Opinion
No. 06-1656-BLS2.
January 16, 2009, January 20, 2009.
MEMORANDUM AND ORDER ON JOINT MOTION TO ENFORCE SETTLEMENT
"This court's decisions have consistently emphasized the qualities of seriousness and commitment characterizing a settlement agreement reported to a trial court. See Correia v. DeSimone, 34 Mass.App.-Ct. 601, 603-604 (1993) . . . Trial counsel reporting a settlement agreement are not taking out an option to settle." Basis Technology Corp. v.Amazon.com, Inc., 71 Mass.App.-Ct. 29, 42-44 (2008).
Here, the parties unequivocally reported to the Court that they had agreed upon a settlement, and a nisi order entered. The only issue remaining in this case, therefore, is what the parties' settlement agreement provides — a matter which is disputed, and as to which a motion for summary judgment is the appropriate first step toward resolution. See, e.g., Donovan v. Mahoney, 2008 Mass.App.Div. 41 (2008)("When a contract is unambiguous, its interpretation is a question of law appropriate for a judge to decide on summary judgment. Seaco Ins. Co. v.Barbosa, 435 Mass. 772, 779 (2002). See also Basis Tech. Corp. v.Amazon.com, Inc., 71 Mass.App.-Ct. 29, 36 (2008) (interpretation of unambiguous contract is question of law, as is preliminary question of existence of ambiguity). Cf. Commodore v. Genesis Health Ventures, Inc., 63 Mass.App.-Ct. 57, 64 (2005) (reversing summary judgment where contract ambiguous)."
ORDER
For the reasons stated above, counsel shall serve, not later than February 13, 2009, any motions for summary judgment addressing the terms of the settlement agreement which they reported to the Court. Counsel shall file any such motion packages not later than March 13, 2009. There will be a status conference on March 18, 2009, to schedule either a hearing on any summary judgment motion filed, or a trial on the terms of the settlement agreement.