Davis v. RSB Equity Group, LLC et al

Filing 44

ORDER: plaintiff's motion to enforce 37 is GRANTED. Judgment SHALL ENTERfor plaintiff Sharon Davis and against defendants RSB Equity Group, LLC and Roy Mu11man for $6,910.00. Plaintiff's motions to seal 39 , 42 are DENIED. Signed by Chief Judge James C. Dever III on 2/8/2016. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:14-CV-301-D

SHARON DAVIS,
Plaintiff,

v.
RSB EQUITY GROUP, LLC;
ROY MULLMAN, and DOE 1-5,
Defendants.

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ORDER

On December 8, 2015, Sharon Davis ("plaintiff' or "Davis") filed a second motion to enforce
settlement agreement. See [D.E. 37]. Defendants RSB Equity Group, LLC and Roy Mullman
("defendants") did not respond. As explained below, the court grants Davis's motion and enforces
the settlement agreement.
On May 27, 2014, Davis filed suit alleging that defendants violated the Fair Debt Collection
Practices Act, 15 U.S.C. §§ 1692-1692p. See [D.E. 1]. On September 5, 2014, counsel for the
parties began settlement discussions, and the parties ultimately agreed to resolve the case for
$3,930.00. See [D.E. 38]

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2. On September 12, 2014, defendant Roy Mullman executed a

settlement agreement with Davis both in his personal capacity and as the owner/agent ofRSB Equity
Group, LLC. See id. ~ 3; [D.E. 38-1] 3-4. Defendants agreed to pay Davis $3,930.00 in four
installments between September and December 2014. See [D.E. 38]

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3; [D.E. 38-1] 3-4. Upon

receiving the full settlement payment, Davis agreed to dismiss her case with prejudice. See [D.E.
38] ~ 3; [D.E. 38-1] 3-4.

Defendants did not make any of the agreed-upon settlement payments. See [D.E. 38], 4.
As a result, Davis's counsel then engaged in numerous efforts to enforce the settlement agreement.
See id. , 5; [D.E. 38-2] , 5. Davis thereby incurred $2,845.00 in additional attorney's fees and
$135.00 in additional costs. See [D.E. 38-2, 38-3].
"[D]istrict courts have inherent authority, deriving from their equity power, to enforce
settlement agreements." Hensley v. Alcon Labs., Inc., 277 F.3d 535, 540 (4th Cir. 2002). Before
the district court enforces a settlement agreement, it must make two inquiries. Moore v. Beaufort

QL, 936 F.2d 159, 162 (4th Cir. 1991). First, the court must determine whether the parties in fact
agreed to settle the action. Id. Second, the court then must discern the terms of the settlement. Id.
If the parties agreed to settle and the terms are clear, a district court may enforce the settlement
agreement. See id.; Hensley, 277 F.3d at 540; Millner v. Norfolk & W. Ry., 643 F.2d 1005, 1009
(4th Cir. 1981).
The parties agreed to settle this action and executed a settlement agreement. See [D .E. 38-1].
The settlement agreement's terms are clear: in exchange for defendants' four payments, plaintiff
would dismiss the action with prejudice. See id. 3. Moreover, the settlement agreement states that,
"[i]n the event oflitigation relating to the subject matter of this Agreement, the non-prevailing party
shall reimburse the prevailing party for reasonable attorney fees and costs." Id. 4.
Davis's motion to enforce seeks a judgment against defendants RSB Equity Group, LLC and
Roy Mullman for $6,910 .00. That figure encompasses the $3,930.00 from the settlement agreement
plus $2,845.00 for Davis's additional attorney's fees and $135.00 in additional costs reasonably and
necessarily incurred to enforce the settlement agreement. The court finds this amount proper, and
awards Davis $6,910.00.

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In sum, plaintiff's motion to enforce [D.E. 37] is GRANTED. Judgment SHALL ENTER
for plaintiff Sharon Davis and against defendants RSB Equity Group, LLC and Roy Mu11man for
$6,910.00. Plaintiff's motions to seal [D.E. 39, 42] are DENIED.
SO ORDERED. This _8_ day of February 2016.

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