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)

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