Cantu v. Michigan Department of Corrections et al

Filing 65

ORDER granting 62 plaintiff's Motion to enforce settlement agreement and compel payment of settlement proceeds. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MARIO CANTU,
Plaintiff,
Case No. 07-CV-10339
HON. GEORGE CARAM STEEH

v.
MICHIGAN DEPARTMENT OF
CORRECTIONS, et al.,
Defendants
____________________________/

ORDER GRANTING PLAINTIFF’S MOTION TO ENFORCE
SETTLEMENT AGREEMENT AND COMPEL PAYMENT
OF SETTLEMENT PROCEEDS (DOC. # 62)
The parties to this matter reached a settlement agreement in June 2010. That
agreement was placed on the record. Since that time, the parties have had some
dispute, and lengthy delays in communication, in connection with whether the written
settlement agreement drafted by defendants and forwarded to plaintiff reflected the
agreement placed on the record in June 2010. Plaintiff has now forwarded a signed
agreement to defendants, received by defendants in September 2012.
Now before the court is plaintiff’s motion to enforce that settlement agreement
and compel payment of the settlement proceeds. Defendants indicate in their
response that because the case was settled during the 2010 fiscal year, the MDOC
has certain procedures it must follow before cutting a check to plaintiff. Defendants
asked, in November 2012, for “time to follow the proper procedures to ensure proper
accounting of any payments made.”
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It appears to the court that defendants have by now had sufficient time to follow
the proper procedures. However, there has been no communication with the court
about whether this matter has been resolved. Accordingly, plaintiff’s motion is hereby
GRANTED. Defendants are ordered to file notice with the court that the settlement
proceeds have been paid to plaintiff or provide a firm date in the near future
concerning when this will occur.
IT IS SO ORDERED.
Dated: January 30, 2013
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
January 30, 2013, by electronic and/or ordinary mail.
s/Barbara Radke
Deputy Clerk

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