Lauderdale et al v. Caballero et al

Filing 63

ORDER and REASONS granting 62 Motion for Contempt. IT IS FURTHER ORDERED that, within seven days, Westfield shall submit a proposed judgment incorporating the amount of attorney's fees incurred in preparing the motion to enforce settlement and motion for contempt, along with billing records substantiating reasonable attorney's fees. Signed by Judge Martin L.C. Feldman on 10/9/2018. (cbs)

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.
Westfield

Insurance

Company’s

No memoranda in opposition to
motion

for

contempt

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:

This Court exercised its power to enforce the parties’
settlement agreement. See Order and Reasons dtd. 9/11/18 (granting
Westfield’s motion to enforce settlement and ordering that the
plaintiffs must, within five days of the order, file a motion to
dismiss the state court action in accordance with the parties’
settlement agreement). Although the plaintiffs complied with the
portion of this Court’s order requiring that Derrick Drawsand
provide an executed release agreement to Westfield, the plaintiffs
have failed to move to dismiss with prejudice their lawsuit pending
in state court. According to Westfield, the state court lawsuit
remains pending notwithstanding the plaintiffs’ agreement to
dismiss the lawsuit with prejudice and this Court’s order mandating
enforcement of that term of the parties’ settlement agreement.
1
1

that Westfield Insurance Company’s motion for contempt is hereby
GRANTED as unopposed.

This Court’s September 11, 2018 order

required that the plaintiffs file a motion to dismiss their state
court action with prejudice within five days; the plaintiffs failed
to comply. 2

Westfield has demonstrated entitlement to sanctions

in the form of an award for costs and attorney’s fees incurred in
bringing

its

motion

settlement agreement.

for

sanctions

and

motion

to

enforce

the

See Towne v. Gee Const., LLC, No. 11-1884,

2014 WL 4981442, at *2 (E.D. La. 2014)

IT IS FURTHER ORDERED:

that, within seven days, Westfield shall submit a proposed judgment
incorporating the amount of attorney’s fees incurred in preparing
the motion to enforce settlement and motion for contempt, along
with billing records substantiating reasonable attorney’s fees.

New Orleans, Louisiana, October 9, 2018

_____________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE

The Court expressly admonished the plaintiffs regarding the
consequences of noncompliance:
Failure to do so may result in sanctions including
attorney’s fees incurred by Westfield in filing its
motion to enforce settlement and any other motions
necessitated by the plaintiffs’ non-compliance.
2

2