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Barham v. American Medical Link, Inc.

United States District Court, E.D. Virginia, Norfolk Division
Nov 5, 2010
ACTION NO. 4:10cv42 (E.D. Va. Nov. 5, 2010)

Summary

applying the American Rule and typical case law to a motion for attorney's fees associated with a motion to enforce a settlement agreement

Summary of this case from Free Bridge Auto Sales, Inc. v. Focus, Inc.

Opinion

ACTION NO. 4:10cv42.

November 5, 2010


ORDER


This matter comes before the court on the Motion to Enforce Settlement Agreement and Other Relief, filed by the plaintiff on August 23, 2010. The matter was referred to a United States Magistrate Judge by order of September 9, 2010, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and Federal Rules of Civil Procedure 72(b), to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned proposed findings of fact, if applicable, and recommendations for the disposition of the motion. The motion for attorney's fees filed by the plaintiff on September 15, 2010, was also referred to the United States Magistrate Judge.

The United States Magistrate Judge's Report and Recommendation was filed on October 19, 2010. The magistrate judge recommended that the plaintiff's Motion to Enforce the Settlement Agreement be granted and an Order be entered awarding plaintiff the settlement amount of Sixty Thousand Dollars ($60,000.00). The magistrate judge also recommended the plaintiff's request for attorneys' fees incurred in pursuing the enforcement of the agreed upon settlement be denied.

By copy of the report and recommendation of the magistrate judge, the parties were advised of their right to file written objections thereto. The court has received no objections to the magistrate judge's report and recommendation, and the time for filing same has expired. The court does hereby adopt and approve in full the findings and recommendations set forth in the Report and Recommendation of the United States Magistrate Judge filed October 19, 2010. Accordingly, the plaintiff's motion to enforce the settlement agreement is GRANTED. The plaintiff is hereby AWARDED the settlement sum of Sixty Thousand Dollars ($60,000.00), and the Clerk shall enter judgment in this amount against defendant. The plaintiff's motion for attorneys' fees is hereby DENIED.

The Clerk shall forward a copy of this Order to all parties of record.

It is so ORDERED.


Summaries of

Barham v. American Medical Link, Inc.

United States District Court, E.D. Virginia, Norfolk Division
Nov 5, 2010
ACTION NO. 4:10cv42 (E.D. Va. Nov. 5, 2010)

applying the American Rule and typical case law to a motion for attorney's fees associated with a motion to enforce a settlement agreement

Summary of this case from Free Bridge Auto Sales, Inc. v. Focus, Inc.

recommending a denial of attorney's fees in the context of a motion to enforce a settlement agreement where malfeasance was alleged generally but specific egregious conduct was not alleged specifically

Summary of this case from Free Bridge Auto Sales, Inc. v. Focus, Inc.

recommending applying these principles to enforce a settlement agreement

Summary of this case from Free Bridge Auto Sales, Inc. v. Focus, Inc.

recommending a denial of attorney's fees in the context of a motion to enforce a settlement agreement where malfeasance was alleged generally but specific egregious conduct was not alleged specifically

Summary of this case from Okie Int'l Co. v. Old Dominion Footwear, Inc.

recommending applying these principles to enforce a settlement agreement

Summary of this case from Okie Int'l Co. v. Old Dominion Footwear, Inc.
Case details for

Barham v. American Medical Link, Inc.

Case Details

Full title:LISA BARHAM, Plaintiff, v. AMERICAN MEDICAL LINK, INC., Defendant

Court:United States District Court, E.D. Virginia, Norfolk Division

Date published: Nov 5, 2010

Citations

ACTION NO. 4:10cv42 (E.D. Va. Nov. 5, 2010)

Citing Cases

Free Bridge Auto Sales, Inc. v. Focus, Inc.

Mungin v. Calmar Steamship Corp. 342, F. Supp. 484, 485 (D. Md. 1972). See also Barham v. Am. Med. Link,…

Okie Int'l Co. v. Old Dominion Footwear, Inc.

Because "a settlement agreement enjoys great favor with the courts, consequently, it is only in the most…