McCormack v. Westland et al

Filing 82

ORDER (1) Requiring the Highland Landscaping Defendants to Serve Plaintiff With Their Motion to Enforce the Settlement, (2) Setting a Date for Plaintiff to Respond to the Highland Landscaping Defendants' Motion to Enforce the Settlement, and (3) Requiring the Westland Defendants to File a Reply to Plaintiff's Response to Their Motion to Enforce the Settlement. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARIA MCCORMACK,
Plaintiff,

Case No. 15-cv-14507
Hon. Matthew F. Leitman

v.
CITY OF WESTLAND, et al.,
Defendants.
_________________________________/
ORDER (1) REQUIRING THE HIGHLAND LANDSCAPING
DEFENDANTS TO SERVE PLAINTIFF WITH THEIR MOTION TO
ENFORCE THE SETTLEMENT, (2) SETTING A DATE FOR PLAINTIFF
TO RESPOND TO THE HIGHLAND LANDSCAPING DEFENDANTS’
MOTION TO ENFORCE THE SETTLEMENT, AND (3) REQUIRING THE
WESTLAND DEFENDANTS TO FILE A REPLY TO PLAINTIFF’S
RESPONSE TO THEIR MOTION TO ENFORCE THE SETTLEMENT
Currently pending before the Court are three motions:
1. A motion by Defendants Officer Abramski, Brenn Dohring, Kelly Eggers,
Tom Lutkenhoff, Chris Szpara, Wayne Westland Fire Association, City of
Westland, and Tim Wilson (the “Westland Defendants”) to enforce the
settlement agreement placed on the record on October 17, 2017. (See ECF
#76.)
2. A motion by Defendants Highland Landscape and Snowplowing, Jeff
Speaks, Gage Speaks, Alfredo Vega, and Jose Vega (the “Highland
Landscape Defendants”) to enforce the settlement agreement placed on the
record on October 17, 2017. (See ECF #77.)
3. A motion by Plaintiff in which she asks the Court not to enforce the
settlement agreement placed on the record on October 17, 2017. (See ECF
#78.)

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I
Plaintiff says that the Highland Landscaping Defendants did not serve their
motion upon her. The Certificate of Service attached to that motion supports
Plaintiff’s assertion.

The certificate states that the Highland Landscaping

Defendants filed the motion “using the ECF system which will send notification of
such filing to the following: all attorneys of record.” (Highland Defs.’ Mot., ECF
#77 at Pg. ID 986.) The Highland Landscaping Defendants stated “N/A” in response
to the following statement on the Certificate of Service: “I further certify that I have
mailed by United States Postal Service the paper to the following non-ECF
participants.” (Id.) Plaintiff is not an ECF participant. Therefore, the Highland
Landscaping Defendants were required to serve Plaintiff by ordinary mail.
Accordingly, IT IS HEREBY ORDERED THAT the Highland Landscaping
Defendants shall serve Plaintiff with the motion to enforce the settlement by
depositing a copy of their motion in the United States mail by not later than June
29, 2018. Plaintiff shall respond to the Highland Landscaping Defendants’ motion
by not later than July 23, 2018.
II
In Plaintiff’s response to the Westland Defendants’ motion, she complains
about the version of the written settlement agreement that the Westland Defendants
attached to their motion. She attaches to her response a different version of the
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written settlement agreement. The version of the agreement attached by Plaintiff
includes references to the terms discussed at the December 18, 2017, status
conference that are not included in the agreement attached by the Westland
Defendants.

The Court would benefit from an explanation by the Westland

Defendants concerning which version of the settlement agreement is the correct one
– i.e., the one that they ask the Court to order Plaintiff to sign. The Court would
further benefit from learning the Westland Defendants’ explanation for the
differences between the two versions of the agreement and explanation as to why
the Westland Defendants chose to present to the Court the version attached to their
motion.
Accordingly, IT IS HEREBY ORDERED THAT the Westland Defendants
shall file a reply to Plaintiff’s response by not later than July 11, 2018. In addition
to including any other arguments they wish to make, the Westland Defendants shall
address and explain the difference between the agreement attached by Plaintiff and
the agreement attached to their motion. The Westland Defendants shall also clarify
which agreement they are asking the Court to require Plaintiff to execute.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: June 27, 2018
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I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on June 27, 2018, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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