Granger Plastics Company v. Bluewater ATU LLC et al

Filing 62

ORDER GRANTING IN PART AND DENYING IN PART 56 Plaintiff's Motion to Enforce Settlement Agreement. Defendants shall pay $2,400.00 to Plaintiff within fourteen (14) days of the date of the issuance of this Order, and denying Plaintiff's request for an award of interest. GRANTING 58 Defendants' Request to Close the Case. Signed by Judge Michael R. Barrett on 4/29/2022. (kkz)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Granger Plastics Company,
Plaintiff,
vs.
Bluewater ATU LLC,
Defendants.

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: Case No. 1:17-cv-00314
:
: Judge Michael R. Barrett
:
:
:
:
:
:
ORDER

This matter is before the Court on Plaintiff Granger Plastics Company's Motion to
Enforce Settlement Agreement in which Plaintiff requests, inter alia, sanctions in the form
of attorneys' fees associated with having to file that motion and interest on the settlement
amount. (Doc. 56).
In a prior Order, the Court explained that Defendants Bluewater ATU LLC, Robert
Collins, Deborah Collins, and Douglas Cockburn (collectively, "Defendants") transferred
the settlement amount to Plaintiff only after the Court granted that portion of Plaintiff's
Motion to Enforce Settlement Agreement requesting to reopen this matter. (Doc. 60). The
Court held that, as sanctions, the Court will order Defendants to reimburse Plaintiff for the
reasonable attorneys' fees associated with having to file the Motion to Enforce. (Id.) The
Court ordered Plaintiff's counsel submit a declaration summarizing his hourly rate and the
total number of hours spent on the Motion to Enforce and held the Motion to Enforce in
abeyance. (Id.) Plaintiff's counsel submitted a declaration in which he states that his
hourly rate is $400.00, he spent six hours preparing the Motion to Enforce, and he spent
one hour preparing the Reply thereto. (Doc. 61).

The Court will grant in part that portion of the Motion to Enforce requesting
sanctions in the form of attorneys' fees associated with having to file the motion. The
Court finds that $2,400.00 is the reasonable amount of attorney's fees incurred by Plaintiff
in bringing the Motion to Enforce and the Court will award Plaintiff that amount. The Court,
however, will deny that portion of the Motion to Enforce requesting interest on the
settlement amount.
In light of the foregoing, it is hereby ORDERED that Plaintiff's Motion to Enforce
Settlement Agreement (Doc. 56) is GRANTED in part, and Defendants shall pay
$2,400.00 to Plaintiff within fourteen (14) days of the date of the issuance of this Order,
and DENIED in part with respect to Plaintiff's request for an award of interest. It is further
ORDERED that Defendants' Request to Close the Case (Doc 58) is GRANTED, and the
Clerk shall close and terminate this matter from the Court's active docket.
IT IS SO ORDERED.

_/s Michael R. Barrett________
Michael R. Barrett, Judge
United States District Court

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