Custom Blending and Packaging of St. Louis, LLC v. Steven Moser, Jr. et al
Filing
119
ORDER granting 118 Motion to Enforce Settlement. See Order for details. Signed by Chief Judge David R. Herndon on 5/6/11. (klh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CUSTOM BLENDING AND
PACKAGING OF ST. LOUIS, LLC,
Plaintiff,
v.
STEVEN MOSER, JR., et al.,
Defendants.
No. 08-0592-DRH
ORDER
HERNDON, Chief Judge:
Pending before the Court is plaintiff’s motion for enforcement of
settlement (Doc. 118). Specifically, plaintiffs contends that it and DAC Industries,
Inc., DAC Aerosol & Liquid Fill, Inc., and Litz (“DAC defendants”) entered into a
settlement agreement in late December 2010 and as of this date those defendants
have failed and refused to fulfill the terms of the settlement agreement. Further,
plaintiff contends that the settlement was made in exchange for good and valuable
consideration and should be considered an enforceable agreement. As of this date,
the DAC defendants have not responded to the motion. Pursuant to Local Rule
7.1(g), the Court considers this failure as an admission of the merits of the motion.1
Based on the reasons stated in the motion, the Court GRANTS the motion. The
1
Local Rule 7.1(g) provides in part: “Failure to file a timely response to a motion may, in
the Court’s discretion, be considered an admission of the merits of the motion.”
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Court ORDERS the DAC defendants to comply with the terms of the settlement
agreement on or before May 27, 2011. Further, the Court DIRECTS the Clerk of the
Court to enter judgment pursuant to the terms of the settlement agreement at the
close of the case. The Court notes that this case remains pending as to plaintiff’s
claims against defendants Moser, Sr, and Moser, Jr. and that this case remains set
for Final Pretrial Conference on May 12, 2011.
IT IS SO ORDERED.
Signed this 6th day of May, 2011.
Digitally signed by
David R. Herndon
Date: 2011.05.06
09:22:47 -05'00'
Chief Judge
United States District Court
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