Paola Canas et al v. Flash Dancers, Inc. et al

Filing 58

ORDER denying 55 Plaintiffs' Motion to Enforce Defendants' Compliance with Settlement Agreement; denying as moot 56 Plaintiffs' Motion to File Settlement Agreement Figures Under Seal. The parties have to 11/30/2018 to determine whether they will settle this case or go to trial. If the parties are unable to settle this case, then not later than 12/6/2018, the parties shall jointly inform the Court of their requested trial term. Signed by Judge Timothy J. Corrigan on 10/29/2018. (JJB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
PAOLA CANAS, LINA POSADA,
JESSICA BURCIAGA, JAIME
EDMONDSON, and ROSIE JONES,
Plaintiffs,
v.

Case No. 3:16-cv-393-J-32JRK

FLASH DANCERS, INC. and
MICHAEL TOMKOVICH,
Defendants.

BROOKE TAYLOR aka Brooke
Johnson, LAURIE ANN YOUNG,
MALU LUND, SARA
UNDERWOOD, and JAMIE
EASON aka Jamie Middleton,
Plaintiffs,
v.

Case No. 3:16-cv-394-J-32JRK

M.T. PRODUCTIONS IN
JACKSONVILLE, INC. and
MICHAEL TOMKOVICH,
Defendants.
ORDER

This case is before the Court on Plaintiffs’ Motion to Enforce Defendants’
Compliance with Settlement Agreement, (Doc. 55), and Plaintiffs’ Motion to File
Settlement Agreement Figures Under Seal, (Doc. 56). Defendants responded to
Plaintiffs’ motion to enforce the settlement. (Doc. 57).
Upon review, the parties never had a “meeting of the minds” on all
essential terms of their settlement agreement. See State v. Family Bank of
Hallandale, 623 So. 2d 474, 480 (Fla. 1993). Plaintiffs believed that the models
excluded from the settlement agreement would be able to continue their claims,
whereas Defendants believed that the excluded models were required to dismiss
their claims—both of which are reasonable interpretations of the negotiations.
(See Docs. 55-2; 55-6; 57-2). 1 Absent mutual assent, no enforceable agreement
was ever formed. Hallandale, 623 So. 2d at 480.
Accordingly, it is hereby
ORDERED:
1. Plaintiffs’ Motion to Enforce Defendants’ Compliance with Settlement
Agreement (Doc. 55) is DENIED. 2

While this issue apparently does not pertain to the case before this Court, the
settlement of this case was part of a “global settlement” including other cases.
1

It is not clear whether this Court would have jurisdiction to enforce a
settlement agreement as it pertains to cases pending in other courts, but the Court
need not reach this issue.
2

2

2. Plaintiffs’ Motion to File Settlement Agreement Figures Under Seal
(Doc. 56) is DENIED as moot.
3. The parties have to November 30, 2018 to determine whether they
will settle this case or go to trial. If the parties are unable to settle this case,
then not later than December 6, 2018, the parties shall jointly inform the
Court of their requested trial term.
DONE AND ORDERED in Jacksonville, Florida this 29th day of
October, 2018.

TIMOTHY J. CORRIGAN
United States District Judge

jb
Copies to:
Counsel of record

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