Wilson et al v. Richardson

Filing 21

ORDER requiring plaintiffs' counsel to furnish the Court with a proposed Judgment in the amount of $25,000 as well as counsel's bill of costs including reasonable attorneys' fees and expenses, and to incorporate these into the proposed Judgment, subject to review by the Court. Signed by Honorable David C. Bramlette, III on 11/14/2016 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
ROBERT H. WILSON,
SUE ELLEN OBERG, and
PAULETTE BELL
VS.

PLAINTIFFS
CIVIL ACTION NO. 5:15-cv-65(DCB)(MTP)

JAMES RICHARDSON

DEFENDANT
ORDER

This cause is before the Court sua sponte to enforce the
Court’s Order of May 27, 2016, which granted the plaintiffs’ motion
to enforce settlement agreement, and the Court, being desirous that
this matter be finally closed on its docket, finds as follows:
On February 24, 2016, the parties reached a settlement at a
conference held by Magistrate Judge Michael T. Parker, and the
terms of settlement were placed on the record.
On February 25, 2016, the Court ordered that this case be
dismissed and that the parties comply with the terms of their
settlement agreement. Under the terms of settlement, the defendant
was to pay the settlement proceeds to the plaintiffs within two
weeks of the February 25, 2016 Order of Dismissal.
specifically

retained

jurisdiction

to

enforce

the

The Court
settlement

agreement, and informed the parties that they may move to reopen
the case for enforcement of the settlement agreement if any party
fails to comply with the terms of settlement.
represented by counsel.

All parties are

On March 23, 2016, counsel for the plaintiffs filed a motion
to

enforce

settlement

agreement,

which

was

granted.

The

plaintiffs’ motion sought immediate payment of the settlement
proceeds, plus all attorneys fees and costs for prosecution of the
plaintiffs’ motion, to be paid by the defendant James Richardson.
On May 27, 2016, the Court entered an Order granting the
motion to enforce settlement, ordered the defendant to pay the
settlement proceeds ($25,000), and ordered the defendant to pay the
plaintiffs’ counsels’ fees and other costs in enforcing the terms
of

the

settlement

agreement.

Finally,

the

Court

ordered

plaintiffs’ counsel to furnish the Court with a proposed Judgment
in the amount of $25,000 as well as counsel’s bill of costs
including

reasonable

attorneys’

fees

and

expenses,

and

to

incorporate these into the proposed Judgment, subject to review by
the Court.
The proposed Judgment has not been delivered to the Court. On
October 20, 2016, the Court received a letter from Paulette Bell,
one of the plaintiffs, advising the Court that the plaintiffs have
not received any compensation, and requesting the terms of the
settlement agreement.

The terms of the settlement agreement are

set forth in this Order.

The Court finds that the plaintiffs’

attorneys have failed to comply with this Court’s Order of May 27,
2016.

Accordingly,
IT IS HEREBY ORDERED that counsel for the plaintiffs comply

2

with the Court’s previous Order by furnishing the Court with a
proposed Judgment in the amount of $25,000 as well as counsel’s
bill of costs including reasonable attorneys’ fees and expenses,
and to incorporate these into the proposed Judgment, subject to
review by the Court.
SO ORDERED, this the 14th day of November, 2016.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

3