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MacK v. City of Detroit

United States District Court, E.D. Michigan, Southern Division

June 10, 2015

RICHARD MACK, Plaintiff,
v.
CITY OF DETROIT, et al., Defendants.

OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO ENFORCE ETTLEMENT (Dkt. 38), DISMISSING THE CASE WITHOUT PREJUDICE, AND DENYING PLAINTIFF'S MOTION TO COMPEL (Dkt. 39) AS MOOT[1]

MARK A. GOLDSMITH, District Judge.

Plaintiff Richard Mack filed the instant action against Defendants City of Detroit, Mia Nikolich, and R. Nill on January 24, 2012, alleging constitutional violations, as well as state claims for assault and battery, intentional infliction of emotional distress, and malicious prosecution. Compl. (Dkt. 1).

The parties appeared for a settlement conference before the Court on July 8, 2013. At that conference, the parties agreed - subject to approval by the Detroit City Council and Emergency Manager - to undergo binding high/low arbitration, and this agreement was placed on the record. See 7/8/2013 Tr. (Dkt. 38 at 18-27 of 28 (cm/ecf pages)).[2] Counsel examined Plaintiff on the record to ensure that he understood and agreed to the terms of the agreement. As relevant here, the following line of questioning occurred with Plaintiff:

MR. MUELLER: The settlement, let me just go through some of the parameters of what we've discussed before. Obviously we're all aware of the dire financial condition of the City of Detroit.
MR. MACK: Yes.
MR. MUELLER: As are you?
MR. MACK: Yes.
* * *
MR. MUELLER: You have agreed to a binding arbitration agreement and I'll run through these parameters with you and make sure that we are all on the same page, okay?
MR. MACK: Sure.
MR. MUELLER: It would be binding arbitration subject to City Council and emergency manager approval. You understand?
MR. MACK: Yes.
* * *
MR. MUELLER:... Mr. Mack, you understand that by, by entering into this agreement for binding arbitration, you're taking the case out of the court system and ...

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