Opinion
1784CV02403BLS2
03-25-2019
Betsy WISE v. BIG TUNA, LLC et al.
PROCEDURAL ORDER ON ELLIOT LOEW’S COMPLAINT FOR CONTEMPT and NOTICE OF SCHEDULING CONFERENCE
Kenneth W. Salinger, Justice of the Superior Court
Defendant Elliot Loew has filed a complaint for contempt, alleging that he executed the stipulation of dismissal as previously ordered, but that he has not been paid the $ 7, 500 that he is owed under the parties’ settlement agreement. Loew seeks a judgment of contempt against Hutchins, Barsamian & Mandelcorn, LLP, and Theodore M. Hess-Mahan for not paying that settlement amount to Loew.
Although the facts alleged in Mr. Loew’s complaint for contempt may state a claim for breach of the settlement agreement, they do not appear to state a claim for contempt because they do not plausibly suggest that any party violated a court order. See, e.g., Mansur v. Clark, 25 Mass.App.Ct. 618, 620 (1988) ("Contempt does not lie for violating an agreement as such but only for violating a court order") (affirming dismissal of contempt complaint alleging that husband violated separation agreement); Town of Topsfield v. Beechill Corp., 9 Mass.App.Ct. 887, 887 (1980) ("contempt does not lie as a remedy in the absence of a ‘clear and unequivocal command’" by a court) (quoting United States Time Corp. v. G.E.M. of Boston, Inc., 345 Mass. 279, 282 (1963)).
The Court will hold a scheduling conference with Mr. Loew, Hutchins, Barsamian & Mandelcorn, Mr. Hess-Mahan (or their counsel) on Tuesday, April 9, 2019, at 2:00 p.m. to discuss whether the Court should dismiss the complaint for contempt but allow Mr. Loew to file a motion to enforce the settlement agreement. No summonses shall be issued pursuant to Mass.R.Civ.P. 65.3(d).