Schlottman v. United States

Filing 45

ORDER Denying Richard Wagner, Jr.'s 40 Motion to Extend Time for Payment. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JUDI M. SCHLOTTMAN,
Plaintiff,

Case No. 18-cv-10110
Hon. Matthew F. Leitman

v.
UNITED STATES OF AMERICA, et al.,
Defendant.
__________________________________________________________________/
ORDER DENYING RICHARD WAGNER, JR.’S
MOTION TO EXTEND TIME FOR PAYMENT (ECF No. 40)
On August 13, 2020, Judi Schlottman and Richard L. Wagner, Jr. entered into
a settlement agreement with the United States of America in which Schlottmann and
Wagner agreed to pay the United States $60,000.00. The payment was supposed to
be made within 90 days.
On October 9, 2020, Wagner filed a motion in which he asked the Court to
extend the time for him to pay his portion of the settlement amount. (See Mot., ECF
No. 40.) The Court is not aware of any authority under which it may unilaterally
change the terms of a settlement agreement that the parties freely negotiated and
executed. And while the Court is sympathetic to Wagner’s financial situation, the
time for Wagner to pay the amount he owes has repeatedly been extended. Indeed,
Wagner’s motion has been pending for nearly eight months, and he has not had to
pay the United States during that time. Simply put, Wagner is not entitled to any
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further extension of time to pay the amount due and owing under the settlement
agreement.
For all of these reasons, Wagner’s motion (ECF No. 40) is DENIED.

Dated: May 28, 2021

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on May 28, 2021, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone] 

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