Wheat v. Morrell et al

Filing 157

ORDER denying 150 defendants' motion to enforce settlement agreement. Signed on 7/7/11 by District Judge Greg Kays. (Francis, Alexandra)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
RICKIE A. WHEAT,
Plaintiff,
v.
PHILIP MORRELL, and
WHISPERIDE, LLC,
Defendants.

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No. 6:09-CV-03142-DGK

ORDER DENYING REQUEST FOR ATTORNEYS’ FEES
Now before the Court is Defendants’ Motion to Enforce Settlement Agreement (doc.
150), specifically Defendants’ request for attorneys’ fees which the Court previously took under
advisement. In taking the request under advisement the Court noted the request was not an
unreasonable one given Plaintiff and Plaintiff’s counsel’s delay in completing the settlement
agreement. The Court also stated that the decision whether to award attorneys fees would be
informed by Plaintiff’s diligence going forward in fulfilling his obligations.
Since the June 13, 2011 order was issued Plaintiff has fulfilled all of his obligations, and
the only item which remains to be completed is the parties’ filing a joint stipulation of dismissal.
Although the Court understands Defendants’ frustration at having to file a motion to get Plaintiff
to do what he agreed to do, the Court declines to award attorneys’ fees here.
Defendants’ Motion to Enforce Settlement Agreement (doc. 150) is DENIED.
IT IS SO ORDERED.
Date: July 7, 2011

/s/ Greg Kays
GREG KAYS, JUDGE
UNITED STATES DISTRICT COURT