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Two down, one to go for K-Mart settlement

It’s almost over.

Two of three remaining plaintiffs with legal claims against the city and former Houston police chief C.O. “Brad” Bradford for alleged civil rights violations during a botched raid almost six years ago have reached settlements.

Houston lawyer Michael Kerensky notified U.S. District Judge Nancy Atlas late Wednesday about the deals.

Now, with the exception of one plaintiff who cannot be located, the lawsuits filed by dozens of people arrested by Houston police during a 2002 street racing raid at a Kmart parking lot have been resolved.

[…]

Monday morning, Atlas approved the 11th-hour settlements for all but three plaintiffs. At that time, there was no deal for Wassim George Matta as well as two other plaintiffs who had not been located. Atlas on Monday agreed to put off jury selection in Matta’s case until April 22. Since then, Matta and Ryan Grenwelge have settled, but lawyers are still trying to locate a man named George Mui.

Okay, so what happens if he can’t be found? Does the settlement get entered and then put into escrow or something until he can be located, or does his case get dismissed? And how long do his attorneys have to find him before some action gets taken one way or the other?

I presume this is a situation where he took a trip without leaving contact information for his attorney, and not that he’s really unfindable. Even if that is the case, I’m a little surprised at the lack of communication between him and his attorney. You lawyers out there, is this unusual, or more common than I thought? Thanks.

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One Comment

  1. Antinome says:

    Relatively common actually, especially in a mass case like this.

    How long they have to find him will be pretty much up to the judge. If the judge calls it to trial, theoretically the plaintiffs counsel can go forward without their client present, but kind of hard to win if there is no one to testify.