Bond et al v. Integrity Energy Services, L.L.C.

Filing 24

ORDER & OPINION by Judge Ronald A. White granting plaintiffs' motion to enforce the settlement agreement ( 22 Motion to Enforce ) (law, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
KAREN BOND,
TORI ANDERSON,
TERESA WREN,
TOBY WREN,
JACK EUGENE CENTER, and
GILBERT SULTERMACK, individuals,

Case No. CIV-11-154-RAW

Plaintiffs,
v.
INTEGRITY ENERGY SERVICES,
L.L.C.,
Defendant.

ORDER & OPINION
Before the court is Plaintiffs’ motion to enforce the settlement agreement filed by
Plaintiffs on April 2, 2012 [Docket No. 22]. Responses were due April 16, 2012. Defendant did
not file a response. On April 20, 2012, the court entered a minute order directing Defendant to
file its response no later than April 27, 2012. To this date, Defendant has yet to file a response.*
Plaintiffs inform the court that at the Settlement Conference in this case, Defendant
agreed to pay Plaintiffs the total sum of $45,000.00, subject to Plaintiffs first having the
opportunity to confirm the accuracy of financial information provided by Defendant to Plaintiffs’
counsel. Despite Plaintiffs’ good faith efforts to confirm the accuracy of Defendant’s financial
information, they have been unable to gain any information from Defendant’s accountancy firm.

*

Failure to respond to a motion constitutes a waiver of any objection. See Local Civil
Rule 7.1(c). When a dispositive motion is not opposed, the court may, in its discretion, provide
an additional 14 days, after which the motion will be deemed confessed. See Local Civil Rule
7.1(h). The court has provided more than an additional 14 days.

Nevertheless, Plaintiffs decided to conclude the lawsuit pursuant to the settlement agreement and
so advised Defendant’s counsel.
Plaintiffs inform the court that without the court’s intervention, it appears that Defendant
will not voluntarily fund the settlement. Accordingly, Plaintiffs request an order enforcing the
settlement agreement and requiring Defendant to honor the financial commitment made to settle
this case within a date certain.
Plaintiff’s motion [Docket No. 22] is hereby GRANTED. Plaintiffs may submit a
proposed order enforcing the settlement agreement no later than May 25, 2012.
IT IS SO ORDERED this 8th day of May, 2012.
Dated this 8th day of May, 2012.

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