Cuellar et al v. Crown Hospitality, LLC et al

Filing 78

ORDER granting 75 Plaintiffs' Motion to Enforce Settlement Agreements. Signed by Judge Edward J. Davila on 7/1/2011. (ejdlc1, COURT STAFF) (Filed on 7/15/2011)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION
NO. 5:08-cv-05020 PVT

JUAN CARLOS CUELLAR, et. al.,

11

ORDER GRANTING PLAINTIFFS’
MOTION TO ENFORCE SETTLEMENT
AGREEMENTS

Plaintiff(s),
v.

For the Northern District of California

United States District Court

10

12
CROWN HOSPITALITY, LLC, et. al.,
13

[Docket Item No. 75]
Defendant(s).

14
15

/
Plaintiffs Juan Cesar Alatorre and Martin Alatorre (collectively, “Plaintiffs”) brought this

16

wage-and-hour action against their former employers Crown Hospitality, LLC, Crown Hotel Group

17

Inc., Peter Fan and Tanya Fan (collectively, “Defendants”). In or about November, 2009, Plaintiffs

18

each executed separate settlement agreements with Defendants. See Docket Item Nos. 69, 71. In an

19

order filed October 29, 2010, the court approved the agreements as reasonable compromises of the

20

claims and dismissed this case, reserving jurisdiction to enforce the terms of the agreements. See

21

Docket Item No. 73. Defendants thereafter defaulted on the payments owed to Plaintiffs under the

22

settlement. Presently before the court is Plaintiffs’ joint motion to enforce the separate settlement

23

agreements (“Motion”). Only counsel for Plaintiffs appeared at the hearing on July 15, 2011. No

24

opposition having been raised and good cause therefore appearing, Plaintiffs’ Motion will be

25
26
27
28

1
Case No. 5:10-08-5020 PVT
ORDER GRANTING PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENTS (EJDLC1)

1

granted.1

2

I.

DISCUSSION

3

A district court may enforce a settlement agreement so long as it expressly retains

4

jurisdiction over the agreement in its order of dismissal. Kokkonen v. Guardian Life Ins. Co., 511

5

U.S. 375, 381 (1994). To be enforceable, an agreement must meet two requirements. First, it must

6

be a complete agreement. Callie v. Near, 829 F.2d 888, 890 (9th Cir. 1987). Second, both parties

7

must have agreed to the terms of the settlement, either through express consent or by authorizing

8

counsel to settle the dispute. Harrop v. Western Airlines, Inc., 550 F.2d 1143, 1144-45 (9th Cir.

9

1977).
Here, the settlement agreements between Plaintiffs and Defendants meet the requirements for

11
For the Northern District of California

United States District Court

10

enforcement. As mentioned above, the court expressly reserved jurisdiction to enforce the

12

agreements in its order dismissing the case. See Docket Item No. 73 (“It is hereby ordered that, in

13

light of the courts approval of all Plaintiffs’ settlements with Defendants, this case is dismissed with

14

prejudice. The court retains jurisdiction to enforce the terms of the parties’ settlement

15

agreements.”). Thus, Plaintiffs have properly sought enforcement in this court. Also, the

16

agreements are complete. Each is six pages in length, clearly states the amounts owed by

17

Defendants, and contains a clause declaring each to be an “integration fo the entire understanding

18

and agreement of the parties.” See Docket Item No. 69 at ¶¶ 2, 12; see also Docket Item No. 71 at

19

¶¶ 2, 12.2 Finally, the docket reveals that the parties agreed to the terms of the settlement, even

20

though the court has not been provided fully-executed agreements. See Docket Item Nos. 30

21

(noting settlements reached in mediation), 53 (stating Defendants’ recognition that settlements had

22

been reached), 69 (settlement agreement between Martin Alatorre and Defendants), 71 (settlement

23

agreement between Cesar Alatorre and Defendants), 73 (order approving agreements and dismissing

24
25
26
27
28

1

This disposition is not intended for publication in the official reports.

2

Specifically, Defendants were to pay $30,000.00 to Martin Alatorre through his attorney by
January 31, 2010. They were also to pay $6,000.00 to Cesar Alatorre, again through his attorney, ny
the same date. See Docket Item No. 69 at ¶ 2; see also Docket Item No. 71 at ¶ 2. Each agreement
states that in the event of a breach by Defendants, “Plaintiff may file a motion to enforce this
Agreement to have a judgment entered against Defendants, less the amount already paid.” See
Docket Item No. 69 at ¶ 9; see also Docket Item No. 71 at ¶ 9.
2
Case No. 5:10-08-5020 PVT
ORDER GRANTING PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENTS (EJDLC1)

1
2

case).
In short, Plaintiffs have demonstrated the elements required for enforcement. Plaintiffs and

3

Defendants entered into complete, clear and valid settlement agreements, but Defendants have not

4

upheld their end of the bargain. As such, the finds good cause to grant the Motion.

5
6
7
8
9

ORDER

Based on the foregoing, Plaintiffs’ motion to enforce the settlement agreements is
GRANTED as plead.
Judgment is entered in favor of Martin Alatorre and against Defendants in the total amount
of $33,000.00, which includes the $30,000.00 payment due under the settlement agreement plus
$3,000.00 in prejudgment interest pursuant to California Civil Code § 3289.

11
For the Northern District of California

United States District Court

10

II.

Judgment is entered in favor of Cesar Alatorre and against Defendants in the total amount of

12

$6,600.00, which includes the $6,000.00 payment due under the settlement agreement plus $600.00

13

in prejudgment interest pursuant to California Civil Code § 3289.

14

No attorneys fees are awarded based on the representation of Plaintiffs’ counsel at the

15

hearing.

16

IT IS SO ORDERED.

17
18
19

Dated: July 15, 2011
EDWARD J. DAVILA
United States District Judge

20
21
22
23
24
25
26
27
28
3
Case No. 5:10-08-5020 PVT
ORDER GRANTING PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENTS (EJDLC1)

1

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

2

Jack Gordon Cairl [e-mail]
James Dal Bon [e-mail]
Tomas Eduardo Margain [e-mail]
Robert M. Partain [e-mail]

3
4
5

Dated: July 15, 2011

Richard W. Wieking, Clerk

6
By:
7

/s/ EJD Chambers
Elizabeth Garcia
Courtroom Deputy

8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4
Case No. 5:10-08-5020 PVT
ORDER GRANTING PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENTS (EJDLC1)