Cristini v. City of Warren

30 F. Supp. 3d 665, 2014 WL 3400471, 2014 U.S. Dist. LEXIS 96831
CourtDistrict Court, E.D. Michigan
DecidedJuly 7, 2014
DocketCase No. 07-11141
StatusPublished
Cited by1 cases

This text of 30 F. Supp. 3d 665 (Cristini v. City of Warren) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cristini v. City of Warren, 30 F. Supp. 3d 665, 2014 WL 3400471, 2014 U.S. Dist. LEXIS 96831 (E.D. Mich. 2014).

Opinion

OPINION AND ORDER ON MOTIONS TO DETERMINE ATTORNEY’S LIEN

DAVID M. LAWSON, District Judge.

Before the Court are cross motions filed by lawyers who represented plaintiff Michael Cristini at one time or another seeking a share of the attorney’s fee generated by the settlement in this civil rights case. Cristini brought this lawsuit against the City of Warren, certain police detectives, and others after he was wrongfully convicted of rape. The issues raised by the motions parallel those in the related case involving Jeffrey Moldowan, who was charged in state court, convicted, and later exonerated along with Cristini. As in the Moldowan case, Cristini hired attorney Dennis Detmer to represent him. Detmer filed the case and conducted extensive work for about two-and-a-half years before he retired — temporarily, as it turns out. Detmer referred the Moldowan and Cristi-ni cases to attorney Thomas Lizza, who was working at the time at the firm of Fieger, Fieger, Kenney & Giroux, P.C. (“the Fieger Firm”). -The Feiger Firm signed a contingent fee agreement with Cristini, and in a separate agreement promised to pay Detmer a one-third referral fee. And as in the Moldowan case, Cristini fired the Feiger Firm and rehired Detmer to finish his case, along with attorneys Lizza, Paul Broschay, and Michael Deszi, who by then had left the Feiger Firm. Feiger was substituted out of the case and asserted a lien for fees and costs. It appears that the coasts have been reimbursed.

The Feiger Firm argues here, as it did in the Moldowan case, that it is entitled to the lion’s share of the attorney’s fee from the $1.5 million settlement. It repeats the arguments made in Moldowan and reject[668]*668ed earlier by this Court in that case, which was affirmed by the Sixth Circuit. Moldowan v. City of Warren, 559 Fed.Appx. 435 (6th Cir.2014). Predictably, the outcome here will be the same: the Feiger Firm will received a share of the fee based on quantum meruit, calculated using the lodestar method approved by the applicable Michigan cases. Presumably anticipating .this outcome, the Feiger Firm has come up with an “estimate” of the amount of work performed on the Cristini file while it was at that firm. The Court heard testimony on that calculation from the Fieger Firm’s witness and finds it unreliable. The better evidence of the work performed on that file while it was essentially parked at the Feiger Firm comes from the attorneys who actually did the work, who are the same lawyers who finished the job: Dettmer and the lawyers who worked on thé case after they left the Feiger Firm.

I.

The case arises out of Jeffrey Moldow-an’s and Michael Cristini’s convictions for rape and kidnaping. Both convictions were overturned and both Moldowan and Cristini were subsequently retried and acquitted of all charges. In approximately May 2004, Moldowan and Cristini retained Dennis Dettmer to file a civil rights lawsuit and signed a contingent fee agreement with him. Dettmer filed a complaint against the City of Warren and Detective Ingles on March 15, 2007, among others, alleging that the defendants withheld exculpatory evidence and engaged in malicious prosecution.

Dettmer represented Cristini from approximately May 2004 until January 2009 when he (temporarily) retired from the practice of law. During that time, Dett-mer handled all of the discovery in the Moldowan and Cristini cases, which were conducted jointly for a period of time. Dettmer also resisted the defendants’ motions for summary judgment in Moldowan and filed appellate briefs in the Sixth Circuit after the Warren defendants and defendant Alan Warnick sought interlocutory review on their qualified immunity claims. Discovery, pleadings, correspondence, and research in the two cases filled 35 banker boxes. Dettmer says he spent more than $50,000 in expenses litigating Cristini and Moldowan during that period.

Before retiring, Dettmer referred the Cristini and Moldowan cases to Thomas Lizza, an attorney then employed by the Fieger Firm. Dettmer and Lizza signed a referral agreement in which Dettmer agreed to a twenty-five percent referral fee for the Cristini case and reimbursement of all his costs. Dettmer confirmed the referral in a January 17, 2009 letter to Cristini and informed Cristini that the Fieger Firm would ask him to sign a new fee agreement. Cristini signed a contingency fee contract with the Fieger Firm on April 24, 2009, in which he agreed that the Fieger Firm would receive one-third of the net recovery. Paragraph 11 of the contingency fee agreement included this language:

In the event the Firm is discharged by the Client(s) without cause or in the event that the Firm terminates its services due to some occurrence which is not the fault of the Firm’s [sic], the contingency fee portion of ths [sic] agreement will be held for naught and that the Firm will be entitled to a fee based on quantum meruit. It is specifically agreed by the Client(s) that the Firm shall have a lien against any sum recovered to the extent of said costs or expenses as indicated in Paragraph 4 herein which are incurred by the Firm, and that said lien is to be granted a preference, to the extent permitted by law, over any other liens or obligations [669]*669which may be satisfied from said recovery.

Contract for Legal Representation, dkt. # 203-6, at 2.

In January 2009, Lizza replaced Dett-mer as counsel of record, and on February 19, 2009, Paul Broschay filed a notice of appearance. Soon thereafter, the City of Warren defendants filed a motion to stay Cristini pending the Sixth Circuit decision on the interlocutory appeals in Moldowan. Judge Anna Diggs Taylor, to whom the case was assigned originally, granted the defendants’ motion to stay the case on February 24, 2009.

On October 26, 2010, Lizza filed a motion to lift the stay after the Sixth Circuit issued its decision in Moldowan, which Judge Taylor granted on November 18, 2010. On November 22, 2010, the case was reassigned to the undersigned after Judge Taylor retired. The Court held a status conference on January 11, 2011, which Lizza and Broschay attended on behalf of Cristini. There was no activity in the case between January and May 2011 (except for a stipulation dismissing defendant Maureen Fournier), because Cristini was being prosecuted in another criminal case, and the parties wanted to await the outcome, which could have shed light on whether the present case was worth pursuing. Cristini was acquitted in that case, and this lawsuit emerged from its dormancy when the Court held a status conference on May 12, 2011.

In that same month, Cristini discharged the Fieger Firm after many of their litigation attorneys (including Lizza, Broschay, and Michael Deszi) decided to leave the firm. Cristini then re-engaged the services of Dettmer, who agreed to come out of retirement to assist with the Cristini litigation. Dettmer retained the assistance of Broschay, Lizza, and Dezsi, who had all left the Fieger Firm by that time. The Court substituted Dennis Dettmer and the law firm Dennis A. Dettmer, PLLC as counsel of record in the place of the Fieger Firm on June 9, 2011; Bros-chay and Dezsi filed notices of appearance on behalf of Cristini on June 29, 2011.

The Fieger Firm filed its notice of lien on June 20, 2011.

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Bluebook (online)
30 F. Supp. 3d 665, 2014 WL 3400471, 2014 U.S. Dist. LEXIS 96831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cristini-v-city-of-warren-mied-2014.