Lakeview Cheese Company, LLC v Nelson-Ricks Creamery Co et al

Filing 53

MEMORANDUM DECISION AND ORDER granting 51 Motion to Enforce Settlement Agreement. Greenburg must comply with the agreement, make timely payments as the agreement requires and compensate Lakeview for the attorney fees and costs it has incurred in se eking to enforce the Settlement Agreement. Lakeview shall submit an affidavit detailing the fees and costs it has incurred in enforcing the Settlement Agreement no late than 8/29/2014. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO LAKEVIEW CHEESE COMPANY, LLC, a Nevada corporation, Case No. 4:13-cv-00361-BLW MEMORANDUM DECISION AND ORDER Plaintiff, v. NELSON-RICKS CREAMERY COMPANY, a Utah corporation; NELSONRICKS CHEESE COMPANY, INC., an Idaho corporation; and GREENBERG CHEESE COMPANY, a California corporation, Defendants. Before the Court is Plaintiff Lakeview Cheese Company’s Motion to Enforce Settlement Agreement (Dkt. 51). For the reasons set forth below the Court will grant the motion. ANALYSIS Lakeview and Defendants Greenberg Cheese Company and Nelson-Ricks Cheese MEMORANDUM DECISION AND ORDER - 1 Company, Inc. (collectively “Greenberg”) entered into a General Release and Settlement Agreement to resolve their disputes. According to Lakeview, Greenberg agreed to the entry of a permanent injunction, to release the surety bond, and to make four monthly payments of $10,000 for a total payment of $40,000 to Lakeview in exchange for Lakeview’s releasing its claims. The first payment was due on April 1, 2014, but Greenberg apparently never paid. Lakeview says that it tried to contact Greenberg’s counsel on numerous occasions, but neither Greenberg nor their counsel have provided an explanation for failing to perform. On April 24, 2014, Lakeview filed this Motion to Enforce the Settlement Agreement, requesting that the Court order Greenberg to comply with the Agreement, make timely payments as the agreement requires, and compensate Lakeview for its fees and costs incurred in enforcing the terms of the Agreement. Greenberg failed to file a response, which was due on May 19, 2014. Having considered the motion and counsel’s declaration, the Court finds that the Motion to Enforce the Settlement Agreement should be granted. Greenberg agreed to make settlement payments but has failed to do so. Greenberg therefore has breached the settlement agreement. Accordingly, as requested by Lakeview, the Court will order Greenberg to comply with the Agreement, make timely payments as the agreement requires, and compensate Lakeview for its fees and costs incurred in enforcing the terms of the Agreement. MEMORANDUM DECISION AND ORDER - 2 ORDER O IT IS ORDE T ERED: 1. Plaintiff Lak P keview Che eese Compa any’s Motio to Enforc Settlement Agreeme on ce ent (D 51) is GRANTED Greenbu must com Dkt. G D. urg mply with t agreeme make the ent, ti imely paym ments as the agreement requires, an compensate Lakevi for the nd iew at ttorney fees and costs it has incur s rred in seek king to enfor the Sett rce tlement Agreement. A 2. Lakeview sh submit an affidavit detailing t fees and costs it ha incurred i L hall t the d as in en nforcing the Settlemen Agreeme no later t nt ent than Augus 29, 2014. st DAT TED: Augu 21, 2014 ust 4 __________ __________ _____ ___ B. L Lynn Winm mill Chief Judge ited District Cou urt Uni States D MEMORA ANDUM DECI ISION AND ORDER - 3 R

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