ShAdy GurL
Oct 25th, 2005, 04:14 PM
Eminem almost clear of lawsuit
Aunt, uncle of rapper try to remain in house they say he gave them
PUBLISHED: October 25, 2005
By Jameson Cook
Macomb Daily Staff Writer
Most of the accusations against rapper Eminem made by his aunt and uncle for his alleged broken promise to buy them a house were thrown out of court Monday.
Macomb Circuit Judge Mary Chrzanowski dismissed claims by Jack and Betti Schmitt that Eminem agreed to provide them a $328,000 home in Clinton Township and pay a $100,000 salary to Betti Schmitt. They say Eminem, whose real name is Marshall Mathers, then changed his mind and tried to evict the relatives.
The judge didn't provide an explanation for her ruling but it appears the lack of a written contract was the key factor.
Eminem's attorney, Ken Silver, argues in writing that the alleged promises between the Schmitts and his client were verbal and "not reduced to writing," as required in a real estate deal. "The Schmitts do not have any recorded interest with respect to the title of the home," Silver argued. Betti Schmitt also is an at "at-will" employee, he says.
The judge did give the Schmitts the chance to possibly revive the case by changing their arguments and filing them within two weeks.
Eminem has filed a counter-claim against the Schmitts, accusing them of violating confidentiality agreements by failing to have the lawsuit's contents sealed and for the Schmitts' attorney, Kevin Green, for talking about the case in an interview on a radio station.
Eminem, who did not attend Monday's proceeding, was ordered to be deposed within 45 days in regard to the one aspect left intact by Chrzanowski -- that Eminem unjustly profited from about $50,000 in improvements that the Schmitts made to the house.
The Schmitts say they moved from St. Joseph, Mo., to the Detroit area in 2001 on the promise that Eminem would provide them a home worth up to $350,000, the $100,000 annual salary to Betti Schmitt for five years and $25,000 in furniture, and they would provide emotional support.
They lived six months with Eminem in Rochester Hills and in March 2003 moved into the home on Dorchester Court in Clinton Township. On July 13, they received a notice telling them to leave the property. Betti Schmitt has received $165,000 in salary.
In an undated note written by Eminem included in the court file, the rapper tells the Schmitts:
"We will be back tomorrow. Please be gone when we get back. At least until your new house is finished. I'm sorry. I cannot take it anymore. I am sick to my stomach and cannot stand to be used any more. I'm sorry it has to be this way but I cannot just keep giving and getting nothing in return."
Eminem makes reference to being "Santa Claus" at Christmastime:
"The boys have gotten twice as much as the girls this year and I cannot stand to see what x-mas is about any longer. You may take everything in (boy's name) room, and yours. Please do not take anything else. I put the deposit down on the house. I expect nothing in return for the $100,000 a year, just peace of mind. Glad the boys had a wonderful x-mas.
"Love, Santa Claus."
In a document filed Sept. 22, attorney Silver indicates that Eminem recently completed in-patient drug rehabilitation and is continuing with out-patient treatment.
It was revealed Aug. 19 by his record company, Interscope, that the rapper had entered a drug treatment center, and several September concerts in Europe were canceled.
His U.S. tour concluded with an Aug. 12 concert at Comerica Park in Detroit.
Chrzanowski previously issued a gag order, meaning attorneys cannot speak to the media about the case.
http://www.macombdaily.com/stories/102505/...eminem001.shtml
Aunt, uncle of rapper try to remain in house they say he gave them
PUBLISHED: October 25, 2005
By Jameson Cook
Macomb Daily Staff Writer
Most of the accusations against rapper Eminem made by his aunt and uncle for his alleged broken promise to buy them a house were thrown out of court Monday.
Macomb Circuit Judge Mary Chrzanowski dismissed claims by Jack and Betti Schmitt that Eminem agreed to provide them a $328,000 home in Clinton Township and pay a $100,000 salary to Betti Schmitt. They say Eminem, whose real name is Marshall Mathers, then changed his mind and tried to evict the relatives.
The judge didn't provide an explanation for her ruling but it appears the lack of a written contract was the key factor.
Eminem's attorney, Ken Silver, argues in writing that the alleged promises between the Schmitts and his client were verbal and "not reduced to writing," as required in a real estate deal. "The Schmitts do not have any recorded interest with respect to the title of the home," Silver argued. Betti Schmitt also is an at "at-will" employee, he says.
The judge did give the Schmitts the chance to possibly revive the case by changing their arguments and filing them within two weeks.
Eminem has filed a counter-claim against the Schmitts, accusing them of violating confidentiality agreements by failing to have the lawsuit's contents sealed and for the Schmitts' attorney, Kevin Green, for talking about the case in an interview on a radio station.
Eminem, who did not attend Monday's proceeding, was ordered to be deposed within 45 days in regard to the one aspect left intact by Chrzanowski -- that Eminem unjustly profited from about $50,000 in improvements that the Schmitts made to the house.
The Schmitts say they moved from St. Joseph, Mo., to the Detroit area in 2001 on the promise that Eminem would provide them a home worth up to $350,000, the $100,000 annual salary to Betti Schmitt for five years and $25,000 in furniture, and they would provide emotional support.
They lived six months with Eminem in Rochester Hills and in March 2003 moved into the home on Dorchester Court in Clinton Township. On July 13, they received a notice telling them to leave the property. Betti Schmitt has received $165,000 in salary.
In an undated note written by Eminem included in the court file, the rapper tells the Schmitts:
"We will be back tomorrow. Please be gone when we get back. At least until your new house is finished. I'm sorry. I cannot take it anymore. I am sick to my stomach and cannot stand to be used any more. I'm sorry it has to be this way but I cannot just keep giving and getting nothing in return."
Eminem makes reference to being "Santa Claus" at Christmastime:
"The boys have gotten twice as much as the girls this year and I cannot stand to see what x-mas is about any longer. You may take everything in (boy's name) room, and yours. Please do not take anything else. I put the deposit down on the house. I expect nothing in return for the $100,000 a year, just peace of mind. Glad the boys had a wonderful x-mas.
"Love, Santa Claus."
In a document filed Sept. 22, attorney Silver indicates that Eminem recently completed in-patient drug rehabilitation and is continuing with out-patient treatment.
It was revealed Aug. 19 by his record company, Interscope, that the rapper had entered a drug treatment center, and several September concerts in Europe were canceled.
His U.S. tour concluded with an Aug. 12 concert at Comerica Park in Detroit.
Chrzanowski previously issued a gag order, meaning attorneys cannot speak to the media about the case.
http://www.macombdaily.com/stories/102505/...eminem001.shtml