UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 9, 2009
PEOPLE OF THE STATE OF CALIFORNIA, AND CITY OF LODI, CALIFORNIA, PLAINTIFFS,
M & P INVESTMENTS, A CALIFORNIA PARTNERSHIP, ET AL., DEFENDANTS.
MEMORANDUM AND ORDER AND RELATED CROSS-CLAIMS, COUNTERCLAIMS, THIRD PARTY CLAIMS AND FOURTH PARTY CLAIMS
This matter is before the court on plaintiff City of Lodi's (the "City") motion to enforce the settlement agreement among the City and the Ackel defendants.*fn1 Specifically, the City seeks an order requiring the Ackel defendants to deliver payment of the agreed upon settlement amount of $250,000 to the City within ten days of the court's order granting the motion. The City maintains that such an order is warranted because the Ackel defendants have failed to provide said monies by the agreed upon date of June 16, 2008 (which was within 30 days of this court's approval of the parties' settlement agreement on May 16, 2008). The City also seeks an award of $1,680.00 in attorneys' fees incurred in bringing this motion.
The Ackel defendants do not oppose the motion and acknowledge their obligation to pay said sum to the City. (Opp'n, filed Oct. 2, 2009 [Docket #3045].) However, they ask the court to postpone ruling on the motion and order the parties to conduct one final mediation session to permit the Ackel defendants to attempt to resolve the ongoing dispute with their insurer, United States Fidelity and Guaranty Company ("USF&G"), which the Ackel defendants claim is the sole impediment preventing them from complying with the terms of the settlement. The Ackel defendants represent that recent discussions with USF&G suggest that a further mediation session will permit the parties to resolve this issue without the court's involvement.*fn2
The City opposes any further continuation of the motion, or in the alternative, asks the court to set a deadline for the suggested mediation and direct that the Ackel defendants conduct the mediation at their expense. (Reply, filed Oct. 5, 2009 [Docket #3047].)
Considering the Ackel defendants' representation that they believe a further mediation session will resolve the matter short of this court's involvement, the court HEREBY continues the instant motion to November 13, 2009 at 10:00 a.m. in Courtroom 2. The court orders the Ackel defendants to schedule, at their expense, a mediation session with the court appointed mediator in this case, Lester Levy, within 30 days of this order.*fn3
Individuals with full settlement authority as to the insurance policies issued by USF&G to the Ackel defendants shall attend said mediation session.
IT IS SO ORDERED.