Beatley v. Ayers

Filing 20

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 06/26/2018. (tjoh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

J. IRVIN BEATLEY,
Plaintiff,
V.

Civil Action No. 3:18cv37

CHARLES E. AYERS, JR., et aL,
Defendants.

MEMORANDUM OPINION

This matter comes before the Court on Defendants Charles E. Ayers, Jr., Ralph L.

Costen, Jr., and Jesse L. Barber's (collectively, the "Defendants") Motion to Dismiss Count Two

of Plaintiff J. Irvin Beatley's Complaint (the "Motion to Dismiss"). (ECF No. 6.) Beadey
responded and the Defendants replied. (ECF Nos. 10,11.) Accordingly, the matter is ripe for
disposition. The Court dispenses with oral argument because the materials before it adequately
present the facts and legal contentions, and argument would not aid the decisional process. The

Court exercises jurisdiction pursuant to 28 U.S.C. § 1332.' For the reasons that follow, the Court
will deny the Motion to Dismiss. (ECF No. 6.)
I. Factual and Procedural Background
A.

Procedural Historv

These allegations arise from a June 16, 2017 Settlement Agreement (the "Agreement")

between Beatley and the Defendants. Beatley alleges that the Defendants failed to comply with

the Agreement, which required the Defendants to "pay Beatley $134,000 on or before July 17,

' "The district courts shall have original jurisdiction of all civil actions where the matter
in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is
between ... citizens of different States," 28 U.S.C. § 1332.