IN THE CIRCUIT COURT OF SHELBY COUNTY, TENNESSEE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS STERLING ASKEW, as farther, next of kin And as Administrator Ad LitemfPersonal Representative of the Estate of STEVEN ASKEW, Deceased, and SYLVIA AS KEW as mother and next of kin of STEVEN ASKEW, Deceased Plaintiffs, v. NO. DIVISION IV CITY OF MEMPHIS, TONEY Individually in his of?cial capacity as the Police Director of the Memphis Police Department, OFFICER NED AUFDENKAMP (#11914), individually and in his official capacity as a Police Of?cer with the Memphis Police Department, OFFICER MATTHEW DYESS (#12402), individually and in his of?cial capacity as a Police Of?cer with the Memphis Police Department CONSENT ORDER OF DISMISSAL WITH PREJUDICE It appears to the Court based on the signatures below, that the parties agree that this action should be dismissed with prejudice at Defendant, City of Memphis cost. The Court therefore ?nds good cause exists to execute and enter this Consent Order of Dismissal with Prejudice. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this action is dismissed with prejudice and that court costs shall be assessed against Defendant, City of Memphis. Gina C, Higgins GINA c, HIGGINS ?twigs; Wit: JUDGE OF SHELBY COUNTY CIRCUIT COURT, DIV IV. 0'6? Date: E) APPROVED BY: Henry L. Mei-n, Esq. 8856) Richard J. Myers, Esq. 15577) APPERSON CRUMP PLC 6070 Poplar Avenue, 6th Floor Memphis, TN 38119 Attorneys for Defendant, City of Memphis 168M L?lh ?Mi ??41 ?4-1/5 - Mary Elizabeth/McKinney, Esq. QVQki/f $1 I Godwin Morris Laurenzi Bloom?eld, RC. 50 N. Front St, Ste. 800 Memphis, TN 38103 Attorney e7. Eda-tits,- Aufdenkamp and Dyess S. R?ise?alum, Esq. Matthew May, Esq. ROSENBLUM REISMAN 6070 Poplar Avenue, Suite 550 Memphis, TN 38119 Attorneys for Pla'_ . - Avenue, Suite 250 Memphis, TN 38119 Attorney for Plaintiffs Case Document 315 Filed 07/29/16 Page 1 of 2 Page-ID 10108 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION STERLING ASKEW, as Father, Next of Kin and as Administrator Ad Litem/Personal of the Estate of STEVEN ASKEW, Deceased, and SYLVIA ASKEW, as Mother and Next of Kin of STEVEN ASKEW, Deceased, Plaintiffs, v. No. 2: I 4-cv-02080-STA-tmp CITY OF MEMPHIS, TONEY Individually, and in His Of?cial Capacity as the Police Director of the Memphis Police Department, OFFICER NED AUFDENKAMP (#11914), Individually and in his Of?cial Capacity as a Police Of?cer with the Memphis Police Department, OFFICER MATTHEW DYESS (#12402), Individually and in his Of?cial Capacity as a Police Of?cer with the Memphis Police Department, Defendants. CONSENT ORDER OF DISMISSAL WITH PREJUDICE It appears to the Court based on the signature below, that the parties agree that this action should be dismissed with prejudice at Defendant City of Memphis? cost. The Court therefore ?nds good cause exists to execute and enter this Consent Order of Dismissal with Prejudice. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this action is dismissed with prejudice and that court costs shall be assessed against Defendant City of Memphis. 5/ S. Thomas Anderson S. THOMAS ANDERSON UNITED STATES DISTRICT JUDGE Date: July 29, 2016 Case Document 315 Filed 07/29/16 Page 2 of 2 PagelD 10109 APPROVED BY: 3/ Henrv L. Klein Henry L. Klein #8856 Richard J. Myers #15577 APPERSON CRUMP PLC 6070 Poplar Ave, Suite 600 Memphis, TN 38119 Attorneys for Defendant City of Memphis 5/ Marv Elizabeth McKinney Mary Elizabeth McKinney #21597 Godwin Morris Laurenzi Bloom?eld, RC. 50 N. Front St., Suite 800 Memphis, TN 38103 Attorney for Defendants Aufdenkamp and Dyess s/ Jeffrev S. Rosenblum Jeffrey S. Rosenblum #13626 Matthew May #25547 ROSENBLUM REISMAN 6070 Poplar Ave, Suite 550 Memphis, TN 38119 Attorneys for Plaintiffs 5/ Howard Brett Manis Howard Brett Manis #16202 MANIS LAW FIRM 5400 Poplar Ave., Suite 250 Memphis, TN 38119 Attorney for Plaintiffs SETTLEMENT AGREEMENT QED RELEASE RE: SterlingAskew andellviaAskew v. City ofMemphis, et at, No. 4-cv-02080, United States District Court, Western District of Tennessee and -0001 04-1 4, Shelby County, Tennessee, Circuit Court For the mutual consideration and purposes expressed herein, this Settlement Agreement and Release (?Agreement?) is entered into by and between Sterling Askew and Sylvia Askew (collectively ?Askews?), City of Memphis (?City?) and Of?cers Ned Aufdenkamp and Matthew Dyess (collectively ?Defendant Officers?) (City and Defendant Officers collectively ?Defendants?) (all parties collectively ?Settling Parties?). 1. genitals 1.1 In the above-identi?ed lawsuit, Askews ?led a complaint in Shelby County?, TN Circuit Court against City, Defendant Of? cers and Toney alleging federal civil right violations and various acts of state law negligence arising out of Defendant Of?cers? encounter with Steven Askew, deceased. The complaint was removed to the District Court. The District Court retained the federal civil right claims but remanded the state law negligence claims to the Circuit Court. Defendants answered denying liability. was dismissed from the litigation. The Settling Parties engaged in discovery. The Complaint, answers and related ?lings are identi?ed as ?Lawsuit.? 1.2 All claims that are, or could have been, asserted in the Lawsuit by Askews against Defendants are referred to herein as ?Claims in the Lawsuit." 1 .3 The Settling Parties wish to compromise and settle the lawsuit and any and all Claims in the Lawsuit to avoid the uncertainty of litigation. II. Consideration 2.1 City shall pay Askews a total of $587,500.00 as follows: $400,000.00 within thirty (30) days after the entry of the Consent Orders of Dismissal with Prejudice; $89,583.33 by December 15, 2016; and,? ?The parties acknowledge that the payments set forth in paragraph 2.1(b) and represent payments to Je?'rey S. Rosenblum and Rosenblum and Reisman, PC. for fees and expenses and City agrees to make such payments directly to Jeffrey S. Rosenblum or Rosenblum and Reisman, PC on the date outlined in the above paragraphs. 2.2 2.3 2.4 2.5 2.6 $97,916.67 by July 7, 2017. The Settling Parties shall enter into the Consent Orders of Dismissal with Prejudice, copies of which are attached as Exhibits 1 and 2. City shall pay non-discretionary court costs. The Settling Parties shall execute the Agreement. The promises and covenants contained in the Agreement are additional consideration. Askews agree to execute any and all other document(s) and/or take any and I. all other action City deems necessary to effectuate the settlement and/or the Agreement. 2.7 Askews? undersigned counsel, on behalf of their law ?rms and themselves, shall execute the Agreement to verify that this settlement and the Agreement include all claims for attomey?s fees and expenses pursuant to, inter alia, 42 U.S.C. 1988. 2.8 The Settling Parties, their relations and all agents and/or attorneys of the Settling Parties and/or their relations, shall: 3.1 a) keep con?dential the settlement terms of this matter unless ordered to disclose such terms by a court of competent jurisdiction, with the agreement to simply con?rm that the matter has been resolved, if asked; not conduct a press conference to announce the settlement but nothing herein shall prevent the Settling Parties ?'om making general comments about being pleased that the matter has been resolved, if asked about it; and not actively assist other attorneys with regard to their pursuit of pending civil rights matters against City by using con?dential and/or privileged information learned in this matter; however, nothing shall prevent Plaintiffs? attorneys from handling other civil rights matters against City and to represent those clients within the bounds of the rules set forth by the Tennessee Board of Professional ResPonsibility. Dismissals City shall ?le the Consent Orders of Dismissal with Prejudice within ten business days after execution of the Agreement and the Consent Orders of Dismissal with Prejudice. 3.2 Each party shall bear their own attorneys? fees and discretionary costs. IV. Release 4.1 Askews hereby release and forever discharge City and Defendant O?icers, their predecessors, successors, parent entities, subsidiaries, joint venture a?liates, af?liates, stockholders, equity owners, principals, directors, of?cers, employees, investors, members, partners, representatives, trustees, agents, attorneys and assigns, from any and all claims, demands, causes of action, acts, transactions, disputes, omissions, duties, promises, assurances, representations, debts, liabilities, costs, complaints, damages, actions, facts, losses, eXpenses, obligations, occurrences, or lawsuits of any kind or nature, whether now known or unknown, that have in any way arisen from or relate to or were asserted or could have been asserted, in the Lawsuit and/or the Claims in the Lawsuit. This release includes, without limitation, claims at law or equity or sounding in contract (express or implied) or tort, and claims arising under any federal, state, or local laws, of any jurisdiction, except that this release does not release the promises and covenants in the Agreement. V. Other Terms 5.1 Ownership of Claims. Askews represent and warrant that they are the full and sole owners of the Claims in the Lawsuit at the time of the execution of the Agreement and that they have full authority to execute the Agreement. Askews have not assigned to any third party any of their right, title or interest in, or to, any of the Claims in the Lawsuit. 5.2 Informed Understanding. The Settling Parties each represent and warrant to the others that: (1) they are represented by separate counsel of their own choosing in entering into the Agreement; (2) the signatories to the Agreement have legal right, power and authority to execute the Agreement and bind the party for whom that signatory acts; (3) the execution, delivery and performance of the Agreement and the stipulations and terms herein have been duly authorized; and (4) they have read the Agreement. 5.3 Settlement Not an Admission of Liability. Nothing contained herein shall be deemed to be, or construed as, an admission of liability by any of the Settling Parties, either with respect to the Claims in the Lawsuit, other claims, demands, causes of action and/or other matters released above or otherwise. Rather, the Agreement is made by the Settling Parties in order to reasonably and conclusively resolve such matters asserted in, arising from or related to the Lawsuit andlor the Claims in the Lawsuit in view of the inherent uncertainty, expense and risk associated with litigation. 5.4 No Reliance on Representations. The Settling Parties acknowledge and represent that they have not relied upon any representation, either oral or written, made by any party in executing the Agreement, other than those speci?cally set forth herein, and further represent that there have been no representations or inducements of any type or character made by any party other than those speci?cally set forth in writing herein. 3 5.5 Successors and Assigns. The Agreement shall be binding upon, and inure to the bene?t of, the Settling Parties? respective predecessors, successors, parent entities, subsidiaries, joint venture af?liates, af?liates, stockholders, equity owners, principals, directors, of?cers, employees, members, partners, representatives, trustees, agents, attorneys and assigns. 5.6 Amendment. The Agreement may not be altered or amended except by an agreement in writing signed by all of the Settling Parties andfor their successors or assigns. 5.7 Jointly Drafted. The Agreement has been reviewed and/or revised by counsel for the Settling Parties. Accordingly, the Agreement shall be deemed to have been jointly drafted by the Settling Parties for the purposes of applying any rule of contract construction. 5.8 Severability and Interpretation. If any provision of the Agreement is held to be illegal, invalid or unenforceable under any present or future laws, and the deletion of such provision would not'deny any of the Settling Parties the substance of the bene?ts intended to be conferred or received hereunder, such provision shall be fully severable and the Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision, or by its severance. 5.9 Complete Agreement. The Settling Parties agree that the Agreement constitutes the full, ?nal and complete settlement of their differences as described herein, and supercedes all other written or oral exchanges, arrangements or negotiations between thorn concerning the subject matter of the Agreement, the Lawsuit andlor the Claims in the Lawsuit. 5.10 Litigation. If a dispute arises regarding the Agreement, and/or any term thereof, then subject matter jurisdiction, personal jurisdiction and venue shall be proper in the US. District Court, Western District of Tennessee, pursuant to Tennessee and/or Federal law. 5.11 Counterparts. The Agreement may be executed in counterparts and a faxed or emailed signature hereon shall be deemed the same as an original signature. 5.12 Attorneys? Fees. If any Settling Party ?les suit against another Settling Party which is, in any way, connected to the Agreement, the unsuccessful party shall pay to the prevailing party a reasonable sum for attorneys? fees, including the fees and costs of consultants, and whether at trial, appeal or bankruptcy court, all of which shall be deemed to have accrued on the commencement of such action but shall be enforceable only if such action is prosecuted to judgment. 5.13 All Claims. Askews warrant that no other civil action, administrative proceeding or any other complaint has been initiated or ?led regarding the circumstances of the Lawsuit and/or the Claims in the Lawsuit. 5 . 14 Complete Resolution. Askews and their undersigned counsel, the latter for their Law Firms and themselves, agree there is no prevailing party and they shall neither pursue nor assert any 4 right to pursue a claim for attorneys fees and/or expenses pursuant to, inter alia, 42 U.S.C. 1988. AGREED: Date: 7/ 1 ?a By: Wu Sterling Askew] STATE OF TENNESSEE COUNTY OF SHELBY Personally appeared before me, a Notary Public in and for the State and County aforesaid, Sterling Askew, the within named bargainor, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that she executed the within instrument for the purposes therein contained as her ?ee act and deed. WITNESS my hand and of?cial seal mway of My commission expires: I 9 Date: 2'3 STATE OF TENNESSEE COUNTY OF SHELBY Personally appeared before me, a Notary Public in and for the State and County aforesaid, Sylvia Askew, the within named bargainor, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that she executed the within instrument for the purposes therein contained as her free act and deed. WITNESS my hand and of?cial seal new); of 2016. I My commission expires: AGRE Date: Matthew May STATE OF TENNESSEE COUNTY OF SHELBY Personally appeared before me, a Notary Public in and for the State and County aforesaid, Matthew May, the within named bargainor, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that she executed the within instrument for the purposes therein contained as her free act and deed. MyCom . out 1315?? AG Date? (4'6 In 5 STATE OF TENNESSEE COUNTY OF SHELBY Personally appeared before me, a Notary Public in and for the State and County aforesaid, Howard Manis, the within named bargainor, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that she executed the within instrument for the purposes therein contained as her ?'ee act and deed. WITNESS my hand and official seal thisa?ay of otary Public My commission expires: b" q" I t! Bantam STATE OF TENNESSEE COUNTY OF SHELBY Personally appeared before me, a Notaiy Public in and for the State and County aforesaid, Jeffrey Rosenblum, the within named bargainor, with whom I am personally acquainted (or proVed to me on the basis of satisfactory evidence), and who acknowledged that she executed the within instrument for the purposes therein contained as her free act and deed. MTNESS my hand and of?cial seal axial?? of My commission expires: 0" 5' L2 My Comm. Oct. 19. 2016 kuhuller-hjmmity orMunphismsxew. AND AGREED: Data? 2&3 Henry L. Klein STATE OF TENNESSEE COUNTY OF SHELBY Personally appeared before me, a Notary Public in and for the State and County aforesaid, Hemy L. Klein, the within named bargainor, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that she executed the within instrument for the purposes therein contained as her free act and deed. WITNESS my hand and of?cial seal thisl?ay of My commission expires: [0 ?l a! (p MyComm?uph'eS 03.19.2016 . of smmotsamamm AND To: FROM: DATE: RE: LAW OFFICES APPERSON CRUMP PLO 6070 Poplar Avenue, Sixth Floor Memphis, Tennessee 38119 (901) 756-6300 - Facsimile (901) 757-1296 MEMORANDUM OF UNDERSTANDING Jeff Rosenblum, Howrd Menls and Matt May Henry L. Klein. Richard J. Myers July 25, 2016 Askew v. City, at al Plaintiffs, through undersigned cou nest, and Defendants, through undersigned counsel, agree as follows: 1. 2. Defendant. City, shall pay Plaintiffs a total of $587,500.00 as follows: $400,000.00 within thirty (30) days of the entry of the Consent Orders of Dismissal; - 8. $89,583.33. by December 16, 2016; and, 0. $97,916.67 by July 7, 2017. City shall draft all settlement and release documents as well as the Consent Orders of Dismissal with the understanding that all settlement and release documents will be consistent with the terms set forth In this Memorandum of Understanding with no additional material terms added to such documents. WW. . t?u?vtg-m-u n?-nob Memorandum of Understanding July 25. 2016 Pagez of 3 3. City shall enter the Consent Orders of Dismissal. 4. All claims. includingall federal and state claims, against all Defendants shall be dismissed with prejudice at City's cost. - 5. There is no admission of liability and there is no prevailing party. 6. Plaintiffs. their relations and all agents andlor attorneys of Plaintiffs andlor tl1e r_reiations. shall: keep con?dential the settlement terms of this matter unless ordered to disclose such terms by a .court of competent Jurisdiction, With the agreernent to simply confirm that the matte has been resolved it asked: not conduct a press conference to announce the settlement but . nothing in this Memorandum of understanding shall prevent the parties from making general comments about being pleased that the matter has been resolved. if asked about it; and not actively assist other attorneys with regard to their pursuit of pending civil rights matters by using con?dential andfor privileged information learned in this matter: however. nothing shallprevent Plaintiffs' attorneys from handling other civil rights matters against the City and to represent those clients within the bounds of the rules set forth by the Tennessee Board of Professional Responsibility. 7. The City and the Defendant Officers. their relations and all agents andior attomeys of the City and Defendant Of?cers shall likewise agree not to conduct a press conference concerning this settlement andlor to publicize the terms of this settlement except as required by city ordinance or other applicable law. mummies. maximum arme .. . .. ?mum. Memorandum of Understanding July 25. 2016 I Pages of3 8. agreement Includes and thereby precludes any clalm for attorneys 'feas. gusts andIor expenses. ATTORNEYS FOR DEFENDANT H?e?ry L/Idein . Mary haze-?69m MoKlnn?rJ ATTORNEYS FOR PLAINTIFFS Matt May Wanna -u-ngg- - .