Mount v. Walgreen Co.

Filing 43

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 36 Motion for Attorney Fees (MLC, Chambers)

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
SCOTT MOUNT, an individual,
PLAINTIFF,
vs.
WALGREEN CO., a foreign
for profit business corporation,
DEFENDANT.

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CASE NO. 10-CV-666-CVE-PJC

OPINION AND ORDER
Plaintiff’s Application for Attorney Fees Regarding Enforcement of Settlement
Agreement [Dkt. 36] is before the Court for decision. Defendant has filed a response. [Dkt.
41]. Plaintiff has filed a Reply. [Dkt. 42].
Plaintiff seeks attorney fees under 28 U.S.C. § 1927 contending Defendant
unreasonably and vexatiously delayed paying Plaintiff the money agreed upon as
settlement of the case. Plaintiff points out that prompt payment was discussed at the
settlement conference but it took from May 2, 2011 until May 31, 2011 to receive payment.
Defendant responds that it acted reasonably and in good faith in getting the
settlement documents agreed to and payment delivered to Plaintiff.
28 U.S.C. § 1927 provides:
Any attorney or other person admitted to conduct cases in any
court of the United States or any Territory thereof who so
multiplies the proceedings in any case unreasonably and
vexatiously may be required by the court to satisfy personally
the excess costs, expenses, and attorneys’ fees reasonably
incurred because of such conduct.

Although it took longer for Defendant to pay the settlement amount to Plaintiff than
the Court anticipated at the settlement conference and Defendant could have been better
at communicating with Plaintiff’s attorney, the facts do not establish that Defendant
unreasonably and vexatiously multiplied the proceedings.
Plaintiff’s Application for Attorney Fees Regarding Enforcement of Settlement
Agreement [Dkt. 36] is DENIED. The parties shall file dismissal papers by July 12, 2011.
SO ORDERED this 5th day of July, 2011.

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