Opinion
Case No. 01-2339-JAR
October 2, 2002
ORDER ENFORCING SETTLEMENT AND EXTENDING DEADLINE TO FILE STIPULATION OF DISMISSAL
On October 2, 2002, Plaintiff Kathleen Jennings' Motion to Enforce Settlement Agreement (Doc. 56) was heard by this Court. The Court has thoroughly reviewed the motion, and the settlement agreement attached to the motion; as well as Defendant's Suggestions in Opposition to the Motion to Enforce Settlement Agreement. Based on the pleadings and the arguments of counsel at the hearing, the Court finds as follows.
On July 11, 2002, the parties entered into a written settlement agreement that fully resolved this action. The settlement agreement stated in pertinent part:
1. Olympic will pay Jenning's counsel the sum of seven thousand five hundred dollars ($7,500) for fees and expenses.
2. Olympic shall provide at no expense to Jennings improvements to her home located at 9421 West 80th Street, Overland Park, KS having a value of ten thousand dollars ($10,000.00). The parties are identifying the areas to be improved (repaired or remodeled). This agreement will be supplemented to specifically identify the work to be done within 14 days of the execution of this agreement.
. . . .
4. It is anticipated that the improvements agreed to by the parties will be completed within 60 days from this date. Upon completion of the work, Plaintiff will cause the pending case to be dismissed with prejudice with each party to bear her/its own cost, expenses and fees.
The parties agree that Olympic complied with paragraph 2 of the settlement agreement by satisfactorily completing the work on Plaintiff's home on or before August 28, 2002. With respect to paragraph 1 of the settlement agreement, Defendant tendered $1500 to Plaintiff's counsel on September 13, 2002, and promised to pay the balance of $6000 in monthly installments of $500 thereafter. Plaintiff objected that the settlement agreement contemplated a lump sum, not installment payments of this obligation. The parties agree that at the time of the settlement agreement, the parties knew that Olympic had financial difficulties.
The settlement agreement is silent on when the $7500 is to be paid. The agreement does not state it is to be paid in a lump sum; nor does it state that it may be paid in installment payments over 12 months or over whatever duration Defendant sees fit. However, from reading the entire settlement agreement, it is clear to the Court that the parties contemplated that the settlement agreement would be fully executed and completed within 60 days of July 11, 2002, so that this action could be dismissed with prejudice. Sixty days has expired and the $7500 has not been paid in full. Accordingly,
IT IS ORDERED that the Motion to Enforce Settlement Agreement is GRANTED.
IT IS FURTHER ORDERED that Plaintiff shall accept Defendant's tender of $1500 forthwith.
IT IS FURTHER ORDERED that Plaintiff's request for attorney's fees and costs of bringing this motion to enforce settlement is GRANTED in the amount of $100.00.
IT IS FURTHER ORDERED that Defendant shall pay the balance of $6000, plus the $100.00 award of fees and costs, on or before December 31, 2002.
IT IS FURTHER ORDERED that the deadline to file a Stipulation of Dismissal in this case is extended from October 11, 2002 (Docs. 57 and 54) to January 15, 2003.