Nixon et al v. Costner Excavating Inc et al
ORDER granting 175 motion to enforce settlement agreement; granting plaintiffs' requests to enter a judgment in the amount of $200,000 and to award prejudgment interest; taking under advisement plaintiffs' request for attorney 9;s fees, costs, and expenses; and retaining jurisdiction for an additional 60 days, to and including 04/29/2015, to enforce this Judgment, consider any motions for fees, costs, and other expenses and reopen this action if it is satisfactorily shown that resolution has not been completed and further litigation or Court action is necessary. Signed by Judge Kristine G. Baker on 02/18/2015. (rhm)
IN THE UNITED STATES DISTRICT COURTS
FOR THE EASTERN DISTRICT OF ARKANSAS
CORY NIXON, et al.
Case No. 4:11-cv-00578-KGB
COSTNER EXCAVATING, INC., et al.
Before the Court is plaintiffs’ motion to enforce settlement agreement (Dkt. No. 175).
Based on the record and a hearing before the Court on this date, plaintiffs’ motion is granted.
Defendants breached the settlement agreement by failing to pay the final installment of
settlement funds agreed upon by the parties in the amount of $200,000.00 due and owing to
plaintiffs on January 31, 2015. Defendants still have not performed this obligation and present
no valid defense to their breach of the settlement agreement. The Court grants plaintiffs’
requests to enter a judgment in the amount of $200,000.00 and to award prejudgment interest.
Judgment will be entered separately.
The Court takes under advisement plaintiffs’ request for attorney’s fees, costs, and
expenses. Plaintiffs may submit further briefing on this request.
By agreement of counsel for the parties, this Court retains jurisdiction for an additional
60 days, to and including April 29, 2015, to enforce this Judgment; consider any motions for
attorney’s fees, costs, and other expenses; and reopen this action if it is satisfactorily shown that
resolution has not been completed and further litigation or Court action is necessary.
SO ORDERED this 18th day of February, 2015.
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE
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