Danzas Corporation dba DHL Global Forwarding, an Ohio Corporation v. Solarjuice Technology, Inc., a Delaware Corporation

Summary

The court orders reassignment of the case to a district judge because the defendants had not appeared or consented to magistrate jurisdiction, and issues a Report and Recommendation. It recommends granting DHL’s motion to enforce the parties’ settlement and enter stipulated judgment after defendants failed to make the first installment payment and did not cure the default. The recommended judgment is for $284,421.95 plus $1,980 in attorney’s fees, and the court also recommends withdrawal of the notice of settlement.

Holdings

1. A trial court may summarily enforce a settlement agreement in an action pending before it and may enter a stipulated judgment according to the settlement's terms. Because defendants failed to make the required payment, failed to cure within the agreed grace period, and did not oppose the motion, plaintiffs were entitled to entry of the stipulated judgment.
2. Plaintiffs were entitled to $1,980.00 in attorney's fees because the settlement agreement provided for fees incurred to enforce the stipulation, the amount requested was not unreasonable, and the request complied with Federal Rule of Civil Procedure 54(d)(2).

Questions Presented

1. Whether the court could enforce the parties' settlement agreement by entering the stipulated judgment after defendants failed to make the required payment and failed to cure within the agreed grace period.
2. Whether plaintiffs were entitled to the attorney's fees requested under the settlement agreement and Federal Rule of Civil Procedure 54(d)(2).
3. Whether the notice of settlement should be withdrawn.

Disposition

other