United States District Court, S.D. New York
OPINION & ORDER
J. PECK, United States Magistrate Judge
been advised that the parties reached a settlement agreement
in principle, the Court dismissed this action with prejudice
on March 30, 2017, but allowed reinstatement within thirty
days if the settlement was not fully effectuated. (Dkt. No.
45.) On April 3, 2017, when defendant Leonard Dykstra refused
to sign the consent judgment, plaintiff Noah Scheinmann moved
to reopen the case to enforce the settlement. (Dkt. No. 46.)
The Court reopened the case to consider Scheinmann's
motion. (Dkt. No. 48.) The parties have consented to decision
of the case by a Magistrate Judge pursuant to 28 U.S.C.
§ 636(c). (Dkt. No. 36.) For the reasons set forth
below, Scheinmann's motion to enforce the settlement is
GRANTED, but his request for attorneys' fees is
DENIED. Put another way, Dykstra's position has
March 13, 2017, Scheinmann's counsel, Jon Bierman, sent
Dykstra's counsel, Jeremy Smith, the following email:
Thank you for sending over the documents. I propose settling
this matter on the following terms:
• Mr. Dysktra agrees to an up-front payment of some
amount. I realize that he has significant financial
difficulties and I am not talking about a large number. You
tell me what he can come up with.
• Mr. Dysktra consents to a judgment being taken in
favor of Mr. Scheinmann in the amount of $15, 000 less the
amount of the up-front payment, and
• Mr. Dykstra dismisses his counterclaim with prejudice.
This offer remains open until 5 pm (central time) on
Wednesday, March 15th.
(Dkt. No. 46-1: Bierman Aff. Ex. 1: 3/13/17 Email.)
March 14, 2017, Smith responded:
My client can agree to the second and third terms, but he
does not have any money to pay towards the $15, 000. He was
counting on the Harper Collins money (as was I) and his other
lawsuit was dismissed on summary judgment.
Please let me know if we have a ...