Opinion
Case No. 08-06127-CV-SW-DGK.
November 5, 2010
ORDER
Pending before the Court is Plaintiff's Motion to enforce settlement and Suggestions in Support. Docs. 100-01. The Court has reviewed this Motion in conjunction with Defendants' Response and Plaintiff's Reply. Docs. 102-03. The parties are in agreement that they executed a settlement agreement providing that "(1) defendants' insurer is to pay plaintiffs the sum of $35,000.00; (2) plaintiffs are to satisfy all liens out of settlement proceeds; (2) each party is to bear their own costs and fees." Doc. 100-1. The only known lien against the proceeds has been withdrawn. Defendants cite a concern that there may be other liens and that this could subject them to double liability.
It is unclear why the settlement refers to "plaintiffs" as there is only one plaintiff.
The Court finds that the parties have executed a valid settlement agreement. This agreement contains a clause which explicitly obligates Plaintiff to satisfy "all liens." Unlike the Tomlinson case cited by Plaintiff, this hold-harmless/indemnification clause was agreed to by both sides prior to executing the agreement. Tomlinson v. Landers, No. 3:07-cv-1180-J-TEM, 2009 WL 1117399 (M.D. Fla. April 24, 2009). The fact that Defendants now have concerns about potential unknown liens is irrelevant. Plaintiff's Motion is GRANTED. Defendants shall make payment to Plaintiff Gary Baker and his attorney, Glenn Gulick, in the amount of $35,000.00. Plaintiff's requests for costs, fees and interest are DENIED. By December 6, 2010, the parties shall file a stipulation of dismissal or a joint status report explaining why the case has not yet been dismissed.
IT IS SO ORDERED
Dated: November 5, 2010