Chittum et el v. Branch Banking and Trust Company (BB&T) et al

Filing 60

MEMORANDUM OPINION AND ORDER granting defendants Specialized Loan Servicing LLC, FV-1, Inc., FV-1, Inc. in Trust for Morgan Stanley Mortgage Capital Holdings, LLC and Morgan Stanley Mortgage Capital Holdings, LLC's 54 MOTION to Enforce Settlem ent with Plaintiff. Plaintiff was directed to tender $21,500.00 of the total amount owed to defendants' counsel by close of business on 7/25/2018. Plaintiff has until 8/24/2018 to tender the remaining $8,500.00 owed to defendants under the settlement agreement. Insofar as defendants' motion requests an award of attorney's fees and costs, the motion is DENIED. Signed by Senior Judge David A. Faber on 7/26/2018. (cc: counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
KENNETH E. CHITTUM, et al.,
Plaintiffs,
v.

CIVIL ACTION NO. 1:17-01357

BRANCH BANKING AND TRUST
COMPANY (BB&T), et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending before the court is a motion to enforce their
settlement with plaintiff filed by defendants Specialized Loan
Servicing LLC, FV-1, Inc., FV-1, Inc. in Trust for Morgan Stanley
Mortgage Capital Holdings, LLC and Morgan Stanley Mortgage
Capital Holdings, LLC.

(ECF No. 54).

court held a hearing on that motion.

On July 25, 2018, the
At that hearing, counsel

informed the court that the Settlement Agreement and Release had
been executed by plaintiff.

That agreement obligates plaintiff

to pay defendants $30,000.00.

Counsel for plaintiff informed the

court that plaintiff lacks sufficient funds to pay the total
amount due under the settlement agreement.

See also ECF No. 58.

For reasons placed on the record at the hearing, the motion
to enforce the settlement is GRANTED.

Plaintiff was directed to

tender $21,500.00 of the total amount owed to defendants’ counsel
by the close of business on July 25, 2018.

Furthermore,

plaintiff has until Friday, August 24, 2018, to tender the
remaining $8,500.00 owed to defendants under the settlement
agreement.

Failure to do so will result in an award of interest

and any other relief that the court deems appropriate.

Insofar

as defendants’ motion requests an award of attorney’s fees and
costs, the motion is DENIED.
The Clerk is directed to send copies of this Memorandum
Opinion and Order to all counsel of record.
IT IS SO ORDERED this 26th day of July, 2018.
ENTER:
David A. Faber
Senior United States District Judge

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