Kemp v. Correct Care Solution, Inc. et al

Filing 113

ORDER denying as moot 111 Motion to Enforce Judgment. Signed by Honorable Susan O. Hickey on November 22, 2019. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
LAMAR KEMP
ADC # 085183
v.

PLAINTIFF
Case No. 6:17-cv-6084

WELLPATH, LLC

DEFENDANT
ORDER

Before the Court is Plaintiff’s Motion to Enforce Settlement. (ECF No. 111). Defendant
has responded. (ECF No. 112). The Court finds this matter ripe for consideration.
Plaintiff states that the parties settled this matter on September 12, 2019, with Defendant
agreeing to pay Plaintiff a sum of money in exchange for him dismissing his claims. Plaintiff
states that he has yet to receive any settlement proceeds and moves the Court to enforce the parties’
settlement agreement.
Defendant states that the settlement payment was sent to Plaintiff on October 28, 2019, the
same day that Plaintiff mailed his motion to the Court, and that the Arkansas Department of
Correction has verified that the settlement payment was credited to Plaintiff’s inmate account on
November 1, 2019. Consequently, Defendant argues that the instant motion is moot.
Upon consideration, the Court finds that Plaintiff’s Motion to Enforce Settlement (ECF
No. 111) should be and hereby is DENIED AS MOOT. If Plaintiff has not received the settlement
payment as indicated by Defendant, he may bring this to the Court’s attention in an appropriate
motion.
IT IS SO ORDERED, this 22nd day of November, 2019.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge