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Orders were drafted, presented, and executed by the judges in both cases. James Theurer advised, by formal letter, that the United States government would not appeal either ruling. Thus, Rima Al-Baklavi and Miguel and Mary Carmen Gonzalez would soon become citizens of the United States of America. With the deportation concerns behind his courtroom weary clients, Zachary Blake could now charge, full-tilt, into his quest for civil justice for the Gonzalez family.
Stu Frazier and Harry Rosen came on board, and the four lawyers agreed to meet to establish mediation protocol. The meeting was held at the U.S. Attorney’s office downtown. The combatants and mediators decided to conduct the mediation in a quasi-trial format. The Law Offices of Zachary Blake featured a small courtroom, which the firm used for training and mock trials. Zachary offered unlimited use of the courtroom for the mediators to examine witnesses, hear evidence, and conduct negotiations.
Frazier and Rosen set up shop in the mini-courtroom and went to work. Negotiations commenced immediately, and it became clear that Dan Wolfe was true to his word. The Gonzalez family was brought in to tell the mediators their heartbreaking story. Government representatives were grilled on policy, implementation, and what went wrong. Micah Love, Reed Spencer, and the two actor/investigator ‘generals’ were questioned. The directors of the various detention centers were also interviewed via Zoom conference to provide a government perspective on the need for these centers. El Paso city officials, editors, and reporters from the El Paso Times, as well as high profile protestors and celebrities were also interviewed by Zoom, to educate the mediators on conditions at the El Paso Detention Center. Emma and Emilio described what it was like to live and work at the Center for months. The witnesses did not paint a pretty picture, and the value of the case increased with each one’s testimony.
The lawsuit’s progress was reported in the national press. Zach began to hear from attorneys representing families and children all over the country who wanted to join the lawsuit. Zack went before the federal court judge assigned the case, Leonard Mendoza, and asked for multi-district status. Mendoza readily granted Zack’s request, making Miguel, Mary Carmen, Emma, and Emilio lead plaintiffs in a multi-state, multi-district court action. Over the weeks and months of a lengthy mediation process, the litigation’s scope reached over forty states.
Evidence began pouring into the little mini-courtroom where Stu Frazier and Harry Rosen conducted the evidentiary portion of the mediation process. The stories were remarkably similar, raids on places of employment, kids ripped from the arms of their parents, children piled into planes, trains, and buses and whisked away to detention centers. Some of these children had still not been reunited with their parents.
Stu and Harry decided to create a damages grid, placing children and parents into categories based on their experiences. The harsher the experience, the higher tier the grid placement was for parents and children. In the end, Stu Frazier, Harry Rosen, Zack Blake, Dan Wolfe, and other prominent trial attorneys with multiple clients negotiated ten levels of potentially awardable damages. After the grid was constructed, attorneys were advised to determine their clients’ appropriate grid and be prepared to make an offer of proof that they chose correctly. Zack, for instance, appropriately placed the Gonzalez family in the higher tiers. All of this was done under the supervision of Judge Mendoza and his subordinate team of judges.
Once all plaintiffs were placed in their appropriate place on the grid, the mediators and attorneys now faced the difficult task of assigning the amount of money damages to the particular category. Obviously, ten would be the highest damage category and one the lowest. If a plaintiff didn’t like their negotiated place on the grid or damages level assigned, they could opt out of the multi-district litigation and go it alone. That plaintiff might get more or less than the assigned grid amount, and it could take years and multiple appeals to resolve the case. Only a small handful of plaintiffs decided to go it alone, which pleased Dan Wolfe. His main goal in encouraging the mediation and multi-district process was to achieve specificity of damages and immediate closure, something these negotiated grids and damages assignments made a reality.
After all of the grid categories and damages award amounts were settled upon by the lawyers and the mediators, CPAs, and financial planners were brought to calculate the gross amount necessary to compensate all the victims. Adult victims could choose between a present value cash award or an annuity/structured settlement that paid less money now, but larger, aggregate amounts over time. Judge Mendoza mandated, by court order, that children under the age of eighteen be compensated via structured settlement to protect the children from possible predatory parents or guardians. In the end, the global settlement fund was ten billion dollars.
With most civil litigation, plaintiff attorneys charge a contingency fee, most often one-third of the recovery. Zack and the others wanted fees in this case to be paid by the defendants, not by their clients. Another contentious negotiating battle was waged over three point three billion dollars in attorney fees. Wolfe and his team pushed back, arguing that every plaintiff case since the origins of the contingency fee had required plaintiffs to pay their own fees unless otherwise ordered by the judge.
Zachary threatened to go to Mendoza and seek an order for attorney fees, which, he argued, might be higher than the current asking price. In the end, a compromise was reached. The defendants would pay the mediators’ bills and expenses and kick in another two billion for attorney fees. The attorneys could take their appropriate share as payment in full or bill their clients for the difference. As lead attorney for the litigation, Zack’s full cost outlay would be reimbursed. Further, all subordinate attorneys unanimously voted to increase Zack’s clients’ compensation and his respective fees to level eight. The ‘bump’ was provided in reward for filing and strategizing the virgin civil lawsuit, securing the mediators and multi-district status, providing premises for the mediators to conduct negotiations, and bringing the original immigration case that set standards for membership in the litigation.
When the dust settled, after almost fifteen months of arduous mediation and numerous court appearances, the Gonzalez family and all members of the class were fairly compensated. Zack recovered his expenses and attorney fees. Miguel and Mary Carmen were simple people. They wisely chose structured settlement option the court mandated for their children. Zack arranged for a financial planner he often used to assist them with their money. Stu and Harry did a yeoman’s job in getting this resolved without contentious litigation and appeals that would have taken years to resolve.
Mary Carmen and Miguel insisted upon creating and operating a community foundation to assist immigrants, whether documented or undocumented. The funds would help with retaining counsel and any other fees associated with the process of obtaining citizenship status in the U.S. Zack loved the idea and graciously donated a portion of his fee to the Gonzalez Family Community Foundation.
***
A month after the final resolution of the case, Zack sat in his office, studying the deposition notes of his next high-profile case. His receiver buzzed. He picked up, and Kristin informed him that Miguel Gonzalez was on the phone. Zack picked up immediately.
“Miguel?”
“Hello, Mr. Blake.”
“I’ve told you a thousand times: Call me Zack.”
“I have a question. I wanted to ask you before I ask the financial guys.”
“What is it, Miguel? Sounds serious.”
“Not really, just a question.”
“Let’s hear it.”
“Do I have to use my community foundation money only in Lincoln Park and only for the Hispanic community?”
“No, Miguel, I’m quite certain you can use the funds in any community and to assist any immigrant or any immigrant community. Why?”
“Because I have been following the story of your client, Rima Al-Baklavi, and I understand she is having a hard time assimilating, keeping a job, adjusting to life here in America, and fighting off anti-Muslim bias.”
“I have been following this, too, Miguel. I am afraid it is true. Since she’s my client, I can’t help her out financially, and she doesn’t have the skills necessary for me to give her a job.”
“I want to pledge foundation money to support her and others in her community. I also want to give her a job establishing a branch of our foundation in Dearborn. Would that be okay?”
“Okay, Miguel? It would be wonderful!”
“As you well know . . . uh . . .Zack . . .” He was still uncomfortable using Blake’s first name. “There is plenty of money, more than I will ever need. I would like to . . . how you say in America . . . spread the wealth?”
“Very well, Miguel. Would you like me to reach out to Rima?”
“Yes, please. I’m sure she is a proud woman. Make her say yes, and then perhaps we can set up a telephone call or a meeting? Would that be okay?”
“Absolutely, Miguel. Are you sure this is what you want to do? What about Mary Carmen and the kids?”
“This was Mary Carmen’s idea. The kids have a fund of their own. They are well taken care of by your financial guys. We can trust them, right?”
“Yes, Miguel. They are the best.”
“Wonderful! You will take care of this for us? It will make us very happy.”
“I’ll take care of it, Miguel. What a wonderful gesture of brotherhood. From the bottom of my heart, thank you!”
“Everything I have, I owe to you, sir. It is I who thanks you. None of this is possible without you, Mr. Mann, and Ms. Fletcher.”
“Marshall and Amy.”
“Huh?”
“No last names. We’re all good friends and business associates.”
“Right, thanks Mr. ... uh ... Zack.”
“You’re welcome, Miguel. I’ll call Rima. Bye.”
“Goodbye, Zack.”
Zachary Blake hung up the receiver, wiped a tear from his eye, and buzzed Kristin.
“Yes, boss?”
“You know I hate when you call me that.”
“What do you need, Zack? The phone is ringing off the hook.”
“I need a telephone number for Rima Al-Baklavi.”
“I’ll buzz you back.”
“No hurry, Kristin. Take care of business.” He did not want to make her angry. She was a terrific, loyal member of the team.
A couple of minutes later, Kristin buzzed back with the telephone number. Zack thanked and disconnected Kristin, pressed a button for an outside line, and punched in the numbers.
“Hello?”
“Rima?”
“Speaking.”
“This is Zachary Blake.”
“Oh, Mr. Blake, it is so nice to hear from you.”
“It’s nice to hear your voice. How are things going?”
“I’m doing okay,” she sighed.
“You don’t sound like you’re doing okay. What’s the matter?”
“My cousins’ place is fine, a bit crowded, but fine. I feel like I’m imposing. The worst part is that I can’t contribute. I have no money, and I can’t find a job.”
“Funny you should mention a job. That’s why I’m calling.”
“Oh?”
“Do you remember Miguel Gonzalez? We were handling his family’s asylum case at the same time as yours.”
“I remember. I met him once when we were both at your office. Why do you mention him?”
“Miguel and his family have used some of their lawsuit settlement to start a community fund to help other immigrants, and he’s looking to expand the reach of this fund.”
“Expand? Expand how? What’s this got to do with me?” Rima was confused.
“He wants to create a branch in Dearborn and assist displaced Muslim immigrants. He wants to hire you to help run the place. How does that sound?”
Rima was speechless.
“Rima?”
“I-I’m h-here,” she stammered.
“What do you think?”
“Mr. Gonzalez doesn’t even know me. Why would he do this?”
“Because he feels very fortunate, and he wants to pay it forward.”
“Pay it forward? What does this mean?” Rima queried.
“People helped him out when he needed a hand. He wants to help others the same way.”
“He said that?”
“In so many words.”
“It is done out of pity. Charity.”
“It is not charity, Rima. He wants to help the community. You are a member of the community; you need a job. He needs someone to help run the place. It is just good timing. Please let me tell him you will take the job.”
“I am not qualified.”
“You will be trained. You will learn on the job. I know you can do this. Now, say you will at least talk to Miguel about this. He is counting on you.”
“All praise is due to Allah; I am willing to learn. I will talk to Miguel!” She burst into tears.
“Why are you crying, Rima?”
“Tears of joy, Mr. Blake! You are a blessing. How can I ever repay you and Miguel?”
“By doing a good job and helping out your community. Pay it forward.”
“I will, Mr. Blake.”
“Zachary.”
“Pardon?”
“Call me Zachary, or Zack.”
“Thank you . . . Zack.” She smiled.
“Let me connect you to my secretary. She will get you Miguel’s number.”
