United States District Court, M.D. Georgia, Macon Division
ORDER GRANTING THE PARTIES' CROSS MOTIONS TO
ENFORCE SETTLEMENT AGREEMENT
E. SELF, III, JUDGE
the Court is Plaintiff's Motion to Enforce Judgment [Doc.
and Defendants' Motion for Enforcement of Settlement
Agreement [Doc. 28]. For the following reasons, the Court
GRANTS both Motions [Docs. 27, 28].
filed a complaint with this Court on November 8, 2018. [Doc.
1]. Approximately five months after the Court entered the
Scheduling/Discovery Order [Doc. 13], the Court received an
email from the Plaintiff's counsel informing the Court
that the parties reached a settlement
agreement. In a July 19, 2019 email, Defendants'
attorney offered $50, 000 to settle Plaintiff's bodily
injury claim in total without affecting the underlying
subrogation claim. See [Doc. 27-2]. Plaintiff
accepted the offer via email that same day. See
[Doc. 27-3]. Neither party disputes the fact that they
settled the case for $50, 000 on July 19th.
agreeing to the settlement, the parties' attorneys
bickered back and forth about whether the Plaintiff would
send the release to get the settlement check or whether the
insurance company would send the check in order to get the
release. See [Docs. 27-4, 27-5, 27-6, 28-4, 28-5,
28-6, 28-7]. On August 5, 2019 (17 days after settlement),
Plaintiff's attorney sent an email to Defendant's
attorney unilaterally demanding payment immediately and
agreeing to waive accrued interest if payment of the
“full amount due plus interest” is received
before 5:00 PM on August 6, 2019. See [Doc. 28-6].
In response, Defendants' attorney sent an email back to
Plaintiff's attorney explaining that he would overnight
the check as soon as he received it from Defendant, but noted
that it would be unlikely that he would be able to get the
check to Plaintiff's attorney by 5:00 PM on August 6,
2019. See [Doc. 28-7].
August 7, 2019, Plaintiff's attorney responded that the
demand was made on August 5, 2019, and the full amount owed
through August 6, 2019 is $50, 009.59, which included the
hefty sum of $9.59 that he believed to be accrued interest.
See [Doc. 27-7]. Additionally, Plaintiff's
attorney informed Defendant he would not accept any partial
payment and interest will continue to accrue daily on the
full amount at $9.589 per day until paid. See
[id.]. On August 9, 2019, Plaintiff's
attorney sent another email containing the same case
citations and explaining the full amount owed through August
8th had now grown to $50, 028.77. See [Doc. 27-8].
Further, Plaintiff's attorney expressed his intent to
make either a motion to enforce the settlement or a motion to
enter a judgment if the Defendants did not pay the settlement
amount, including interest, by the next week. See
[id.]. Two days later, Plaintiff's attorney sent a nearly
identical email claiming that Plaintiff was entitled to $50,
057.53. See [Doc. 27-9].
received a check for $50, 000 on August 16th.
Rather than cashing the check, Plaintiff's attorney sent
the check back to Broadspire (Travelers) because it did not
include $95.89 in accrued interest pursuant to O.C.G.A.
§ 7-4-15. See [Docs. 28-8, 27-10]. Plaintiff
then filed a motion for the Court to enforce the settlement
agreement, complete with accrued interest.
response, the Defendants filed their own retaliatory motion
to enforce settlement in which they contend they do not owe
any interest. See [Doc. 28]. Defendants also claimed
that they filed a motion for sanctions against Plaintiff, but
the Court has yet to receive such a motion. See
[Doc. 28, p. 4]
Court will not address the issue of the alleged interest owed
on the $50, 000 settlement in this order. That issue will be
addressed in the Motion Hearing the Court set for 10:00 AM
next Tuesday, August 27, 2019. This Court orders all
attorneys of record to attend the hearing, along with
Plaintiff and at least one representative of any insurance
company with supervisory authority over the litigation that
has settlement authority and authority to approve any motions
filed by counsel.
Court GRANTS Plaintiff's Motion to
Enforce Judgment [Doc. 27] insofar as it
CONSTRUES Plaintiff's Motion as a motion
to enforce the settlement agreement. The Court also
GRANTS Defendants' Motion for Enforcement
of Settlement Agreement [Doc. 28]. Plaintiff is
ORDERED to overnight the signed release to
Defendants by 12 PM this Thursday, August 22, 2019.
Defendants are ORDERED to overnight a check
for $50, 000 to Plaintiff by 12 PM this Thursday, August 22,
2019. Finally, both attorneys must send the Court an email
certifying that they completed these tasks immediately upon
 There has not been a judgment in this
case. As such, the Court will treat Plaintiff's Motion to
Enforce Judgment as a motion to enforce the settlement
agreement entered into between the parties.
 According to that email, a stipulation
of dismissal was supposed to be filed within two weeks of the
19th of July, 2019, but there still has not been a