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Elaine Steel, Personal Representative of the Estate of Rosa Parks, Plaintiff-Appellee, v. Gregory J. Reed and Associates, P.C., Movant-Appellant, (2020)

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United States Court of Appeals, Sixth Circuit.

Rosa PARKS, deceased, Plaintiff, Elaine Steel, Personal Representative of the Estate of Rosa Parks, Plaintiff-Appellee, v. LAFACE RECORDS, et al., Defendants, Gregory J. Reed and Associates, P.C., Movant-Appellant,

No. 19-2122

Decided: April 08, 2020

BEFORE: NORRIS, DAUGHTREY, and LARSEN, Circuit Judges. Steven A. Finegood, Law Offices, Southfield, MI, for Appellant Steven G. Cohen, Attorney, Cohen & Associates, Farmington Hills, for Plaintiff - Appellee

ORDER

This appeal is before us following a remand to the district court for purposes of clarification, which the district court has provided. Gregory Reed had filed a motion in the district court seeking to renew a judgment entered there in August 2007, mandating payment of litigation costs to Reed as provided in a 2005 settlement agreement reached by the parties to the original litigation. It was Reed's position that he had never been paid the amount of $125,000 called for in both the 2005 settlement agreement and the 2007 order by the district court. There was nothing in the record before us to prove or disprove Reed's allegation.

On remand, the district court promptly convened a conference with the parties, augmented the record, and—as it had earlier—denied Reed's motion to renew the 2007 judgment as futile.

The record now establishes that on August 10, 2005, the district court approved the allocation of $125,000 in costs to Reed, and that on August 25, 2005, he was issued a check for that amount, plus an additional $91,299.33 in attorney's fees. The check, made out to Gregory J. Reed & Associates, P.C., was deposited on August 30, 2005. The district court correctly held that Reed's motion to renew was futile. Reed's arguments on appeal to the contrary are meritless.

AFFIRMED.

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