DonahueFavret Contractors, Inc. v. US Framing International, LLC

MOTION for Summary Judgment to Enforce Settlement

E.D. La.March 22, 2019

1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA DONAHUEFAVRET CONTRACTORS, INC., Plaintiff v. US FRAMING INTERNATIONAL, LLC, Defendant CIVIL ACTION NO. 2:17-CV-12019 JUDGE: JAY C. ZAINEY MAGISTRATE JUDGE: JOSEPH WILKINSON, JR. DONAHUEFAVRET CONTRACTORS, INC.’S MOTION FOR SUMMARY JUDGMENT TO ENFORCE SETTLEMENT NOW INTO COURT, through undersigned counsel, comes plaintiff DonahueFavret Contractors, Inc. (“DonahueFavret”), and pursuant to this Court’s January 23, 2019, Order of Dismissal (R. Doc. 40), respectfully requests that this Honorable Court grant summary judgment in its favor and against defendant U.S. Framing International, LLC (“US Framing”) to enforce the settlement that DonahueFavret and US Framing reached at the January 22, 2019, mediation of this matter. The Settlement Memorandum that each party signed and that DonahueFavret attaches as Exhibit A reflects the key terms of the parties’ settlement. As the Settlement Memorandum reflects, the parties contemplated negotiating and signing a more formal settlement agreement. On March 7, 2019, the undersigned counsel provided a proposed agreement to counsel for US Framing, a copy of which DonahueFavret attaches as Exhibit B. To date, DonahueFavret has not received suggested revisions or an executed agreement from US Framing. Case 2:17-cv-12019-JCZ-JCW Document 41 Filed 03/22/19 Page 1 of 2 2 WHEREFORE, in accordance with the deadline set forth in the Court’s January 23, 2019, Order of Dismissal (R. Doc. 40), DonahueFavret respectfully requests that the Court issue summary judgment in its favor and against U.S. Framing enforcing the settlement outlined on the parties’ January 22, 2019, Settlement Memorandum and the draft agreement attached and also providing for the award of attorneys’ fees in favor of DonahueFavret and against US Framing related to the necessity of filing this motion. Respectfully submitted, BAKER, DONELSON, BEARMAN CALDWELL & BERKOWITZ, P.C. BY: /s/Mark W. Frilot Mark W. Frilot, T.A. (27470) Matthew J. Guy (33166) 3 Sanctuary Blvd., Suite 201 Mandeville, Louisiana 70471 Telephone: (985) 819-8400 Facsimile: (985) 819 8484 mfrilot@bakerdonelson.com mguy@bakerdonelson.com COUNSEL FOR DONAHUEFAVRET CONTRACTORS, INC. CERTIFICATE OF SERVICE It is certified that on this 22nd day of March, 2019, a copy of the foregoing pleading was this date served upon all counsel of record via CM/ECF and/or placing a copy of the same in the United States Mail, with first class postage prepaid. /s/Mark W. Frilot Case 2:17-cv-12019-JCZ-JCW Document 41 Filed 03/22/19 Page 2 of 2