Filing to support motion to enforce settlement.

7/23/2019 Filing to support motion to enforce settlement.

http://slidepdf.com/reader/full/filing-to-support-motion-to-enforce-settlement 1/105

HEATHER S. WHITE (7674)SCOTT YOUNG (10695)SNOW, CHRISTENSEN & MARTINEAUAttorneys for Defendants10 Exchange Place, 11th FloorPost Office Box 45000Salt Lake City, Utah 84145Telephone: (801) 521-9000Fax No.: (801) [email protected]@scmlaw.com

IN THE UNITED STATES DISTRICT COURT

STATE OF UTAH, CENTRAL DIVISION

SUSAN HUNT, mother and personalrepresentative of DARRIEN HUNT, deceased;CURTIS HUNT; and ESTATE OF DARRIENHUNT, by its Personal Representative SusanHunt,

Plaintiffs,

vs.

MATTHEW L. SCHAUERHAMER; NICHOLAS E. JUDSON; and the CITY OFSARATOGA SPRINGS, UTAH,

Defendants.

DEFENDANTS' SUPPLEMENTAL

BRIEF IN SUPPORT OF THEIR

MOTION TO ENFORCE

SETTLEMENT

Civil No. 2:15CV1 TC

Judge Tena Campbell

Magistrate Judge Paul M. Warner

[FILED UNDER SEAL]

Pursuant to the Court's November 20, 2015 Order, Defendants submit the following

supplemental brief in support of their motion to enforce settlement.

INTRODUCTION

Plaintiff Susan Hunt has opposed Defendants' motion to enforce settlement because she

claims she did not give her counsel authority to settle and she never agreed to the settlement.

Case 2:15-cv-00001-TC-PMW Document 52 Filed 11/25/15 Page 1 of 10



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However, her counsel recently submitted evidence proving that Ms. Hunt gave authority to settle

and, in fact, agreed to the settlement.

Specifically, Ms. Hunt emailed her counsel on July 8, "I reluctantly will accept 850,000

to 900,000. Please push for as close to 1 mil as possible." 7.8.15 Email, 1:39 p.m., Exh. U.

Based on this authority, her counsel emailed Defendants' counsel and stated they "would like to

take another run at getting this case resolved." 7.13.15 Email, 7.29 p.m., Exh. V. The parties

agreed to settle for $900,000 and Defendants counsel emailed a Release of All Claims to Ms.

Hunt's counsel on August 7, 2015. See 8.7.15 Email, 5:07 p.m., Exh. W. On August 12, Ms.

Hunt had a telephone conversation with her counsel and agreed to the settlement. See Transcript

of 8.12.15 Telephone Conversation, Exh. X. Six days later, Ms. Hunt texted Sykes McAllister,

"Do you think I can afford a house for $250,000?" 8.18.15 Text, 2:04 p.m., Exh. Y. This

evidence proves beyond doubt that Ms. Hunt gave her counsel authority to settle and then agreed

to the settlement. Therefore, Defendants' motion to enforce the settlement should be granted.

STATEMENT OF FACTS

Ms. Hunt did not dispute Defendants' Statement of Facts in her opposition memorandum.

See Doc. #23. Defendants restate these facts, with the new evidence set forth in bold and italics,

in order to provide the Court with a complete timeline of the relevant evidence.1

1.

On Ju ly 8, 2015, Ms. Hunt email ed her counsel:

H i Bob,

I reluctantly wil l accept 850,000 to 900,000. Please push for as close to 1 mil as

possible.

1 Defendants have only attached the exhibits relating to the new evidence. The other exhibits can be found attachedto Defendants' Motion to Enforce Settlement, Doc. #17.




3

Thank you,

Kindly,

Susan H unt.

7.8.15 Email , 1:39 p.m., Exh. U.

2. On July 13, 2015, Plaintiffs' counsel emailed Defendants' counsel and stated they

"would like to take another run at getting this case resolved before we get heavily involved in

serious and lengthy litigation." 7.13.15 Email, 7:29 p.m., Exh. B.

3. After some negotiation, the parties agreed on a settlement amount and

Defendants' counsel drafted a Release of All Claims, which they emailed to Plaintiffs' counsel on

August 7, 2015. See 8.7.15 Email, 5:07 p.m., Exh. C.

4. Due to the publicity surrounding the lawsuit, the parties began working on

respective press releases (to be mutually agreed upon) to publicize the settlement upon entry of

an order of dismissal.

5.

On August 12, 2015, Ms. Hunt spoke with her counsel on the telephone and

agreed to the settl ement:

Bob: I t' s the 12th of August, 2015. I t' s 5:06 p.m. We've been talki ng for about

15 or 20 minu tes about all aspects of the case. And I wanted you to repeat [i t]

so I have a record of i t, not to email me. I ' ve told you that the

nondisparagement clause is a deal breaker for them and you told me that it was

okay, you would go ahead and sign it wi th that clause in there, right?

Susan: Yeah.

Bob: Okay, that's a yeah?

Susan: Yes.

Bob: Say it louder .

Susan: I wil l sign. Yes.

* * *

Bob: … But, we should be able to sign a deal tomorrow or Monday. Are you

avail able tomorrow to come down i f we need [you] to?

Susan: Uh , yes, I am.


https://ecf.utd.uscourts.gov/doc1/18313448829










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* * *Bob: I n other words, you wi ll hold your nose to sign it, r ight?

Susan: Yes.

Bob: Now don' t get upset, okay? I want you to be happy. This is a good

settl ement. Be happy, okay?

Susan: I 'm trying.

8.12.15 Telephone Transcript, Exh . X.

6. On August 17, 2015, Plaintiffs' counsel emailed, "Where are we on the final

settlement documents? I would like to review them, and get my client's signature on them,

shortly. Thanks." 8.17.15 Email, 5:12 p.m., Exh. D.

7. Defendants' counsel responded, "I am working through what will hopefully be the

last issues on the proposed press releases. I hope to get those to you today. In the mean time,

can you and Karra please get me your firm tax I.D. numbers and let me know how to make the

settlement check payable? Thank you." 8.18.15 Email, 10:03 a.m., Exh. E.

8.

Forty minutes later, Plaintiffs' counsel emailed Defendants' counsel with the tax

I.D. number and payment instructions. See 8.18.15 Email, 10:42 a.m., Exh. F.

9.

The payment instructions were further clarified in two additional emails from

Plaintiffs' counsel. See 8.18.15 Email, 1:01 p.m., Exh. G, and 8.18.15 Email, 2:54 p.m., Exh. H.

10. That same afternoon, Ms. Hunt texted her counsel:

I feel li ke a doormat. Thank you for your kind words. Do you think I can

afford a house for 250,000?

8.18.15 Text, 2:04 p.m., Exh. Y.

11. That same afternoon, Plaintiffs' counsel emailed two additional edits to the press

releases. See 8.18.15 Email, 2:37 p.m., Exh. I.




























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12.

Defendants' counsel responded with a red-line proposal for the edits. See 8.18.15

Email, 3:29 p.m., Exh. J.

13. Plaintiffs' counsel agreed to the edits, emailing back respectively, "We agree" and

"I would be ok with that." 8.18.15 Email, 3:47 p.m., Exh. K , and 8.18.15 Email, 4:13 p.m., Exh.

L.

14. An hour later, Defendant's counsel emailed, "I have sent the release to the City

Manager to sign for the City. I have also ordered the settlement check." 8.18.15 Email, 5:23

p.m., Exh. M.

15. Twenty minutes later, Defendants' counsel emailed again requesting one more

minor change to the release, stating, "I apologize. I just received one more request for the

release to [include] ‘officials and officers of the City’ to the definition of ‘Releasees’ in the first

paragraph. Are you amenable to that?" 8.18.15 Email, 5:45 p.m., Exh. N.

16. Plaintiffs' counsel agreed within the hour, emailing respectively "Yes, this is OK."

and "Agreed." 8.18.15 Email, 5:57 p.m., Exh. O, and 8.18.15 Email, 6:46 p.m., Exh. P.

17. On August 19, 2015, Saratoga Springs City Manager Mark Christensen signed the

Release. See Release, Exh. Q.

18. On August 20, 2015, Ms. Hunt email ed her counsel:

To whom thi s concerns,

I wil l not sign thi s bull shi t document releasing Saratoga Spri ngs and the

murderi ng cops, unti l I hear back from my advisory council [sic] and Jonathan

Moore, Er ic Garners attorney on Monday.

Thank you,

Susan Hunt






































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8.20.15 Email , 11:51 a.m., Exh . Z.

19. On August 21, 2015, Defendants' counsel emailed Plaintiffs' counsel, "I have the

settlement check." 8.21.15 Email, 12:14 p.m., Exh. R .

20. On August 25, 2015, Ms. Hunt' s counsel sent a letter via email and regular mail

to Ms. Hunt:

Dear Susan:

I hope thi s fi nds you well .

I feel, Susan, as I wr ite thi s, l ike a person who has somehow

disappointed and perhaps lost a good fr iend. I am bewi ldered and saddened by

thi s loss. And I want to apologize and set thi ngs r ight, if possible.

I last talked with you brief ly a week ago today, Tuesday, August 18th. I

drove to Rexburg, I daho that day on another case, and forwarded you various

settl ement documents. Judging by your emails and texts that day and since,

something having to do with thi s has ser iously offended you. You have not

called me or sent any signi fi cant email s since that time, so I wanted to try to

offe r an olive branch and an apology, if I did something wrong. …

* * *

I tell you thi s story again because clients fr equently have an i nf lated

view of what their cases are worth . Generall y, cli ents accept my opini on on

thi s, having gone through a lot of battles. You did accept my recommendation

that the case be settl ed for $900,000. We thereafter went forward on that, and

formall y accepted their off er to settle for $900,000, with your approval. Al l that

remained was to sign the Release. We sat in my off ice and went thr ough i t, and

again, you agreed. Apparently, you are now having second thoughts, so let me

repeat a few things from the past, that I state with sincerity, in the hope that

they wil l help you.

* * *

Very Tr uly Yours,

Robert B. Sykes

8.25.15 Letter, Exh . AA.








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21.

On August 28, 2015, Ms. Hunt email ed Mr. Sykes and stated, " I 'm sorr y, but

your services are no longer needed. Please indicate the time and location for one of my

representatives to pick up the fi le." 8.28.15 Emai l, 10:53 a.m., Exh. BB .

22. Later that day, M r. Sykes responded, stating, " I wil l also be fi li ng an attorney's

li en for a contingent fee on the $900,000 settlement of fer that you accepted." 8.28.15 Email ,

11:57 a.m., Exh. CC.

23.

On September 15, 2015, Plaintiff Curtis Hunt signed the Release. See Exh. Q.

24. Receiving no response from Ms. Hunt's counsel, Robert Sykes, Defendants'

counsel emailed again on September 2, 2015, "I thought I would check with you on the status of

finalizing our settlement. Thanks." 9.2.15 Email, 4:57 p.m., Exh. S.

25. Defendants' counsel was unaware that Ms. Hunt had fired Mr. Sykes on August

28, 2015. See Doc. #15, ¶ 1.

26. Mr. Sykes did not respond, and on September 10, 2015, Ms. Hunt told the media

that she had turned down a $900,000 offer to settle the lawsuit." See "Darrien Hunt's mother

says she turned down a $900,000 settlement from Saratoga Springs," Salt Lake Tribune, 9.10.15,

Exh. T; see also "Mom of Darrien Hunt says she rejected $900K settlement offer in son's death,"

KSL.com, 9.10.15, Exh. A.

27.

On September 18, 2015, Mr. Sykes filed a Motion for Withdrawal of Counsel.

See Doc. #15.

28. Mr. Sykes also filed a Notice of Attorney's Lien on the settlement amount on

September 18, 2015. See Doc. #16.



















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ARGUMENT

The new evidence proves Ms. Hunt gave her counsel authority to settle the case and that

she agreed to the settlement.

I. MS. HUNT GAVE HER COUNSEL AUTHORITY TO SETTLE ON JULY

8, 2015.

Ms. Hunt asserted that "[s]he never gave actual, apparent, or express authority to Sykes to

accept any particular amount from Defendants" and "[t]he overwhelming evidence shows that

Sykes did not possess the required authority and that it is unreasonable for Defendants to claim

that they relied on an apparent authority." Doc. #23, p. 2, 13. However, the new evidence proves

this is not true. On July 8, 2015, Ms. Hunt emailed her counsel and stated, "I reluctantly will

accept 850,000 to 900,000. Please push for as close to 1 mil as possible." 7.8.15 Email, Exh. U.

It was this grant of authority that spurred her counsel to reinitiate settlement discussions with

Defendants on July 13, 2015. This email proves that Ms. Hunt authorized her counsel to settle

the case for $850,000 and, thus, Defendants' motion to enforce the settlement should be granted.

II. MS. HUNT ACCEPTED THE SETTLEMENT.

Ms. Hunt also asserted she "never settled the case. She never confirmed, directed, or

consented to a settlement amount with Sykes … [she] never agreed to anything … [i]n fact,

Susan Hunt made her rejection known by words and conduct to Sykes and Defendants." Doc.

#23, p. 2, 13-14. This, too, is untrue. Ms. Hunt agreed to the settlement in her August 12

telephone call with her counsel. She did not recant on August 18, but instead asked, "Do you

think I can afford a house for 250,000?" 8.18.15 Text, 2:04 p.m., Exh. Y. And she did not

contest her counsel's statements in the August 25 and August 28 emails that she had agreed to the




9

settlement. This new evidence proves that Ms. Hunt agreed to the settlement and, therefore,

Defendants' motion to enforce the settlement should be granted.

CONCLUSION

For the reasons set forth above, Defendants' motion to enforce the settlement should be

granted.

SNOW, CHRISTENSEN & MARTINEAU

___________________________Date 11-23-2015Heather S. WhiteScott YoungAttorneys for Defendants




10

CERTIFICATE OF SERVICE

I hereby certify that on the 23rd day of November, 2015, I filed, under seal, the foregoing

DEFENDANTS' SUPPLEMENTAL BRIEF IN SUPPORT OF THEIR MOTION TO

ENFORCE SETTLEMENT with the Clerk of the Court. A copy was mailed, First Class, to

the following:

Robert B. SykesRachel L. SykesSYKES McALLISTER LAW OFFICES311 South State Street, Suite 240Salt Lake City, Utah 84111

Attorneys for Susan Hunt and the Estate of Darrien Hunt

Karra J. PorterScott T. EvansCHRISTENSEN & JENSEN257 East 200 South, Suite 1100Salt Lake City, Utah 84111

Attorneys for Curtis Hunt

Paul Lydolph IIILydolph & Weierholt2975 W. Executive Suites Parkway, Ste. 168Lehi, UT 84043

Shean D. WilliamsSam Starks

THE COCHRAN FIRM - ATLANTA127 Peachtree StreetAtlanta, GA 30303

Attorneys for Susan Hunt and the Estate of Darrien Hunt

/s/ Annette Gamero




Exhibit A

Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 1 of 24












Exhibit B




1

Annet te D. Gamero

From: Robert Sykes [[email protected]]Sent: Monday, July 13, 2015 7:29 PMTo: Heather S. WhiteCc: Karra Porter Subject: RE: Hunt v. Saratoga Springs

Heather:

Sorry we missed each other.

Karra and I would like to take another run at getting this case resolved before we get heavily involved in serious

and lengthy litigation. Paul felt reported to us that you made the statement that a number between $755,000 and

$1,000,000 might be acceptable to both sides. My client Susan Hunt is very emotional about all of this, and not totally

rational, as you may understand. You might say that her bereavement is very intense. Nevertheless, I am convinced that,

with some difficulty, I can get her to take a number under $1,000,000, if the number is right. I'm convinced also, after

conversations with Karra, that her client is of the same general mind. She can confirm this with you, I'm sure.

Would it be possible for you to call me and discuss it tomorrow? I look forward to hearing from you.

Bob Sykes

Robert B. Sykes, Esq.Sykes McAllister Law Offices, PLLC311 South State Street Suite 240Salt Lake City, Utah 84111-2320[o] 801-533-0222 [f] 801-533-8081[h] 801-531-7730 [c] 801-580-5599email: [email protected]

[Practice concentrating in PersonalInjury, Medical Malpractice, ProductLiability, Brain & Spinal Cord Injury,and Civil Rights Litigation]

"Rob not the poor, because he is poor: neitheroppress the afflicted in the gate: For the Lordwill plead their cause, and spoil the soul of those

that spoiled them." Proverbs 22:22-23.

From: Heather S. White [mailto:[email protected]]

Sent: Monday, July 13, 2015 5:21 PMTo: Robert Sykes

Cc: Karra Porter

Subject: Hunt v. Saratoga Springs

I got your messages but have been unavailable. I will also be unavailable tonight through tomorrow early afternoon. I

can try you after my commitment. But it might help if you want to send me an email in the mean time. Thank you.

Heather S. White | Lawyer

10 Exchange Place, 11th Floor | Salt Lake City, Utah 84111Direct: 801.322.9125 | Main: 801.521.9000 | www.scmlaw.com

The information contained in this e-mail and any attachments are confidential and solely for the use of the intendedrecipient. If the intended recipient is our client, then this information is also privileged attorney-client communication.Unauthorized use or disclosure of this information is prohibited. If you have received this communication in error, do not




2

read it. Please delete it from your system without copying it, and notify the sender by e-mail or calling (801) 521-9000, sothat our address record can be corrected. Thank you.




Exhibit C




1

Annet te D. Gamero

From: Heather S. WhiteSent: Friday, August 07, 2015 5:07 PMTo: Karra Porter; Robert SykesSubject: Hunt v. Saratoga Springs

Attac hm ent s: Release2.doc

Attached is the proposed release we have prepared. We will work on language for a proposed press release next week.

Please let me know Monday any comments to the release. Thank you.

Heather S. White | Lawyer 10 Exchange Place, 11th Floor | Salt Lake City, Utah 84111Direct: 801.322.9125 | Main: 801.521.9000 | www.scmlaw.com




Exhibit D




1

Annet te D. Gamero

From: Robert Sykes [[email protected]]Sent: Monday, August 17, 2015 5:12 PMTo: Heather S. WhiteCc: PORTER, Karra ([email protected])Subject: Documents

Heather:Where are we on the final settlement documents? I would like to review them, and get my client's

signature on them, shortly. Thanks.Bob Sykes



"I consider trial by jury as the only anchor ever yetimagined by man, by which government can be heldto the principles of its constitution."

Thomas Jefferson, 1789




Exhibit E




1

Annet te D. Gamero

From: Heather S. WhiteSent: Tuesday, August 18, 2015 10:03 AMTo: Robert SykesCc: PORTER, Karra ([email protected])Subject: RE: Documents

I am working through what will hopefully be the last issues on the proposed press releases. I hope to get those to you

today. In the mean time, can you and Karra please get me your firm tax I.D. numbers and let me know how to make the

settlement check payable? Thank you.


From: Robert Sykes [mailto:[email protected]]

Sent: Monday, August 17, 2015 5:12 PM

To: Heather S. WhiteCc: PORTER, Karra ([email protected])Subject: Documents

Heather:Where are we on the final settlement documents? I would like to review them, and get my client's

signature on them, shortly. Thanks.Bob Sykes

Robert B. Sykes, Esq.Sykes McAllister Law Offices, PLLC311 South State Street Suite 240Salt Lake City, Utah 84111-2320

[o] 801-533-0222 [f] 801-533-8081[h] 801-531-7730 [c] 801-580-5599email: [email protected]







Exhibit F




1

Annet te D. Gamero

From: Jacquie Smith [[email protected]]Sent: Tuesday, August 18, 2015 10:42 AMTo: Heather S. WhiteCc: [email protected]; Robert SykesSubject: Hunt - documents

Heather:

Bob Sykes is on the road right now, traveling to Idaho to look at an accident scene. He asked me to let you know the

check should be payable to:

“Sykes McAllister Law Office Trust for the benefit of Susan Hunt and Curtis Hunt.”

For your information, this is a trust account set up for both Karra Porter’s firm and Bob Sykes’s firm to use jointly.

The Sykes McAllister Law Office tax id number is 47 1839052. I would guess Karra will be providing you with her firm’s

tax id number.

Sincerely,Jacquie

From: Robert Sykes

Sent: Tuesday, August 18, 2015 10:32 AM

To: Jacquie Smith < [email protected]>

Subject: Fwd: Documents

Sent from my iPhone

Begin forwarded message:

From: "Heather S. White" <[email protected]>

Date: August 18, 2015 at 10:02:45 MDTTo: Robert Sykes < [email protected]>

Cc: "PORTER, Karra ([email protected])" <[email protected]>

Subject: RE: Documents

I am working through what will hopefully be the last issues on the proposed press releases. I hope to get

those to you today. In the mean time, can you and Karra please get me your firm tax I.D. numbers and let

me know how to make the settlement check payable? Thank you.





2



To: Heather S. White

Cc: PORTER, Karra ([email protected])

Subject: Documents

Heather:Where are we on the final settlement documents? I would like to review them, and get my

client's signature on them, shortly. Thanks.

Bob Sykes





The information contained in this e-mail and any attachments are confidential and solely for the use of theintended recipient. If the intended recipient is our client, then this information is also privileged attorney-client communication. Unauthorized use or disclosure of this information is prohibited. If you havereceived this communication in error, do not read it. Please delete it from your system without copying it,and notify the sender by e-mail or calling (801) 521-9000, so that our address record can be corrected.Thank you.




Exhibit G




1

Annet te D. Gamero

From: Robert Sykes [[email protected]]Sent: Tuesday, August 18, 2015 1:01 PMTo: Heather S. White; PORTER KarraCc: Jacquie SmithSubject: Re: Hunt v. City of Saratoga Springs

Issue the 1099 to SMLO. We'll issue a 1099 to CJ.

Sent from my iPhone

On Aug 18, 2015, at 12:57, Heather S. White <[email protected]> wrote:

Karra, do you agree the check should be made payable to Sykes McAllister Law Office Trust for the

benefit of Susan Hunt and Curtis Hunt? Also, how do we address the tax I.D. # issue and 1099 if that is

the case, since your firm’s name will not be on the check? Thanks.

<image002.png>Heather S. White | Lawyer 10 Exchange Place, 11th Floor | Salt Lake City, Utah 84111Direct: 801.322.9125 | Main: 801.521.9000 | www.scmlaw.com

From: Jacquie Smith [mailto:[email protected]]

Sent: Tuesday, August 18, 2015 10:42 AMTo: Heather S. White

Cc: [email protected]; Robert SykesSubject: Hunt - documents

Heather:

Bob Sykes is on the road right now, traveling to Idaho to look at an accident scene. He asked me to let

you know the check should be payable to:


For your information, this is a trust account set up for both Karra Porter’s firm and Bob Sykes’s firm to

use jointly.

The Sykes McAllister Law Office tax id number is 47 1839052. I would guess Karra will be providing you

with her firm’s tax id number.

Sincerely,

Jacquie

From: Robert Sykes







2

Sent from my iPhone



Date: August 18, 2015 at 10:02:45 MDT

To: Robert Sykes < [email protected]>Cc: "PORTER, Karra ([email protected])" <[email protected]>


I am working through what will hopefully be the last issues on the proposed pressreleases. I hope to get those to you today. In the mean time, can you and Karra please

get me your firm tax I.D. numbers and let me know how to make the settlement check

payable? Thank you.


From: Robert Sykes [mailto:[email protected]]Sent: Monday, August 17, 2015 5:12 PM


Cc: PORTER, Karra ([email protected])Subject: Documents

Heather:Where are we on the final settlement documents? I would like to review

them, and get my client's signature on them, shortly. Thanks.Bob Sykes





The information contained in this e-mail and any attachments are confidential and solelyfor the use of the intended recipient. If the intended recipient is our client, then thisinformation is also privileged attorney-client communication. Unauthorized use or disclosure of this information is prohibited. If you have received this communication in




3

error, do not read it. Please delete it from your system without copying it, and notify thesender by e-mail or calling (801) 521-9000, so that our address record can be corrected.Thank you.




Exhibit H




1

Annet te D. Gamero

From: Robert Sykes [[email protected]]Sent: Tuesday, August 18, 2015 2:54 PMTo: Heather S. WhiteCc: PORTER KarraSubject: Fwd: Hunt v. City of Saratoga Springs

Heather:The Tax ID you should use is set forth below: 47-1839052. Thx, RBS

Sent from my iPhone


From: Robert Sykes < [email protected]>


To: "Heather S. White" <[email protected]>, PORTER Karra <[email protected]>

Cc: Jacquie Smith < [email protected]>

Subject: Re: Hunt v. City of Saratoga Springs

Issue the 1099 to SMLO. We'll issue a 1099 to CJ.

Sent from my iPhone


Karra, do you agree the check should be made payable to Sykes McAllister Law Office

Trust for the benefit of Susan Hunt and Curtis Hunt? Also, how do we address the tax

I.D. # issue and 1099 if that is the case, since your firm’s name will not be on the check?Thanks.


From: Jacquie Smith [mailto:[email protected]]



Cc: [email protected]; Robert SykesSubject: Hunt - documents

Heather:

Bob Sykes is on the road right now, traveling to Idaho to look at an accident scene. He

asked me to let you know the check should be payable to:





2

For your information, this is a trust account set up for both Karra Porter’s firm and Bob

Sykes’s firm to use jointly.

The Sykes McAllister Law Office tax id number is 47 1839052. I would guess Karra will

be providing you with her firm’s tax id number.

Sincerely,

Jacquie

From: Robert Sykes




Sent from my iPhone




To: Robert Sykes < [email protected]>

Cc: "PORTER, Karra ([email protected])"<[email protected]>


I am working through what will hopefully be the last issues on the

proposed press releases. I hope to get those to you today. In the mean

time, can you and Karra please get me your firm tax I.D. numbers and let

me know how to make the settlement check payable? Thank you.





Cc: PORTER, Karra ([email protected])

Subject: Documents

Heather:Where are we on the final settlement documents? I would

like to review them, and get my client's signature on them,shortly. Thanks.

Bob Sykes

Robert B. Sykes, Esq.Sykes McAllister Law Offices, PLLC311 South State Street Suite 240




3

Salt Lake City, Utah 84111-2320[o] 801-533-0222 [f] 801-533-8081[h] 801-531-7730 [c] 801-580-5599email: [email protected]


"I consider trial by jury as the only anchor ever yetimagined by man, by which government can be held

to the principles of its constitution."Thomas Jefferson, 1789

The information contained in this e-mail and any attachments areconfidential and solely for the use of the intended recipient. If theintended recipient is our client, then this information is also privilegedattorney-client communication. Unauthorized use or disclosure of thisinformation is prohibited. If you have received this communication inerror, do not read it. Please delete it from your system without copying it,and notify the sender by e-mail or calling (801) 521-9000, so that our

address record can be corrected. Thank you.




Exhibit I




1

Annet te D. Gamero

From: Karra Porter [[email protected]]Sent: Tuesday, August 18, 2015 2:37 PMTo: Heather S. White; Robert SykesSubject: RE: Hunt v. City of Saratoga Springs

Heather,

1. Darn it, the line about “While the Utah County Attorney’s Office concluded the shooting was justified” was not

something we talked about. (As you know, we have opinions about the County investigation.) The wording is

really an attempt to state as fact that the shooting was justified, rather than stating a party’s position or

perception, which is what we were asked to limit our statement to (“Darrien’s family believes that…”). If that

language can’t be changed to “Although the City believes the shooting was justified” (or even “fully justified”), I

suggest that we add the following to the Hunt release: “Darrien’s family believes that Darrien’s death was not

justified, and that these incidents should be investigated by disinterested parties.”

2. One other minor thought: Thank you for adding the mutuality language regarding disparagement/responding to

statements. It occurred to me that, technically, City officials could get around that by making a comment about

*Darrien,* who is not a Claimant. Could we add 3 words to p. 2 so that it reads, “If a person or entity not a partyto this release makes a disparaging comment about Claimants *or Darrien Hunt*,”…

Karra

801.323.5000

801.386.6621 (cell)

From: Heather S. White [mailto:[email protected]]Sent: Tuesday, August 18, 2015 12:56 PMTo: Robert Sykes; Karra PorterSubject: Hunt v. City of Saratoga Springs

Attached are drafts I have prepared of the stipulation to and order of dismissal. Please let me know if you have any

changes.

My clients had some changes to the draft press release that Karra and I negotiated for Defendants. Most are

rearrangements but there is an addition (Utah County investigation) and a deletion (DOJ). Therefore, I have attached both

for your comparison. The one named “Press Release (Settlement Final)” is the final version. It took a lot of skill and

bloodletting to get it approved, so if at all possible, please do not suggest any further revisions.

Also attached is the draft press release Karra and I negotiated for Plaintiffs. My clients only had one change to that: to

eliminate specifically naming the officers and to refer to them instead as “the officers.” This is critical to my clients. If it

is acceptable, please get me a version on your letterhead that I can attach to as Exhibit 1 to the final release.

Finally, I made an addition to the release for both sides to provide that any responsive statements, if they even

become necessary, be made in a non-disparaging way. I also added a paragraph that the City will not object toUtah County releasing Darrien’s personal effects.




2

Please let me know if the final documents are acceptable to you. Because of the inclusion of multiple drafts to

this email, please include the final versions your clients agree to as attachments to your responsive emails.

Please also remind your clients that nothing is to be publicized about the settlement yet. That shall occur when

the stipiulation and proposed order are filed with the Court. I will alert you the night before the morning we fileit so we can arrange to exchange the settlement check when the stipulation and order are filed. That way we

will all be ready to release Plaintiff’s press release to the media. Thank you.


The information contained in this e-mail and any attachments are confidential and solely for the use of the intendedrecipient. If the intended recipient is our client, then this information is also privileged attorney-client communication.Unauthorized use or disclosure of this information is prohibited. If you have received this communication in error, do notread it. Please delete it from your system without copying it, and notify the sender by e-mail or calling (801) 521-9000, so

that our address record can be corrected. Thank you.

WARNING DISCLAIMER- LEGAL CONFIDENTIALITY NOTICE This electronic mail messagecontains confidential information intended only for the use of the individual or entity named above and may be protected by the attorney client and/or work product privilege. If the reader of this message is not the intended

recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that

any dissemination, distribution or copying of this communication is strictly prohibited. If you have received thiscommunication in error, please notify the sender immediately at (801) 323-5000, or by reply email, and delete

the original message and any backup copies from your system. Thank you.




Exhibit J




1

Annet te D. Gamero

From: Heather S. WhiteSent: Tuesday, August 18, 2015 3:29 PMTo: Karra Porter; Robert SykesSubject: RE: Hunt v. City of Saratoga Springs

What about the language in red below instead?


From: Karra Porter [mailto:[email protected]]Sent: Tuesday, August 18, 2015 2:37 PMTo: Heather S. White; Robert SykesSubject: RE: Hunt v. City of Saratoga Springs

Heather,

1. Darn it, the line about “While the Utah County Attorney’s Office concluded the shooting was justified” was not

something we talked about. (As you know, we have opinions about the County investigation.) The wording is

really an attempt to state as fact that the shooting was justified, rather than stating a party’s position or

perception, which is what we were asked to limit our statement to (“Darrien’s family believes that…”). If that

language can’t be changed to “Although the City believes the shooting was justified” (or even “fully justified”), I

suggest that we add the following to the Hunt release: “Darrien’s family believes that Darrien’s death was not

justified, and that these incidents should be investigated by disinterested parties the Utah County Attorney’s

investigation was not impartial.”

2. One other minor thought: Thank you for adding the mutuality language regarding disparagement/responding to

statements. It occurred to me that, technically, City officials could get around that by making a comment about

*Darrien,* who is not a Claimant. Could we add 3 words to p. 2 so that it reads, “If a person or entity not a party

to this release makes a disparaging comment about Claimants *or Darrien Hunt*,”… Yes.

Karra

801.323.5000

801.386.6621 (cell)


Attached are drafts I have prepared of the stipulation to and order of dismissal. Please let me know if you have any

changes.




2

My clients had some changes to the draft press release that Karra and I negotiated for Defendants. Most are

rearrangements but there is an addition (Utah County investigation) and a deletion (DOJ). Therefore, I have attached both

for your comparison. The one named “Press Release (Settlement Final)” is the final version. It took a lot of skill and

bloodletting to get it approved, so if at all possible, please do not suggest any further revisions.

Also attached is the draft press release Karra and I negotiated for Plaintiffs. My clients only had one change to that: to

eliminate specifically naming the officers and to refer to them instead as “the officers.” This is critical to my clients. If it

is acceptable, please get me a version on your letterhead that I can attach to as Exhibit 1 to the final release.

Finally, I made an addition to the release for both sides to provide that any responsive statements, if they even become necessary, be made in a non-disparaging way. I also added a paragraph that the City will not object to

Utah County releasing Darrien’s personal effects.

Please let me know if the final documents are acceptable to you. Because of the inclusion of multiple drafts to

this email, please include the final versions your clients agree to as attachments to your responsive emails.

Please also remind your clients that nothing is to be publicized about the settlement yet. That shall occur when

the stipiulation and proposed order are filed with the Court. I will alert you the night before the morning we fileit so we can arrange to exchange the settlement check when the stipulation and order are filed. That way we

will all be ready to release Plaintiff’s press release to the media. Thank you.


The information contained in this e-mail and any attachments are confidential and solely for the use of the intendedrecipient. If the intended recipient is our client, then this information is also privileged attorney-client communication.Unauthorized use or disclosure of this information is prohibited. If you have received this communication in error, do not

read it. Please delete it from your system without copying it, and notify the sender by e-mail or calling (801) 521-9000, sothat our address record can be corrected. Thank you.

WARNING DISCLAIMER- LEGAL CONFIDENTIALITY NOTICE This electronic mail message

contains confidential information intended only for the use of the individual or entity named above and may be protected by the attorney client and/or work product privilege. If the reader of this message is not the intended

recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that

any dissemination, distribution or copying of this communication is strictly prohibited. If you have received thiscommunication in error, please notify the sender immediately at (801) 323-5000, or by reply email, and delete

the original message and any backup copies from your system. Thank you.




Exhibit K




1

Annet te D. Gamero

From: Robert Sykes [[email protected]]Sent: Tuesday, August 18, 2015 3:47 PMTo: Heather S. WhiteCc: Karra Porter; Robert SykesSubject: Re: Hunt v. City of Saratoga Springs

We agree

Sent from my iPhone





Heather,

1. Darn it, the line about “While the Utah County Attorney’s Office concluded the shooting was

justified” was not something we talked about. (As you know, we have opinions about the

County investigation.) The wording is really an attempt to state as fact that the shooting was

justified, rather than stating a party’s position or perception, which is what we were asked to

limit our statement to (“Darrien’s family believes that…”). If that language can’t be changed to

“Although the City believes the shooting was justified” (or even “fully justified”), I suggest that

we add the following to the Hunt release: “Darrien’s family believes that Darrien’s death was

not justified, and that these incidents should be investigated by disinterested parties the Utah

County Attorney’s investigation was not impartial.”

2. One other minor thought: Thank you for adding the mutuality language regarding

disparagement/responding to statements. It occurred to me that, technically, City officials couldget around that by making a comment about *Darrien,* who is not a Claimant. Could we add 3

words to p. 2 so that it reads, “If a person or entity not a party to this release makes a

disparaging comment about Claimants *or Darrien Hunt*,”… Yes.

Karra

801.323.5000

801.386.6621 (cell)




2


Attached are drafts I have prepared of the stipulation to and order of dismissal. Please let me know if youhave any changes.

My clients had some changes to the draft press release that Karra and I negotiated for Defendants. Most

are rearrangements but there is an addition (Utah County investigation) and a deletion (DOJ). Therefore,

I have attached both for your comparison. The one named “Press Release (Settlement Final)” is the final

version. It took a lot of skill and bloodletting to get it approved, so if at all possible, please do not suggest

any further revisions.

Also attached is the draft press release Karra and I negotiated for Plaintiffs. My clients only had one

change to that: to eliminate specifically naming the officers and to refer to them instead as “the officers.”

This is critical to my clients. If it is acceptable, please get me a version on your letterhead that I can

attach to as Exhibit 1 to the final release.

Finally, I made an addition to the release for both sides to provide that any responsive

statements, if they even become necessary, be made in a non-disparaging way. I also added a paragraph that the City will not object to Utah County releasing Darrien’s personal effects.

Please let me know if the final documents are acceptable to you. Because of the inclusion of

multiple drafts to this email, please include the final versions your clients agree to as attachmentsto your responsive emails.

Please also remind your clients that nothing is to be publicized about the settlement yet. Thatshall occur when the stipiulation and proposed order are filed with the Court. I will alert you the

night before the morning we file it so we can arrange to exchange the settlement check when the

stipulation and order are filed. That way we will all be ready to release Plaintiff’s press releaseto the media. Thank you.



WARNINGDISCLAIMER- LEGAL CONFIDENTIALITYNOTICEThis electronic mail

message contains confidential information intended only for the use of the individual or entity




3

named above and may be protected by the attorney client and/or work product privilege. If the

reader of this message is not the intended recipient or the employee or agent responsible todeliver it to the intended recipient, you are hereby notified that any dissemination, distribution or

copying of this communication is strictly prohibited. If you have received this communication in

error, please notify the sender immediately at (801) 323-5000, or by reply email, and delete theoriginal message and any backup copies from your system. Thank you.




Exhibit L




1

Annet te D. Gamero

From: Karra Porter [[email protected]]Sent: Tuesday, August 18, 2015 4:13 PMTo: Heather S. WhiteCc: Robert SykesSubject: Re: Hunt v. City of Saratoga Springs

Attac hm ent s: image004.png

I would be ok with that

Dictated via iPhone

Karra

801-323-5000

801-386-6621 (cell)

On Aug 18, 2015, at 3:28 PM, Heather S. White <[email protected]> wrote:




Heather,

1. Darn it, the line about “While the Utah County Attorney’s Office concluded the shooting was

justified” was not something we talked about. (As you know, we have opinions about the

County investigation.) The wording is really an attempt to state as fact that the shooting was

justified, rather than stating a party’s position or perception, which is what we were asked to

limit our statement to (“Darrien’s family believes that…”). If that language can’t be changed to

“Although the City believes the shooting was justified” (or even “fully justified”), I suggest that

we add the following to the Hunt release: “Darrien’s family believes that Darrien’s death was

not justified, and that these incidents should be investigated by disinterested parties the UtahCounty Attorney’s investigation was not impartial.”

2. One other minor thought: Thank you for adding the mutuality language regarding

disparagement/responding to statements. It occurred to me that, technically, City officials could

get around that by making a comment about *Darrien,* who is not a Claimant. Could we add 3

words to p. 2 so that it reads, “If a person or entity not a party to this release makes a

disparaging comment about Claimants *or Darrien Hunt*,”… Yes.




2

Karra

801.323.5000

801.386.6621 (cell)

From: Heather S. White [mailto:[email protected]]

Sent: Tuesday, August 18, 2015 12:56 PMTo: Robert Sykes; Karra PorterSubject: Hunt v. City of Saratoga Springs

Attached are drafts I have prepared of the stipulation to and order of dismissal. Please let me know if you

have any changes.

My clients had some changes to the draft press release that Karra and I negotiated for Defendants. Most

are rearrangements but there is an addition (Utah County investigation) and a deletion (DOJ). Therefore,

I have attached both for your comparison. The one named “Press Release (Settlement Final)” is the final

version. It took a lot of skill and bloodletting to get it approved, so if at all possible, please do not suggest

any further revisions.

Also attached is the draft press release Karra and I negotiated for Plaintiffs. My clients only had one

change to that: to eliminate specifically naming the officers and to refer to them instead as “the officers.”

This is critical to my clients. If it is acceptable, please get me a version on your letterhead that I can

attach to as Exhibit 1 to the final release.

Finally, I made an addition to the release for both sides to provide that any responsive

statements, if they even become necessary, be made in a non-disparaging way. I also added a

paragraph that the City will not object to Utah County releasing Darrien’s personal effects.

Please let me know if the final documents are acceptable to you. Because of the inclusion of

multiple drafts to this email, please include the final versions your clients agree to as attachments

to your responsive emails.

Please also remind your clients that nothing is to be publicized about the settlement yet. That

shall occur when the stipiulation and proposed order are filed with the Court. I will alert you thenight before the morning we file it so we can arrange to exchange the settlement check when the

stipulation and order are filed. That way we will all be ready to release Plaintiff’s press release

to the media. Thank you.

Heather S. White | Lawyer 10 Exchange Place, 11th Floor | Salt Lake City, Utah 84111

Direct: 801.322.9125 | Main: 801.521.9000 | www.scmlaw.com





3

WARNINGDISCLAIMER- LEGAL CONFIDENTIALITYNOTICEThis electronic mail

message contains confidential information intended only for the use of the individual or entity

named above and may be protected by the attorney client and/or work product privilege. If thereader of this message is not the intended recipient or the employee or agent responsible to

deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or

copying of this communication is strictly prohibited. If you have received this communication in

error, please notify the sender immediately at (801) 323-5000, or by reply email, and delete theoriginal message and any backup copies from your system. Thank you.

WARNING DISCLAIMER- LEGAL CONFIDENTIALITY NOTICE This electronic mail message

contains confidential information intended only for the use of the individual or entity named above and may be

protected by the attorney client and/or work product privilege. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that

any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this

communication in error, please notify the sender immediately at (801) 323-5000, or by reply email, and deletethe original message and any backup copies from your system. Thank you.




Exhibit M




1

Annet te D. Gamero

From: Heather S. WhiteSent: Tuesday, August 18, 2015 5:23 PMTo: Robert Sykes; Karra Porter Subject: Hunt v. City of Saratoga Springs

Attac hm ent s: Press Release (Settlement Final).docx; Press Release (Settlement Hunt Final).docx; Release(Final).doc; Dismiss Motion (Stipulated).doc; Dismiss Order (Stipulated).doc

I have sent the release to the City Manager to sign for the City. I have also ordered the settlement check. I envision the

process proceeding as follows. As soon as I receive the settlement check and signed release from the City, I will let youknow we can exchange the check and copy of the signed release by the City for the release signed by Plaintiffs. We will

arrange to do that the following morning. After we file the dismissal papers with the Court, Defendants will send

Defendants’ press release to the press. Plaintiffs are free to do the same. If the media calls for further comment, we will

all respond that the terms of the agreement between the parties provide there will be no further comment beyond the

parties’ respective press releases.

I have attached hereto the final documents we have agreed upon so there is no confusion we have agreed to each

attachment. Please let me know immediately if you see a problem with any of them.

Thank you for your patience and working through these issues with me. We are almost there.





Exhibit N




1

Annet te D. Gamero

From: Heather S. WhiteSent: Tuesday, August 18, 2015 5:45 PMTo: Robert Sykes; Karra Porter Subject: FW: Hunt v. City of Saratoga Springs

Attac hm ent s: Press Release (Settlement Final).docx; Press Release (Settlement Hunt Final).docx; Release(Final).doc; Dismiss Motion (Stipulated).doc; Dismiss Order (Stipulated).doc

I apologize. I just received one more request for the release to “officials and officers of the City” to the definition of

“Releasees” in the first paragraph. Are you amenable to that?


From: Heather S. WhiteSent: Tuesday, August 18, 2015 5:23 PMTo: Robert Sykes; 'Karra Porter'Subject: Hunt v. City of Saratoga Springs

I have sent the release to the City Manager to sign for the City. I have also ordered the settlement check. I envision the

process proceeding as follows. As soon as I receive the settlement check and signed release from the City, I will let you

know we can exchange the check and copy of the signed release by the City for the release signed by Plaintiffs. We willarrange to do that the following morning. After we file the dismissal papers with the Court, Defendants will send

Defendants’ press release to the press. Plaintiffs are free to do the same. If the media calls for further comment, we will

all respond that the terms of the agreement between the parties provide there will be no further comment beyond the

parties’ respective press releases.

I have attached hereto the final documents we have agreed upon so there is no confusion we have agreed to each

attachment. Please let me know immediately if you see a problem with any of them.






Exhibit O




1

Annet te D. Gamero

From: Robert Sykes [[email protected]]Sent: Tuesday, August 18, 2015 5:58 PMTo: Heather S. WhiteCc: Robert Sykes; Karra Porter Subject: Re: Hunt v. City of Saratoga Springs

Yes. This is OK. Rbs

Sent from my iPhone


I apologize. I just received one more request for the release to “officials and officers of the City” to the

definition of “Releasees” in the first paragraph. Are you amenable to that?



I have sent the release to the City Manager to sign for the City. I have also ordered the settlement check.

I envision the process proceeding as follows. As soon as I receive the settlement check and signed releasefrom the City, I will let you know we can exchange the check and copy of the signed release by the City

for the release signed by Plaintiffs. We will arrange to do that the following morning. After we file the

dismissal papers with the Court, Defendants will send Defendants’ press release to the press. Plaintiffs

are free to do the same. If the media calls for further comment, we will all respond that the terms of the

agreement between the parties provide there will be no further comment beyond the parties’ respective

press releases.

I have attached hereto the final documents we have agreed upon so there is no confusion we have agreed

to each attachment. Please let me know immediately if you see a problem with any of them.



The information contained in this e-mail and any attachments are confidential and solely for the use of theintended recipient. If the intended recipient is our client, then this information is also privileged attorney-client communication. Unauthorized use or disclosure of this information is prohibited. If you have




2

received this communication in error, do not read it. Please delete it from your system without copying it,and notify the sender by e-mail or calling (801) 521-9000, so that our address record can be corrected.Thank you.

<Press Release (Settlement Final).docx>

<Press Release (Settlement Hunt Final).docx>

<Release (Final).doc>

<Dismiss Motion (Stipulated).doc>

<Dismiss Order (Stipulated).doc>




Exhibit P




1

Annet te D. Gamero

From: Karra Porter [[email protected]]Sent: Tuesday, August 18, 2015 6:46 PMTo: Robert SykesCc: Heather S. WhiteSubject: Re: Hunt v. City of Saratoga Springs

Attac hm ent s: image001.png; image002.png

Agreed

Dictated via iPhone

Karra

801-323-5000

801-386-6621 (cell)

On Aug 18, 2015, at 5:57 PM, Robert Sykes <[email protected]> wrote:

Yes. This is OK. Rbs

Sent from my iPhone


I apologize. I just received one more request for the release to “officials and officers of

the City” to the definition of “Releasees” in the first paragraph. Are you amenable to

that?



I have sent the release to the City Manager to sign for the City. I have also ordered the

settlement check. I envision the process proceeding as follows. As soon as I receive thesettlement check and signed release from the City, I will let you know we can exchange

the check and copy of the signed release by the City for the release signed by Plaintiffs.

We will arrange to do that the following morning. After we file the dismissal papers with

the Court, Defendants will send Defendants’ press release to the press. Plaintiffs are freeto do the same. If the media calls for further comment, we will all respond that the terms

of the agreement between the parties provide there will be no further comment beyond

the parties’ respective press releases.




2

I have attached hereto the final documents we have agreed upon so there is no confusion

we have agreed to each attachment. Please let me know immediately if you see a

problem with any of them.

Thank you for your patience and working through these issues with me. We are almost

there.

<image002.png>

Heather S. White | Lawyer

10 Exchange Place, 11th Floor | Salt Lake City, Utah 84111Direct: 801.322.9125 | Main: 801.521.9000 | www.scmlaw.com

The information contained in this e-mail and any attachments are confidential and solelyfor the use of the intended recipient. If the intended recipient is our client, then thisinformation is also privileged attorney-client communication. Unauthorized use or disclosure of this information is prohibited. If you have received this communication inerror, do not read it. Please delete it from your system without copying it, and notify thesender by e-mail or calling (801) 521-9000, so that our address record can be corrected.Thank you.

<Press Release (Settlement Final).docx>

<Press Release (Settlement Hunt Final).docx>

<Release (Final).doc>

<Dismiss Motion (Stipulated).doc>

<Dismiss Order (Stipulated).doc>

WARNING DISCLAIMER- LEGAL CONFIDENTIALITY NOTICE This electronic mail messagecontains confidential information intended only for the use of the individual or entity named above and may be protected by the attorney client and/or work product privilege. If the reader of this message is not the intended

recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified thatany dissemination, distribution or copying of this communication is strictly prohibited. If you have received this

communication in error, please notify the sender immediately at (801) 323-5000, or by reply email, and deletethe original message and any backup copies from your system. Thank you.




Exhibit Q




RELEASE OF ALL CLAIMS

Susan Hunt, Curtis Hunt, the Estate of Darrien Hunt and their agents, attorneys,

employees, employers, insurers, successors and assigns (“Claimants”) hereby acknowledgereceipt of the sum of Nine Hundred Thousand Dollars and No/100 ($900,000.00). Inconsideration of said sum, Claimants hereby release and forever discharge the City of SaratogaSprings, Utah, Matthew L. Schauerhamer, Nicholas E. Judson and their agents, attorneys,employees, employers, insurers, successors, assigns, officials and officers of the City(“Releasees”) from any and all claims and causes of actions of whatever kind or nature whichnow exist or which may hereafter accrue, because of, for, arising out of or in any way connectedwith the incident that occurred on September 10, 2014, detailed in the files and records of theUnited States District Court, District of Utah, in that certain action entitled Hunt, et al. v.

Schauerhamer, et al., Case No. 2:15-CV-00001-TC (the “Incident”).

Claimants understand and agree that this is a release of all claims and includes, but is notlimited to, claims for wrongful death and personal injuries including any future or unknown personal injuries, claims for aggravation of pre-existing injuries, claims for expenses arisingfrom the treatment of injuries, claims arising out of the treatment of injuries, such as medical,nursing, hospital or other expenses, claims for loss of time, wages, income or profits and all otheremployment capacity, claims for loss of association, services, society or consortium claims,claim for attorney’s fees, claims for property damage of any kind or character, claims for mentaldisorders, and claims for punitive damages. The foregoing enumeration of claims is illustrative,and the claims hereby released are in no way limited by the above recitation of specific claims, it being the intent of the Claimants to fully and completely release Releasees for all claimswhatsoever in any way relating to the Incident.

CLAIMANTS UNDERSTAND AND AGREE THAT THE INCIDENT MAY HAVELED TO INJURIES OR DAMAGES, THE EXISTENCE AND CONSEQUENCE OF WHICHARE UNKNOWN BUT WHICH MAY BECOME KNOWN IN THE FUTURE. CLAIMANTS, NEVERTHELESS, INTEND TO AND DO RELEASE ALL CLAIMS FOR ALL INJURIES ORDAMAGES, WHETHER NOW KNOWN OR UNKNOWN, AND WHETHER NOW INEXISTENCE OR HEREAFTER TO ARISE.

Claimants understand and agree that payment of said sum is made for the purpose ofcompromising a disputed claim and shall not be construed as an admission of liability since anyliability is denied.

Claimants agree that they will not defame or disparage Releasees. Claimants also agreethat they shall not publicly disparage Releasees or Releasees’ practices, policies, personnel orotherwise communicate about Releasees, their practices, policies or personnel in a defamatory ordisparaging manner in any medium or to any person or entity without limitation in time and theywill not encourage or condone others doing so. Claimants agree to limit their statementsregarding the Incident, the action filed in the United States District Court, District of Utahentitled Hunt, et al. v. Schauerhamer, et al ., Case No. 2:15-CV-00001-TC, the Utah County




Page 2 of 5

Attorney’s investigation of the Incident, the Department of Justice’s investigation of the Incident,or the settlement agreed upon in this Release, to the Press Release attached hereto as Exhibit 1.Claimants further agree to close all social media accounts that contain negative comments about

Releasees or, alternatively, remove all such negative posts and comments to those posts.

Releasees agree that they will not defame or disparage Claimants in a defamatory ordisparaging manner in any medium or to any person or entity without limitation in time and theywill not encourage or condone others doing so. Releasees agree to limit their statementsregarding the Incident, the action filed in the United States District Court, District of Utahentitled Hunt, et al. v. Schauerhamer, et al., Case No. 2:15-CV-00001-TC, the Utah CountyAttorney’s investigation of the Incident, the Department of Justice’s investigation of the Incident,or the settlement agreed upon in this Release, to the Press Release attached hereto as Exhibit 2.

Releasees have read and reviewed the Press Release attached hereto as Exhibit 1 and

shall not object to the distribution of such Press Release. Claimants have read and reviewed thePress Release attached hereto as Exhibit 2 and shall not object to the distribution of such PressRelease. Claimants and Releasees agree they will make no public statements other than thosecontained in the Press Releases attached as Exhibits 1 and 2 relating to the Incident, the actionfiled in the United States District Court, District of Utah entitled Hunt, et al. v. Schauerhamer, et

al., Case No. 2:15-CV-00001-TC, the Utah County Attorney’s investigation of the Incident, theDepartment of Justice’s investigation of the Incident, or the settlement agreed upon in thisRelease.

The parties agree and acknowledge that the non-disparagement and confidentiality provisions of this Release are material terms of the parties’ agreement, the absence of which

would have resulted in all Parties refusing to enter into this Release. In the event of a violation ofthe non-disparagement provision and/or confidentiality provision of this Release, the non- breaching parties shall have the right to monetary relief, regardless of the number of instances ofalleged breaches. If a person or entity not a party to this release makes a disparaging commentabout Releasees, Releasees shall have the right to publicly respond to such comments in a non-disparaging manner without being found to have breached the non-disparagement and/orconfidentiality provisions of this Release. Claimants shall not have the opportunity to publiclyrespond to any statements made by Releasees under such circumstances. If a person or entity nota party to this release makes a disparaging comment about Claimants or Darrien Hunt, Claimantsshall have the right to publicly respond to such comments in a non-disparaging manner without being found to have breached the non-disparagement and/or confidentiality provisions of this

Release. Releasees shall not have the opportunity to publicly respond to any statements made byClaimants under such circumstances.

Releasees further agree they will not object to a request by the Hunt family to the UtahCounty Attorney to release Darrien Hunt’s personal effects.




Claimants warrant that all outstanding liens of any kind arising from claims Claimants

have asserted as a result of the Incident hav e been or w ill be satisfied with the funds rece ived in

exchange for this Release. Claimants further represents that neither they, Darrien H unt, nor any

dependent (or former dependent) family member is presently eligible for or has ever been

enrolled in or received benefits under Medicare or M edicaid. Claiman ts agree to indemnify and

hold Releasees harmless from any claims, attorneys' fees or other expenses that might be

asserted against it by any lienholder or other third party as a result of the claims C laimants hav e

asserted as a result.

CL A I M A N T S F U R T H E R S T A T E T H A T T H E Y H A V E CA R E F U L L Y R E A D T H E

F O R E G O IN G R E L E A S E O F A L L CL A I M S , K N O W T H E CO N T E N T S T H E R E O F , H A V E

CO N S U L T E D W I T H T H E I R A T T O R N E Y CO N CE R N I N G T H E CO N T E N T S T H E R E O F

A N D S I G N T H E S A M E A S T H E I R O W N F R E E A CT .

DAT ED this ay of September, 2015.

Susan Hunt, personally and has representative

of Darrien Hunt

STATE OF

: ss

CO U N T Y O F

On the

ay of September, 2015 , personally appeared before m e, Susan Hunt, who

duly acknowledged to m e that she executed the foregoing Release of All Claims and upon her

oath, duly acknow ledged to me that she executed the same as her ow n free act and deed.

N O T A R Y P U B L IC

Residing at:

My Com mission Expires:

N o t a r y a n d U o u n s u i 0 1 u k e

U n i te d S t a t e s N a v y u n d e r th e a u t h o r i ty o f

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On the

1 day of September 2015 personal ly appeared before me Curt is Hunt who

duly acknowledged to me tha t he executed the foregoing Set t lement Agreement and Release of

All C la ims and upon h is oa th du ly acknowledged to me t he execu ted the same as h is own

a e l . - a t i c t deed

My Comm issi6nExpires:

DATED this ay of September 2015.

THE ESTATE OF DARRIEN HUNT

By Susan Hunt

Personal Representative of the

Estate of Darr ien Hunt

S T A T E O F

:SS

COUNTY OF

Before me the unders igned notary personal ly appeared Susan Hunt to me known to be

the person who s igned the foregoing ins trument who d id duly acknowledge under oa th tha t the

information conta ined there in is true and correct and tha t she executed the same on behal f of and

with ful l power and authori ty to bind the above-named s ignatory.

SUBSCRIBED AND SW ORN T O BEFORE ME th i s _ d ay o f Sep t embe r 2015 .

My Com miss ion Expires :

No tary Public

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EXHIBIT 1




The family of Darrien Hunt has resolved its lawsuit against the City of Saratoga Springs and its

officers related to Darrien's death. As previously stated, Darrien’s family believes that Darrien’sdeath was not justified and that the Utah County Attorney’s investigation was not impartial.

However, it is important for families to have closure in order to begin the healing process.

The family is gratified that the Saratoga Springs Police Department now has functional bodycameras. Both citizens and law enforcement benefit from the use of body cameras, as we have

seen with encounters between citizens and officers in other instances.

Nothing can replace Darrien in the hearts of his family. With this resolution, the family will try

to move forward while honoring Darrien’s memory. In furtherance of the parties’ desires for

closure, there will be no further written or oral comment by the parties or their representatives.




EXHIBIT 2




10 Exchange Place, 11th FSalt Lake City, Utah 8411

Main: 801.521.9000

www.scmlaw.com

Heather S. White

LAWYER

Direct: 801.322.9125Cell: 801.201.7220

[email protected]

PRESS RELEASE

Today the family of Darrien Hunt, the City of Saratoga Springs, and its officers settled thelawsuit related to Mr. Hunt’s death for $900,000. The City and the officers involved in theincident dispute the Hunt family’s claims that the officers acted inappropriately, including thefamily’s allegations that Mr. Hunt was shot in the back while on the ground and that he wastargeted because of his race.

Officers do not have the time to analyze and debate about how to respond to a situation, which is

what occurs during the litigation process. While the Utah County Attorney’s Office concludedthe shooting was justified, the current climate surrounding law enforcement makes defendingcivil rights cases costly and risky, even with favorable facts. The City’s insurance carrier and theCity determined that settling the case removes that risk. It additionally provides closure andallows all parties - the Hunt family, the City and the officers - a chance to heal and move on fromthis very public, emotionally-charged case.

Settlement of the Hunt family’s claims will allow the City and the officers to continue to directtheir time and energy toward serving the citizens of Saratoga Springs in a positive manner. TheCity and the officers again express their condolences to the Hunt family for their loss and wishthem well as they move forward. In furtherance of the parties’ desires for closure, there will be

no further written statements or comments by the parties or their representatives about theincident or the facts and circumstances surrounding it.




Exhibit R




1

Annet te D. Gamero

From: Heather S. WhiteSent: Friday, August 21, 2015 12:14 PMTo: Robert Sykes; Karra Porter Subject: Hunt v. City of Saratoga Springs

I have the settlement check.





Exhibit S




1

Annet te D. Gamero

From: Heather S. WhiteSent: Wednesday, September 02, 2015 4:57 PMTo: Karra Porter; Robert SykesSubject: Hunt v. Saratoga Springs

I thought I would check with you on the status of finalizing our settlement. Thanks.





Exhibit T










Exhibit U










Exhibit V










Exhibit W






















Exhibit X










Exhibit Y







Exhibit Z







Exhibit AA



















Exhibit BB







Exhibit CC





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