Wendrow et al v. Michigan Department of Human Services et al

Filing 477

ORDER Appointing Guardian Ad Litem. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THAL FLAM WENDROW, JULIAN
WENDROW and THAL FLAM WENDROW
as Conservator to IAN WENDROW and
AISLINN WENDROW, Minors,
Plaintiffs,
-vs-

Case No. 08-CV-14324
HON. John Corbett O’Meara

MICHIGAN DEPARTMENT OF HUMAN
SERVICES, ISMAEL AHMED, KRISTE
SMITH,KATHERINE CLAUSELL, REBECCA
ORDER
ROBYDEK, OAKLAND COUNTY, a Michigan
APPOINTING
County, OAKLAND COUNTY SHERIFF’S
GUARDIAN AD
DEPARTMENT, MICHAEL BOUCHARD,
LITEM
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.
_______________________________________________________________
DEBORAH GORDON LAW
STEVEN M. POTTER, P.C.
Gordon, Laughbaum & Prescott
Steven M. Potter (P33344)
Deborah L. Gordon (P27058)
Rick J. Patterson (P57706)
Sarah S. Prescott (P70510)
Robert C. Clark (P76359)
Attorneys for Plaintiffs
Attorneys for Oakland County,
33 Bloomfield Hills Parkway, Ste 220
Overall Gorcyca Carley & Dean
Bloomfield Hills, MI 48304
2701 Cambridge Court, Suite 223
[phone] / Fax [phone]
Auburn Hills, MI 48326

[e-mail]
[e-mail]
OAKLAND COUNTY CORP COUNSEL

[phone] / Fax [phone]
[e-mail]
[e-mail]
[e-mail]

Keith J. Lerminiaux (P30190)
Co-Counsel for Oakland County
Overall, Gorcyca, Carley & Dean
1200 N. Telegraph Road, Bldg. 14E
Pontiac, MI 48341-0419
[phone] / Fax [phone]
[e-mail]
__________________________________________________________________
ORDER APPOINTING GUARDIAN AD LITEM
This matter having come before the Court upon request by Plaintiff Aislinn
Wendrow by and through her Court appointed Guardians, Thal and Julian
Wendrow, by and through their respective counsel, for entry of an Order
Appointing Guardian Ad Litem for Plaintiff Aislinn Wendrow, an individual with
developmental disabilities, and the Court being otherwise fully advised in the
premises;
It Is Now Therefore Ordered That:
1.

Plaintiffs have settled with Defendants Oakland County, Deborah

Carley and David Gorcyca and any other Oakland County Defendant, hereafter
referred to as the “Defendants.”
2.

A Settlement Agreement and Release has been agreed to by the

parties. Included in the agreement is an amount for attorneys’ fees and costs,
contractually agreed to between the Plaintiffs and counsel. The remaining amount

will be distributed to Plaintiffs Thal, Julian, Ian and Aislinn Wendrow. Thal,
Julian, Ian and Aislinn Wendrow are all adults. Aislinn Wendrow, age 21, is the
natural child of Thal and Julian and is a developmentally disabled individual. She
lives with and is cared for by her parents.
3.

Thal and Julian Wendrow were appointed by the Oakland County

Probate Court as plenary guardians of Aislinn Wendrow as a person with a
developmental disability on March 15, 2011. They have established a Special
Needs Trust in her name.
4.

Because Aislinn Wendrow is a legally designated person with a

developmental disability, a Guardian Ad Litem should be appointed to advise this
Court as to the appropriateness of any amount of the settlement proceeds to be
allocated to her.
5.

Plaintiffs request that Attorney Gregory Roth be appointed by this

Court to act as Guardian Ad Litem on behalf of Aislinn Wendrow. Mr. Roth was
previously appointed by this Court to act as Guardian Ad Litem for Aislinn
Wendrow on December 28, 2010 [Dkt #280] and subsequently accepted his
recommendation on January 12, 2011 [Dkt #284] with regard to the settlement
with the West Bloomfield Defendants, was appointed on September 10, 2014 [Dkt.
401] with regard to the settlement with State of Michigan and Walled Lake School
District Defendants, and this Court subsequently accepted his recommendation on

November 24, 2014 [Dkt. 442].

Mr. Roth is already familiar with the

circumstances of Aislinn Wendrow.
Mr. Roth is aware of his nomination and has no conflicts of any kind,
whatsoever.
IT IS HEREBY ORDERED that Gregory Roth is appointed as Guardian
Ad Litem for Plaintiff Aislinn Wendrow for the purpose of making a
recommendation to this Court with regard to settlement proceeds to be allocated to
Aislinn Wendrow.
Date: May 28, 2015

s/John Corbett O’Meara
United States District Judge