Young v. Lacy et al

Filing 181

MEMORANDUM OPINION AND ORDER granting defendant T. A. Lacy's 180 MOTION for Entry of Order Dismissing Case with Prejudice and ordering that this case be DISMISSED with prejudice; further finding that by failing to comply with his part of the s ettlement agreement, plaintiff has willfully waived any claim to the settlement monies; denying without prejudice defendant's request for an award of fees and costs incurred as a result of plaintiff's failure to honor the settlement agreeme nt; defendant is free to file a separate motion for fees and costs associated with enforcing the settlement agreement. Signed by Senior Judge David A. Faber on 2/16/2022. (Attachment: # 1 Larry Arnold Young Certified Mail Receipt) (cc: plaintiff; counsel of record) (arb)

Case 1:17-cv-03633 Document 181 Filed 02/16/22 Page 1 of 3 PageID #: 1145

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 T.A. Lacy’s Motion
for Entry of Order Dismissing Case with Prejudice.
180.)

(ECF No.

For the reasons stated in the motion, in the court’s

previous order (ECF No. 177), and below, the court will grant
the motion.
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.)

Plaintiff has not signed

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 181 Filed 02/16/22 Page 2 of 3 PageID #: 1146

a release despite defendant’s multiple requests to plaintiff to
do so.
On January 20, 2022, the court provided plaintiff with one
final opportunity to sign the release and ordered him to do so
and to return the release to defendant within 21 days.
No. 177.)

(See ECF

The court warned plaintiff that if he failed to do

so, the court would dismiss this case with prejudice upon
defendant’s motion and that plaintiff would have no claim to the
$500 in settlement funds.

(Id.)

On January 31, 2022, plaintiff filed a document called
“Exceptions And Objections to Memorandum Opinion and Order.”
(ECF No. 180.)

In this document, plaintiff continues to contest

whether there was a settlement.
release is overbroad.

He further argues that the

Despite the court’s orders, and despite

his loss on appeal of a challenge to the court’s order enforcing
the settlement agreement, plaintiff states that he “has no
intentions whatsoever” of signing the release.

(See id. at 3.)

The court has reviewed the release and finds that it is not
overbroad.

It appropriately covers the claims that plaintiff

settled in open court.

The court therefore rejects plaintiff’s

argument on this point, as well as his continued efforts to
dispute the validity of the settlement agreement.
Because the time has elapsed for plaintiff to comply with
the court’s previous order, and because it is clear that
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Case 1:17-cv-03633 Document 181 Filed 02/16/22 Page 3 of 3 PageID #: 1147

plaintiff has no intention of doing so, the court ORDERS that
this case be DISMISSED with prejudice.

The court further finds

that by failing to comply with his part of the settlement
agreement, despite numerous opportunities to do so, plaintiff
has willfully waived any claim to the settlement monies.
Defendant further asks that this court award fees and costs
incurred as a result of plaintiff’s failure to honor the
settlement agreement.

At this time, the court DENIES that

relief without prejudice.

Defendant is free to file a separate

motion for fees and costs associated with enforcing the
settlement agreement.
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 16th day of February, 2022.
ENTER:
David A. Faber
Senior United States District Judge

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