Filing To Support Motion To Enforce Settlement.

Case 2:15-cv-00001-TC-PMW Document 52 Filed 11/25/15 Page 1 of 10
HEATHER S. WHITE (7674)

SCOTT YOUNG (10695)
SNOW, CHRISTENSEN & MARTINEAU
Attorneys for Defendants
10 Exchange Place, 11th Floor
Post Office Box 45000
Salt Lake City, Utah 84145
Telephone: (801) 521-9000
Fax No.: (801) 363-0400
hsw@scmlaw.com
rsy@scmlaw.com
IN THE UNITED STATES DISTRICT COURT
STATE OF UTAH, CENTRAL DIVISION
SUSAN HUNT, mother and personal
representative of DARRIEN HUNT, deceased;
CURTIS HUNT; and ESTATE OF DARRIEN
HUNT, by its Personal Representative Susan
Hunt,
DEFENDANTS' SUPPLEMENTAL
BRIEF IN SUPPORT OF THEIR
MOTION TO ENFORCE
SETTLEMENT
Civil No. 2:15CV1 TC
Plaintiffs,
Judge Tena Campbell
vs.
Magistrate Judge Paul M. Warner
MATTHEW L. SCHAUERHAMER;
NICHOLAS E. JUDSON; and the CITY OF
SARATOGA SPRINGS, UTAH,
[FILED UNDER SEAL]
Defendants.
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.
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 July 8, 2015, Ms. Hunt emailed her counsel:
Hi Bob,
I reluctantly will 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 attached
to Defendants' Motion to Enforce Settlement, Doc. #17.
Thank you,
Kindly,
Susan Hunt.
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 settlement:

Bob: It's the 12th of August, 2015. It's 5:06 p.m. We've been talking for about
15 or 20 minutes about all aspects of the case. And I wanted you to repeat [it]
so I have a record of it, 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 with that clause in there, right?
Susan: Yeah.
Bob: Okay, that's a yeah?
Susan: Yes.
Bob: Say it louder.
Susan: I will sign. Yes.
* * *
Bob: But, we should be able to sign a deal tomorrow or Monday. Are you
available tomorrow to come down if we need [you] to?
Susan: Uh, yes, I am.
3
* * *
Bob: In other words, you will hold your nose to sign it, right?
Susan: Yes.
Bob: Now don't get upset, okay? I want you to be happy. This is a good
settlement. 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 like 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.
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 emailed her counsel:
To whom this concerns,

I will not sign this bullshit document releasing Saratoga Springs and the
murdering cops, until I hear back from my advisory council [sic] and Jonathan
Moore, Eric Garners attorney on Monday.
Thank you,
Susan Hunt
5
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 this finds you well.
I feel, Susan, as I write this, like a person who has somehow
disappointed and perhaps lost a good friend. I am bewildered and saddened by
this loss. And I want to apologize and set things right, if possible.
I last talked with you briefly a week ago today, Tuesday, August 18th. I
drove to Rexburg, Idaho that day on another case, and forwarded you various
settlement documents. Judging by your emails and texts that day and since,
something having to do with this has seriously offended you. You have not
called me or sent any significant emails since that time, so I wanted to try to
offer an olive branch and an apology, if I did something wrong.
* * *
I tell you this story again because clients frequently have an inflated
view of what their cases are worth. Generally, clients accept my opinion on
this, having gone through a lot of battles. You did accept my recommendation
that the case be settled for $900,000. We thereafter went forward on that, and
formally accepted their offer to settle for $900,000, with your approval. All that
remained was to sign the Release. We sat in my office and went through it, 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 will help you.
* * *
Very Truly Yours,
Robert B. Sykes
8.25.15 Letter, Exh. AA.

6
21.
On August 28, 2015, Ms. Hunt emailed Mr. Sykes and stated, "I'm sorry, but
your services are no longer needed. Please indicate the time and location for one of my
representatives to pick up the file." 8.28.15 Email, 10:53 a.m., Exh. BB.
22.
Later that day, Mr. Sykes responded, stating, "I will also be filing an attorney's
lien for a contingent fee on the $900,000 settlement offer 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.
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
8
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 11-23-2015
Heather S. White
Scott Young
Attorneys for Defendants
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. Sykes
Rachel L. Sykes
SYKES McALLISTER LAW OFFICES
311 South State Street, Suite 240
Attorneys for Susan Hunt and the Estate of Darrien Hunt
Karra J. Porter
Scott T. Evans
CHRISTENSEN & JENSEN
257 East 200 South, Suite 1100
Attorneys for Curtis Hunt
Paul Lydolph III
Lydolph & Weierholt
2975 W. Executive Suites Parkway, Ste. 168
Lehi, UT 84043
Shean D. Williams
Sam Starks
THE COCHRAN FIRM - ATLANTA
127 Peachtree Street
Atlanta, GA 30303
Attorneys for Susan Hunt and the Estate of Darrien Hunt
/s/ Annette Gamero

10
Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 1 of 24
Exhibit A
Exhibit B

Annette D. Gamero
From:
Sent:
To:
Cc:
Subject:
Robert Sykes [bob@sykesmcallisterlaw.com]

Monday, July 13, 2015 7:29 PM
Heather S. White
Karra Porter
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, PLLC
311 South State Street Suite 240
Salt Lake City, Utah 84111-2320
[o] 801-533-0222 [f] 801-533-8081
[h] 801-531-7730 [c] 801-580-5599
email: bob@sykesinjurylaw.com
[Practice concentrating in Personal
Injury, Medical Malpractice, Product
Liability, Brain & Spinal Cord Injury,
and Civil Rights Litigation]
"Rob not the poor, because he is poor: neither
oppress the afflicted in the gate: For the Lord
will plead their cause, and spoil the soul of those
that spoiled them." Proverbs 22:22-23.
From: Heather S. White [mailto:hsw@scmlaw.com]

Sent: Monday, July 13, 2015 5:21 PM
To: 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 84111
Direct: 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 intended
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 received this communication in error, do not
1

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 C

Annette D. Gamero
From:
Sent:
To:
Subject:
Attachments:
Heather S. White
Friday, August 07, 2015 5:07 PM
Karra Porter; Robert Sykes
Hunt v. Saratoga Springs
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.
Exhibit D

Annette D. Gamero
From:
Sent:
To:
Cc:
Subject:

Monday, August 17, 2015 5:12 PM
Heather S. White
PORTER, Karra (karra.porter@chrisjen.com)
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
[o] 801-533-0222 [f] 801-533-8081
[h] 801-531-7730 [c] 801-580-5599
"I consider trial by jury as the only anchor ever yet

imagined by man, by which government can be held
to the principles of its constitution."
Thomas Jefferson, 1789
Exhibit E

Annette D. Gamero
From:
Sent:
To:
Cc:
Subject:
Heather S. White
Tuesday, August 18, 2015 10:03 AM
Robert Sykes
PORTER, Karra (karra.porter@chrisjen.com)
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:bob@sykesmcallisterlaw.com]
Sent: Monday, August 17, 2015 5:12 PM
To: Heather S. White
Cc: PORTER, Karra (karra.porter@chrisjen.com)
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
[o] 801-533-0222 [f] 801-533-8081
[h] 801-531-7730 [c] 801-580-5599

Exhibit F

Annette D. Gamero
From:
Sent:
To:
Cc:
Subject:
Jacquie Smith [jacquie@sykesmcallisterlaw.com]

Tuesday, August 18, 2015 10:42 AM
Heather S. White
karra.porter@chrisjen.com; Robert Sykes
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 Porters firm and Bob Sykess 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 firms
tax id number.
Sincerely,
Jacquie
From: Robert Sykes
Sent: Tuesday, August 18, 2015 10:32 AM
To: Jacquie Smith <jacquie@sykesmcallisterlaw.com>
Subject: Fwd: Documents
Sent from my iPhone

Begin forwarded message:
From: "Heather S. White" <hsw@scmlaw.com>
Date: August 18, 2015 at 10:02:45 MDT
To: Robert Sykes <bob@sykesmcallisterlaw.com>
Cc: "PORTER, Karra (karra.porter@chrisjen.com)" <karra.porter@chrisjen.com>
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.


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

The information contained in this e-mail and any attachments are confidential and solely for the use of the
intended recipient. If the intended recipient is our client, then this information is also privileged attorneyclient 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, so that our address record can be corrected.
Thank you.
Exhibit G

Annette D. Gamero
From:
Sent:
To:
Cc:
Subject:

Tuesday, August 18, 2015 1:01 PM
Heather S. White; PORTER Karra
Jacquie Smith
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 <hsw@scmlaw.com> 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 firms name will not be on the check? Thanks.
<image002.png> 10 Exchange Place, 11th Floor | Salt Lake City, Utah 84111
From: Jacquie Smith [mailto:jacquie@sykesmcallisterlaw.com]

Cc: karra.porter@chrisjen.com; Robert Sykes
Subject: 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 Porters firm and Bob Sykess 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 firms tax id number.
Sincerely,
Jacquie
From: Robert Sykes
Sent from my iPhone

Cc: "PORTER, Karra (karra.porter@chrisjen.com)" <karra.porter@chrisjen.com>
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.

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

The information contained in this e-mail and any attachments are confidential and solely
for the use of the intended 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 received this communication in
2

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 H

Annette D. Gamero
Heather S. White
PORTER Karra
Fwd: Hunt v. City of Saratoga Springs
From:
Sent:
To:
Cc:
Subject:
Heather:
The Tax ID you should use is set forth below: 47-1839052. Thx, RBS
Sent from my iPhone
From: Robert Sykes <bob@sykesmcallisterlaw.com>
To: "Heather S. White" <hsw@scmlaw.com>, PORTER Karra <karra.porter@chrisjen.com>
Cc: Jacquie Smith <jacquie@sykesmcallisterlaw.com>
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 firms name will not be on the check?
Thanks.
From: Jacquie Smith [mailto:jacquie@sykesmcallisterlaw.com]

Cc: karra.porter@chrisjen.com; Robert Sykes
Subject: 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 Porters firm and Bob
Sykess 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 firms tax id number.
Sincerely,
Jacquie
From: Robert Sykes
Sent from my iPhone

Cc: "PORTER, Karra (karra.porter@chrisjen.com)"
<karra.porter@chrisjen.com>
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.

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
2

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

The information contained in this e-mail and any attachments are

confidential and solely for the use of the intended 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 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.
Exhibit I

Annette D. Gamero
From:
Sent:
To:
Subject:
Karra Porter [karra.porter@chrisjen.com]

Heather S. White; Robert Sykes
RE: Hunt v. City of Saratoga Springs
Heather,
1.
Darn it, the line about While the Utah County Attorneys 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 partys position or
perception, which is what we were asked to limit our statement to (Darriens family believes that). If that
language cant 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: Darriens family believes that Darriens 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 party
to this release makes a disparaging comment about Claimants *or Darrien Hunt*,
Karra
801.323.5000
801.386.6621 (cell)

Sent: Tuesday, August 18, 2015 12:56 PM
To: Robert Sykes; Karra Porter
Subject: 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 Darriens 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 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 Plaintiffs press release to the media. 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 delete
the original message and any backup copies from your system. Thank you.
Exhibit J

Annette D. Gamero
From:
Sent:
To:
Subject:
Heather S. White
RE: Hunt v. City of Saratoga Springs
What about the language in red below instead?

From: Karra Porter [mailto:karra.porter@chrisjen.com]
To: Heather S. White; Robert Sykes
Subject: RE: Hunt v. City of Saratoga Springs
Heather,
1.
Darn it, the line about While the Utah County Attorneys 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 partys position or
perception, which is what we were asked to limit our statement to (Darriens family believes that). If that
language cant 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: Darriens family believes that Darriens death was not
justified, and that these incidents should be investigated by disinterested parties the Utah County Attorneys
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.
1

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 Darriens 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 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 Plaintiffs press release to the media. Thank you.

Exhibit K

Annette D. Gamero
Heather S. White
From:
Sent:
To:
Cc:
Subject:
We agree
Sent from my iPhone


Heather,
1.
Darn it, the line about While the Utah County Attorneys 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 partys position or perception, which is what we were asked to
limit our statement to (Darriens family believes that). If that language cant 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: Darriens family believes that Darriens death was
not justified, and that these incidents should be investigated by disinterested parties the Utah
County Attorneys 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)
1

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 Darriens 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 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 Plaintiffs press release
to the media. Thank you.
Thank you.
WARNING DISCLAIMER- LEGAL CONFIDENTIALITY NOTICE This electronic mail

message contains confidential information intended only for the use of the individual or entity
2

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

Annette D. Gamero
Heather S. White
Robert Sykes
image004.png
From:
Sent:
To:
Cc:
Subject:
Attachments:
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 <hsw@scmlaw.com> wrote:

Heather,
1.
Darn it, the line about While the Utah County Attorneys 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 partys position or perception, which is what we were asked to
limit our statement to (Darriens family believes that). If that language cant 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: Darriens family believes that Darriens death was
not justified, and that these incidents should be investigated by disinterested parties the Utah
County Attorneys 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.
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 Darriens 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 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 Plaintiffs press release
to the media. Thank you.
Thank you.
2
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 delete the
original message and any backup copies from your system. Thank you.

Exhibit M

Annette D. Gamero
From:
Sent:
To:
Subject:
Attachments:
Heather S. White
Robert Sykes; Karra Porter
Hunt v. City of Saratoga Springs
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 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.
Thank you for your patience and working through these issues with me. We are almost there.
Exhibit N

Annette D. Gamero
From:
Sent:
To:
Subject:
Attachments:
Heather S. White
FW: Hunt v. City of Saratoga Springs
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. White
To: Robert Sykes; 'Karra Porter'
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 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.
Exhibit O

Annette D. Gamero
From:
Sent:
To:
Cc:
Subject:

Heather S. White
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 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 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.

1

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

Annette D. Gamero
Robert Sykes
Heather S. White
image001.png; image002.png
From:
Sent:
To:
Cc:
Subject:
Attachments:
Agreed
Dictated via iPhone
Karra
801-323-5000
801-386-6621 (cell)
On Aug 18, 2015, at 5:57 PM, Robert Sykes <bob@sykesmcallisterlaw.com> 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 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 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.
The information contained in this e-mail and any attachments are confidential and solely
for the use of the intended 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 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 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 acknowledge
receipt of the sum of Nine Hundred Thousand Dollars and No/100 ($900,000.00). In
consideration of said sum, Claimants hereby release and forever discharge the City of Saratoga
Springs, 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 which
now exist or which may hereafter accrue, because of, for, arising out of or in any way connected
with the incident that occurred on September 10, 2014, detailed in the files and records of the
United 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 not
limited 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 arising
from 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 other
employment capacity, claims for loss of association, services, society or consortium claims,
claim for attorneys fees, claims for property damage of any kind or character, claims for mental
disorders, 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 claims
whatsoever in any way relating to the Incident.
CLAIMANTS UNDERSTAND AND AGREE THAT THE INCIDENT MAY HAVE
LED TO INJURIES OR DAMAGES, THE EXISTENCE AND CONSEQUENCE OF WHICH
ARE UNKNOWN BUT WHICH MAY BECOME KNOWN IN THE FUTURE. CLAIMANTS,
NEVERTHELESS, INTEND TO AND DO RELEASE ALL CLAIMS FOR ALL INJURIES OR
DAMAGES, WHETHER NOW KNOWN OR UNKNOWN, AND WHETHER NOW IN
EXISTENCE OR HEREAFTER TO ARISE.
Claimants understand and agree that payment of said sum is made for the purpose of
compromising a disputed claim and shall not be construed as an admission of liability since any
liability is denied.
Claimants agree that they will not defame or disparage Releasees. Claimants also agree
that they shall not publicly disparage Releasees or Releasees practices, policies, personnel or
otherwise communicate about Releasees, their practices, policies or personnel in a defamatory or
disparaging manner in any medium or to any person or entity without limitation in time and they
will not encourage or condone others doing so. Claimants agree to limit their statements
regarding the Incident, the action filed 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
Attorneys investigation of the Incident, the Department of Justices 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 or
disparaging manner in any medium or to any person or entity without limitation in time and they
will not encourage or condone others doing so. Releasees agree to limit their statements
regarding the Incident, the action filed 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
Attorneys investigation of the Incident, the Department of Justices 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 the
Press Release attached hereto as Exhibit 2 and shall not object to the distribution of such Press
Release. Claimants and Releasees agree they will make no public statements other than those
contained in the Press Releases attached as Exhibits 1 and 2 relating to the Incident, the action
filed 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 Attorneys investigation of the Incident, the
Department of Justices investigation of the Incident, or the settlement agreed upon in this
Release.
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 of
the non-disparagement provision and/or confidentiality provision of this Release, the nonbreaching parties shall have the right to monetary relief, regardless of the number of instances of
alleged breaches. If a person or entity not a party to this release makes a disparaging comment
about Releasees, Releasees shall have the right to publicly respond to such comments in a nondisparaging manner without being found to have breached the non-disparagement and/or
confidentiality provisions of this Release. Claimants shall not have the opportunity to publicly
respond to any statements made by Releasees under such circumstances. If a person or entity not
a party to this release makes a disparaging comment about Claimants or Darrien Hunt, Claimants
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/or confidentiality provisions of this
Release. Releasees shall not have the opportunity to publicly respond to any statements made by
Claimants under such circumstances.
Releasees further agree they will not object to a request by the Hunt family to the Utah
County Attorney to release Darrien Hunts personal effects.
Page 2 of 5
Claimants warrant that all outstanding liens of any kind arising from claims Claimants
have asserted as a result of the Incident have been or will be satisfied with the funds received in
exchange for this Release. Claimants further represents that neither they, Darrien Hunt, nor any
dependent (or former dependent) family member is presently eligible for or has ever been
enrolled in or received benefits under Medicare or Medicaid. Claimants 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 Claimants have
asserted as a result.
CLAIMANTS FURTHER STATE THAT THEY HAVE CAREFULLY READ THE
FOREGOING RELEASE OF ALL CLAIMS, KNOW THE CONTENTS THEREOF, HAVE
CONSULTED WITH THEIR ATTORNEY CONCERNING THE CONTENTS THEREOF
AND SIGN THE SAME AS THEIR OWN FREE ACT.
DATED this
day of September, 2015.
Susan Hunt, personally and has representative

of Darrien Hunt
STATE OF
: ss.
COUNTY OF
day of September, 2015, personally appeared before me, Susan Hunt, who
On the
duly acknowledged to me that she executed the foregoing Release of All Claims and upon her
oath, duly acknowledged to me that she executed the same as her own free act and deed.
NOTARY PUBLIC
Residing at:
My Commission Expires:
Notary and Uounsui 01 uke

United States Navy under the authority of
lim
Scis si i)04n4a
DATED this 15.4/1 day of September, 20!1to ni
ZdVS
Curtis Hunt
STATE OF
: ss.
COUNTY OF WITH THE U1)41TED STATES ARMED
POKES AT YOKOSUKA, MON (ASS,
On the 10 day of September, 2015, personally appeared before me, Curtis Hunt, who
duly acknowledged to me that he executed the foregoing Settlement Agreement and Release of
All Claims and upon his oath, duly acknowledged to me t he executed the same as his own
ael.-atict deed.
ARY PUBIF
Residing at:
/ 04 5'4)44. / ,J/4P471
My Commissi6nExpires:
DATED this
day of September, 2015.

THE ESTATE OF DARRIEN HUNT
By Susan Hunt
Personal Representative of the
Estate of Darrien Hunt
STATE OF
:SS.
COUNTY OF
Before me, the undersigned notary, personally appeared Susan Hunt, to me known to be
the person who signed the foregoing instrument, who did duly acknowledge under oath that the
information contained therein is true and correct and that she executed the same on behalf of, and
with full power and authority to bind the above-named signatory.
SUBSCRIBED AND SWORN TO BEFORE ME this _ day of September, 2015.
Notary Public
Residing at:
Page 4 of 5
DATED this
day of August, 2015.

CITY OF SARATOGA SPRINGS
By Mark Christensen
City Manager
STATE OF
)j
COUNTY OF /,/t
Before me,the undersigned notary, personally appeared Mark Christensen, to me known

to be the person who signed the foregoing instrument, who did duly acknowledge under oath that
the information contained therein is true and correct and that he executed the same on behalf of,
and with full power and authority to bind the above-named signatory.
SUBSCRIBED AND SWORN TO BEFORE ME this
day of August, 2015.
Notar~lublic
Residihg at:
LORI A. YATES
voTARYPUBUC-STATE OF UTAH
3MMISSION# 6507n
COMM. EXP. 12-02-20
Page 5 of 5
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, Darriens family believes that Darriens
death was not justified and that the Utah County Attorneys 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 body
cameras. 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 Darriens 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 Floor
Main: 801.521.9000
www.scmlaw.com
Heather S. White
LAWYER
Direct: 801.322.9125
Cell: 801.201.7220
hsw@scmlaw.com
PRESS RELEASE
Today the family of Darrien Hunt, the City of Saratoga Springs, and its officers settled the
lawsuit related to Mr. Hunts death for $900,000. The City and the officers involved in the
incident dispute the Hunt familys claims that the officers acted inappropriately, including the
familys allegations that Mr. Hunt was shot in the back while on the ground and that he was
targeted 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 Attorneys Office concluded
the shooting was justified, the current climate surrounding law enforcement makes defending
civil rights cases costly and risky, even with favorable facts. The Citys insurance carrier and the
City determined that settling the case removes that risk. It additionally provides closure and
allows all parties - the Hunt family, the City and the officers - a chance to heal and move on from
this very public, emotionally-charged case.
Settlement of the Hunt familys claims will allow the City and the officers to continue to direct
their time and energy toward serving the citizens of Saratoga Springs in a positive manner. The
City and the officers again express their condolences to the Hunt family for their loss and wish
them 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 the
incident or the facts and circumstances surrounding it.
Exhibit R

Annette D. Gamero
From:
Sent:
To:
Subject:
Heather S. White
Friday, August 21, 2015 12:14 PM
Hunt v. City of Saratoga Springs
I have the settlement check.

Exhibit S

Annette D. Gamero
From:
Sent:
To:
Subject:
Heather S. White
Wednesday, September 02, 2015 4:57 PM
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

Filing To Support Motion To Enforce Settlement.

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

HEATHER S. WHITE (7674)

[FILED UNDER SEAL]

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

On July 8, 2015, Ms. Hunt emailed her counsel:

Case 2:15-cv-00001-TC-PMW Document 52 Filed 11/25/15 Page 3 of 10

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

agreed to the settlement:

Case 2:15-cv-00001-TC-PMW Document 52 Filed 11/25/15 Page 4 of 10

That same afternoon, Ms. Hunt texted her counsel:

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

Case 2:15-cv-00001-TC-PMW Document 52 Filed 11/25/15 Page 5 of 10

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

Release. See Release, Exh. Q.

On August 20, 2015, Ms. Hunt emailed her counsel:

To whom this concerns,

Case 2:15-cv-00001-TC-PMW Document 52 Filed 11/25/15 Page 6 of 10

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

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

8.25.15 Letter, Exh. AA.

Case 2:15-cv-00001-TC-PMW Document 52 Filed 11/25/15 Page 7 of 10

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

28, 2015. See Doc. #15, 1.

See Doc. #15.

September 18, 2015. See Doc. #16.

Case 2:15-cv-00001-TC-PMW Document 52 Filed 11/25/15 Page 8 of 10

MS. HUNT GAVE HER COUNSEL AUTHORITY TO SETTLE ON JULY

MS. HUNT ACCEPTED THE SETTLEMENT.

Case 2:15-cv-00001-TC-PMW Document 52 Filed 11/25/15 Page 9 of 10

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

/s/ Annette Gamero

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

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

Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 3 of 24

Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 4 of 24

Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 5 of 24

Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 6 of 24

Robert Sykes [bob@sykesmcallisterlaw.com]

Sorry we missed each other.

From: Heather S. White [mailto:hsw@scmlaw.com]

Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 7 of 24

Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 8 of 24

Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 9 of 24

Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 10 of 24

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

Robert Sykes [bob@sykesmcallisterlaw.com]

"I consider trial by jury as the only anchor ever yet

Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 12 of 24

Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 13 of 24

"I consider trial by jury as the only anchor ever yet

Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 14 of 24

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

Jacquie Smith [jacquie@sykesmcallisterlaw.com]

Sent from my iPhone

Heather S. White | Lawyer

Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 16 of 24

"I consider trial by jury as the only anchor ever yet

Case 2:15-cv-00001-TC-PMW Document 52-1 Filed 11/25/15 Page 17 of 24