Opinion
Civil No. JFM-03-2914.
March 14, 2005
MEMORANDUM AND ORDER RE MOTION TO ENFORCE SETTLEMENT AGREEMENT
Defendant has filed a motion to enforce settlement agreement. The motion will be granted.
I am satisfied from the materials that are in the record that the parties reached a binding settlement agreement at the conclusion of the settlement conference held with Judge Beth P. Gesner on November 17, 2004. I am also satisfied that the formal settlement agreement and general release prepared by defendant and submitted to plaintiff for signature embodies the terms of the settlement as set forth in the handwritten document the parties signed at the conclusion of the settlement agreement.
Accordingly, defendant's motion to enforce the agreement will be granted. Plaintiff is directed to sign two original copies of the settlement agreement proposed by defendant and return it to her counsel forthwith. Upon receipt of the two original copies of the agreement signed by plaintiff, plaintiff's counsel shall immediately send them to counsel for defendant, along with a signed stipulation of dismissal of this action with prejudice. Within fifteen days of the receipt of these materials, defendant shall perform the obligations imposed upon it in paragraph 1(a) and 1(b) of the settlement agreement its counsel has prepared.
In the event that plaintiff does not sign two original copies of the settlement agreement proposed by defendant and return the same (through her counsel) to defendant within fifteen days, she shall be deemed to have dismissed this action with prejudice. The dismissal will have full and complete res judicata effect, not only as to defendant but also as to all of the parties named in paragraph 6 of the settlement agreement defendant's counsel has prepared.
Defendant is directed to advise the court on or before April 4, 2005 as to whether plaintiff has signed two copies of the settlement agreement and whether her counsel has submitted these copies, together with a stipulation of dismissal of this action with prejudice, to counsel for defendant. If she has, counsel shall file the stipulation of dismissal with prejudice. If she has not, upon receipt of defendant's report, this court will enter an order dismissing this action with prejudice.