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Gordon v. Carruthers

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


July 2, 2010

ROZE U GORDON, PLAINTIFF,
v.
D. SCOTT CARRUTHERS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Roanne L. Mann United States Magistrate Judge

MEMORANDUM AND ORDER

ROANNE L. MANN, UNITED STATES MAGISTRATE JUDGE

In a letter dated July 1, 2010 ("7/1/10 Def. Letter"), defendants D. Scott Carruthers and Regent Asset Management Solutions, Inc. (collectively, "defendants") request that the Court "enforce the settlement of this matter and cancel the July 6, 2010 hearing or excuse Mr. Carruthers' personal appearance thereat." 7/1/10 Def. Letter at 1. Plaintiff Roze U. Gordon ("plaintiff") opposes the application, stating that no agreement had been reached regarding a payment schedule for any settlement. See Letter to the Court from Plaintiff's Counsel (July 1, 2010).

The Court is in no position to enforce a settlement at this point, where the parties dispute whether agreement had been reached on the material terms of the settlement.*fn1

Today defendants filed another letter, stating that the parties have reached agreement to settle the case with a lump sum payment, and requesting that the July 6th hearing be cancelled. See Letter to the Court from Defense Counsel (July 2, 2010). Plaintiff reportedly does not consent to this request. See id.

Given the history of this litigation, the Court declines to cancel Tuesday's hearing. Instead it is adjourned to July 22, 2010, at 12:15 p.m.

SO ORDERED.


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