Jasson et al v. Bagelsteins, Inc. et al

Filing 81

ORDER granting 79 Motion to Enforce Settlement Agreement. Signed by Magistrate Judge Barry L. Garber on 10/20/09. (cc)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-61717-CIV-Lenard/Garber

LEWIS JASSON, JOHN MOCCIA, and LISA CALLAWAY, Plaintiff, v. BAGELSTEINS, INC., a Nevada corporation d/b/a BAGELSTEIN'S ORIGINAL NEW YORK DELI, BAGELSTEIN'S ORIGINAL NEW YORK DELI, L.L.P., ROBERT DAVIDSON, and MELINDA DAVIDSON, individually

Defendants. __________________________/ ORDER THIS CAUSE is before the Court by reference from United States District Judge Joan A. Lenard. The Court has received plaintiffs' Motion to Enforce Settlement Agreement [DE 79], filed on September 29, 2009. No response in opposition has been filed by the defendants. The parties to this cause reached a settlement and executed a settlement agreement on July 8, 2009. Said settlement was found to be "a reasonable compromise of the issues between the parties" and its acceptance was recommended by Senior United States Magistrate Judge Peter R. Palermo, who conducted a settlement conference. Judge Palermo's recommendation was accepted by District Judge Lenard on August 7, 2009, who entered an Order approving the settlement and dismissing the cause [DE 78].

The settlement was for a total of $9,000.00 to be paid by the defendants over a one year period at a monthly rate of $750.00. Additionally, the defendants were to pay plaintiffs' counsel the amount of $3,500.00 for attorneys' fees and costs. Defendants have made one payment of $750.00 on August 6, 2009, but have made no further payments. Said defendants have breached the terms of the settlement

agreement by having failed to make timely monthly payments as required thereby. Accordingly, it is hereby ORDERED that plaintiffs' Motion to Enforce Settlement Agreement is GRANTED. The defendants shall, on or before ten (10) days from the date of this Order, pay the sum of $8,250.00, the unpaid balance of the agreed upon settlement. In addition thereto plaintiffs' attorneys are hereby awarded attorneys' fees and costs in the amount of $762.50 for legal work that was necessary and reasonable and shall be paid to plaintiffs' attorneys on or before ten (10) days from the date of this Order. DONE AND ORDERED in Chambers at Miami, Florida this 20th day of October, 2009. ____________________________ BARRY L. GARBER UNITED STATES MAGISTRATE JUDGE