Jones v. COMSYS IT Partners, Inc et al

Filing 113

ORDER re 111 MOTION for Settlement Agreement Enforcement, 112 MOTION to Compel are calendared for hearing on 1/18/12 at a time to be noticed by the Clerk. Signed by District Judge Max O. Cogburn, Jr on 12/22/11. (Pro se litigant served by US Mail.)(com)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:10cv72
JENNIFER MARIE JONES,

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Plaintiff,
Vs.
COMSYS IT PARTNERS, INC., et al.,
Defendants.
_______________________________

ORDER

THIS MATTER is before the court on defendants’ Motion for Settlement Agreement
Enforcement (#111) and plaintiff’s Motion to Compel (#112). On August 30, 2011, the court
entered an Order based on the parties’ “Case Settlement Notice,” and provided in that Order
that the
court will administratively close this matter until November 1, 2011. By such
date, the parties shall either file their stipulation of dismissal with prejudice or,
failing such, the court will dismiss this case on that date without prejudice.
Order (#104). Since entering that Order, the court has twice entered orders enlarging that
deadline, apparently due to problems with plaintiff executing the formal settlement
agreement.
Despite such extensions, defendant has now moved to enforce the settlement
agreement and plaintiff has filed a Motion to Compel. In her nine-page Motion to Compel,
plaintiff details calls, emails, as well as discussions with her own counsel (whom she
apparently fired). In conclusion, she asks the court to compel “Defendants to fully honor and
execute the Settlement and Release Agreement . . . .” Motion to Compel, at p. 7. She also
requests damages, attorneys fees, expenses, and sanctions.
At this point, it appears that the parties are seeking the same thing: enforcement of the
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settlement agreement. While it makes little sense to have the court involved in the settlement
where everyone agrees, the court will schedule these motions for final hearing on January
18, 2012.
If a hearing is necessary, i.e., if a stipulation of dismissal has not been filed by that
date, the parties should be prepared to exchange and execute whatever documents and
instruments are necessary at that hearing, as the court anticipates that at the conclusion of the
hearing this action will be dismissed with prejudice. As the issues have been fully presented,
the court anticipates that no further pleadings will be filed with the court, other than a
Stipulation of Dismissal.
ORDER
IT IS, THEREFORE, ORDERED that the defendants’ Motion for Settlement
Agreement Enforcement (#111) and plaintiff’s Motion to Compel (#112) are Calendared
for hearing on January 18, 2012, at a time to be noticed by the Clerk of Court.

Signed: December 22, 2011

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