Judge indicates she will enforce $9,500 settlement in Regina Butler case despite plaintiff objection
March 05, 2026 | Clayton County State Court 304, Texas Courts, Judicial, Texas
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Judge Tammy Long Hayward told Regina Butler on the record that, under Georgia law, an attorney of record who represents a client may bind the client when the attorney affirms settlement authority and the opposing party relies on that representation.
Defense counsel Jay O'Brien said he accepted a $9,500 settlement in writing after an oral offer by plaintiff counsel (Rouse). Rouse told the court he believed he had authority to agree at that amount based on developments in discovery and said he had accepted the figure; Butler told the court she had not authorized a $9,500 settlement and said she wanted to secure new counsel.
The judge explained Butler’s options: accept the settlement amount and conclude the case against Strata Hanover, or decline and allow the court to resolve the pending motions (including summary judgment), which could result in a different outcome. "If you don't want that, then I'm gonna hear the motion for summary judgment and make a decision based on that," she said.
After hearing argument about whether Rouse had actual authority in writing to accept the number, and about whether O'Brien reasonably relied on Rouse’s representation, the judge indicated there was no legal basis shown to refuse enforcement and that she would enforce the settlement. She told Butler the court would issue an order and noted Rouse’s motion to withdraw could be granted so Butler could obtain new counsel for any collateral dispute with Rouse.
Butler asked for more time to consult another attorney and said she did not agree to the settlement. The judge gave Butler a short opportunity to decide and then directed the clerk to enter an order enforcing the settlement and addressing counsel’s withdrawal motion. The court adjourned after directing the parties that an order would follow.
The judge did not read the written order from the bench; the transcript reflects the court's oral determination and that a formal order would follow.
Defense counsel Jay O'Brien said he accepted a $9,500 settlement in writing after an oral offer by plaintiff counsel (Rouse). Rouse told the court he believed he had authority to agree at that amount based on developments in discovery and said he had accepted the figure; Butler told the court she had not authorized a $9,500 settlement and said she wanted to secure new counsel.
The judge explained Butler’s options: accept the settlement amount and conclude the case against Strata Hanover, or decline and allow the court to resolve the pending motions (including summary judgment), which could result in a different outcome. "If you don't want that, then I'm gonna hear the motion for summary judgment and make a decision based on that," she said.
After hearing argument about whether Rouse had actual authority in writing to accept the number, and about whether O'Brien reasonably relied on Rouse’s representation, the judge indicated there was no legal basis shown to refuse enforcement and that she would enforce the settlement. She told Butler the court would issue an order and noted Rouse’s motion to withdraw could be granted so Butler could obtain new counsel for any collateral dispute with Rouse.
Butler asked for more time to consult another attorney and said she did not agree to the settlement. The judge gave Butler a short opportunity to decide and then directed the clerk to enter an order enforcing the settlement and addressing counsel’s withdrawal motion. The court adjourned after directing the parties that an order would follow.
The judge did not read the written order from the bench; the transcript reflects the court's oral determination and that a formal order would follow.
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