronic and/or ordinary mail.
s/Julie Owens
Case Manager, [phone]
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