Cain v. Carroll

Filing 172

ORDER for Plaintiff's Counsel to Produce. Signed by Magistrate Judge Patricia T. Morris. (KCas)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DARRYL CAIN,
v.

Case No. 2:13-cv-10525
Sean F. Cox
United States District Judge

Plaintiff,

FRANK CARROLL and CITY OF
DETROIT,

Patricia T. Morris
United States Magistrate Judge

Defendants.
_______________________________/
ORDER FOR PLAINTIFF’S COUNSEL TO PRODUCE
Before the Court is Plaintiff’s motion to enforce a settlement agreement.
(ECF No. 163). Plaintiff does not raise any issues concerning the settlement he
reached with Defendants, but instead objects to his attorney keeping a portion of the
agreed upon sum as attorney fees. (Id. at PageID.1380‒81). Plaintiff says that he
did not agree to pay attorney fees and it appears that Plaintiff did not know fees
would be deducted until he received a check for a reduced sum. (Id.).
The Court appointed Ronnie E. Cromer, Jr. of the Cromer Law Group, PLLC
as pro bono counsel for Plaintiff on May 24, 2023. (ECF No. 100). Plaintiff alleges
that he “did not agree” to any amount of attorney fees being deducted from his
settlement award (ECF No. 163, PageID.1380‒81), and the settlement agreement
that was memorialized in a proposed stipulation and order of dismissal contains no
provision regrading attorney fees (ECF No. 165-4).
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Further, no attorney fee

agreement between Plaintiff and the Cromer Law Group or Ronnie Cromer, Jr. has
been submitted to the Court nor has any mention of the existence of any such
agreement been made.

The record similarly fails to show that any court

determination of appropriate or reasonable attorney fees was made under 42 U.S.C.
§ 1988(b).
In order to resolve this issue, the Court needs and hereby ORDERS Plaintiff’s
counsel, Ronnie E. Cromer, Jr., to PRODUCE either: (1) any and all attorney fee
agreements relevant to the instant case, or (2) an affidavit attesting that no attorney
fee agreement exists relevant to the instant case.

Plaintiff’s counsel should

electronically file the required document(s) as an exhibit to Plaintiff’s motion to
enforce a settlement agreement on or before October 8, 2024.
IT IS SO ORDERED.

Date: September 26, 2024

s/Patricia T. Morris
Patricia T. Morris
United States Magistrate Judge

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