CAMARGO v. ALICK SMITH GENERAL CONTRACTOR, INC.

Filing 42

ORDER THAT 1. PLAINTIFF'S MOTION TO ENFORCE THE PARTIE'S SETTLEMENT AGREEMENT, ECF NO. 38, IS GRANTED IN PART AND DENIED IN PART. 2. NO LATER THAN DECEMBER 2, 2016, DEFENDANTS ALICK SMITH GENERAL CONTRACTOR, INC. AND ALICK SMITH PROPERTIES, LLC SHALL COMPLY WITH THEIR OBLIGATIONS UNDER THE SETTLEMENT AGREEMENT THAT THE PARTIES REACHED DURING THE JUNE 15 2016, SETTLEMENT CONFERENCE, ETC. 3. THE CLERK OF COURT SHALL ENTER A DEFAULT AGAINST BOTH DEFENDANTS. 4. PLAINTIFF SHALL SERVE A COPY OF THIS ORDER ON BOTH DEFENDANTS, TOGETHER WITH A COPY OF THE SETTLEMENT AGREEMENT AND RELEASE, AND FILE PROOF OF SERVICE WITH THE COURT. 5. PLAINTIFF SHALL FILE PAPER COPIES OF EXHIBITS B AND D TO HIS MOTION WITH THE CLERK OF COURT, AND THE CLERK OF COURT SHALL FILE THOSE DOCUMENTS UNDER SEAL. 6. IN ALL OTHER RESPECTS, PLAINTIFF'S MOTION IS DENIED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 11/3/2016. 11/4/2016 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(lbs, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
ENRIQUE CAMARGO,

:
:
Plaintiff,
:
v.
:
:
ALICK SMITH GENERAL
:
CONTRACTOR, INC.; and
:
ALICK SMITH PROPERTIES, LLC,
:
:
Defendants.
:
__________________________________________

No. 5:15-cv-06215

ORDER
And now, this 3rd day of November, 2016, for the reasons set forth in the accompanying
Memorandum Opinion issued this day, IT IS ORDERED as follows:
1.

Plaintiff’s Motion to Enforce the Parties’ Settlement Agreement, ECF No. 38 is
GRANTED IN PART and DENIED IN PART.

2.

No later than December 2, 2016, Defendants Alick Smith General Contractor,
Inc. and Alick Smith Properties, LLC shall comply with their obligations under
the settlement agreement that the parties reached during the June 15, 2016,
settlement conference. In particular, Defendants shall remit payment no later than
December 2, 2016, in accordance with Section 1 of the Settlement Agreement and
Release that was prepared by Plaintiff’s counsel. 1

3.

The Clerk of Court shall enter a default against both Defendants.

4.

Plaintiff shall serve a copy of this Order on both Defendants, together with a copy
of the Settlement Agreement and Release, and file proof of service with the Court.

1

Among the terms that the parties agreed to during the settlement conference was a request from Plaintiff for
payment to be made in a certain manner. See Conference Tr. 4:7-12, ECF No. 37. During the conference, Plaintiff’s
counsel agreed to provide Defendants with those payment instructions at a later date, and they can be found in
Section 1 of the Settlement Agreement and Release.

1

5.

Plaintiff shall file paper copies of Exhibits B and D to his Motion with the Clerk
of Court, and the Clerk of Court shall file those documents under seal. 2

6.

In all other respects, Plaintiff’s Motion is DENIED.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.________
JOSEPH F. LEESON, JR.
United States District Judge

2

See E.D. Pa. Local R. Civ. P. 5.1.2(7); U.S. District Court for the E. District of Pa., Clerk’s Office
Procedural Handbook 31 (2015), http://www.paed.uscourts.gov/documents/handbook/handbook.pdf.

2