Lauderdale et al v. Caballero et al

Filing 61

ORDER AND REASONS granting 60 Motion to Enforce Compromise and Settlement. Signed by Judge Martin L.C. Feldman on 9/11/2018. (clc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

SHELBY LAUDERDALE, ET AL.

CIVIL ACTION

v.

NO. 17-4152

JOSE CABALLERO, ET AL.

SECTION "F"
ORDER AND REASONS

Local Rule 7.5 of the Eastern District of Louisiana requires
that memoranda in opposition to a motion be filed eight days prior
to the noticed submission date.

No memoranda in opposition to

Westfield Insurance Company’s motion to enforce compromise and
settlement agreement has been submitted.
Accordingly, because the motion is unopposed, and further, it
appearing to the Court that the motion has merit, 1 IT IS ORDERED:

The parties to this multiple-plaintiff personal injury lawsuit
settled, and the settlement agreement was transcribed on the record
in Magistrate Judge Roby’s chambers on July 12, 2018. As terms of
the settlement, the plaintiffs agreed to execute releases and to
file a motion to dismiss a duplicative state court lawsuit.
Although plaintiffs’ counsel provided Westfield with a release
executed by Katrice Drawsand, thus far the plaintiffs have failed
to provide Westfield with a release agreement executed by Derrick
Drawsand. Despite the fact that remaining plaintiffs Lauderdale
and Rogers delivered executed settlement agreements to counsel for
Westfield and that Westfield, in turn, tendered to plaintiffs’
counsel checks in the agreed upon settlement amount, the plaintiffs
have neglected to move to dismiss with prejudice the lawsuit still
pending in state court.
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1

that Westfield Insurance Company’s motion to enforce compromise
and settlement is hereby GRANTED as unopposed.

IT IS FURTHER

ORDERED: that, within five days, (i) plaintiffs Lauderdale and
Rogers shall file a motion to dismiss with prejudice their petition
for damages filed in Civil District Court, No. 2018-6130, Section
L-6; and (ii) plaintiff Derrick Drawsand shall execute the release
agreement provided to him through counsel and shall provide the
executed release to Westfield.

Failure to do so may result in

sanctions

fees

including

attorney’s

incurred

by

Westfield

in

filing its motion to enforce settlement and any other motions
necessitated by the plaintiffs’ non-compliance.
New Orleans, Louisiana, September 11, 2018

_____________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE

This Court retained jurisdiction to enforce the settlement
agreement reached by the parties. There is no dispute that the
plaintiffs agreed to settle their claims and that Westfield upheld
its end of the agreement. Westfield has demonstrated entitlement
to an order enforcing those terms of the agreement with which the
plaintiffs have failed to comply.
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