Young v. Lacy et al

Filing 177

MEMORANDUM OPINION AND ORDER denying without prejudice defendant's 176 MOTION to Deposit Settlement Funds with the Court for Distribution and to Dismiss with Prejudice; construing the motion as alternatively seeking specific performance of th e settlement agreement and for sanctions for the failure to do so. Plaintiff is ORDERED to sign the release that has been sent to him and to return it to defendant within 21 days. If plaintiff does not do so, the court will dismiss the case with prej udice upon defendant's motion. Should the court dismiss the case with prejudice, plaintiff will have no claim to the $500 in settlement funds. Signed by Senior Judge David A. Faber on 1/20/2022. (Attachment: # 1 Larry Arnold Young Certified Mail Receipt) (cc: plaintiff; counsel of record) (arb)

Case 1:17-cv-03633 Document 177 Filed 01/20/22 Page 1 of 2 PageID #: 1119

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
LARRY ARNOLD YOUNG,
Plaintiff,
v.

CIVIL ACTION NO. 1:17-03633

T.A. LACY,
Defendant.
MEMORANDUM OPINION AND ORDER
Pending before the Court is defendant’s Motion to Deposit
Settlement Funds with the Court for Distribution and to Dismiss
with Prejudice.
prejudice.

(ECF No. 176.)

That motion is DENIED without

However, the court will construe the motion as

alternatively seeking specific performance of the settlement
agreement and for sanctions for the failure to do so.
This matter was settled in open court on September 14,
2020.

(ECF No. 151.)

Plaintiff agreed to release all claims

against defendant and dismiss this case in exchange for $500. 1
(Id.)

On November 3, 2020, the court granted defendant’s motion

to enforce the settlement agreement.

(ECF No. 162.)

Plaintiff

appealed; the United States Court of Appeals for the Fourth
Circuit affirmed.

(See ECF No. 169.)

Defendant represents that

Implicit within these terms was the signing of a standard
release. Furthermore, plaintiff stated on the record that he
would move the court to dismiss the case, which he has not done
to date.
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Case 1:17-cv-03633 Document 177 Filed 01/20/22 Page 2 of 2 PageID #: 1120

plaintiff has not signed a release despite defendant’s multiple
requests to plaintiff to do so.
Plaintiff is ORDERED to sign the release that has been sent
to him and to return it to defendant within 21 days.

If

plaintiff does not do so, the court will dismiss the case with
prejudice upon defendant’s motion.

Should the court dismiss the

case with prejudice, plaintiff will have no claim to the $500 in
settlement funds.
The Clerk is directed to send a copy of this Memorandum
Opinion and Order to counsel of record and, by certified mail,
return receipt requested, to plaintiff at P.O. Box 538,
Lashmeet, WV 24733.
IT IS SO ORDERED this 20th day of January, 2022.
ENTER:
David A. Faber
Senior United States District Judge

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