Free Response - District Court of Connecticut - Connecticut

1 {__ Case 3:03-cv-0036€55FiU Document 50 Filed 1 1/ 1 2/2004 Page 1 of 2
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ARTHUR A. GASEY DAVID J. MAHAIJGK
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DAVID J. BH {KH ROBERTA. CONLEY 1
vasmcs D. DOSSAS NOVEIIIBBT I 1, 2004
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I-Ion. Stefan R. Underhill
United States District Judge
District of Connecticut E
915 Lafayette Boulevard 1
Bridgeport, Connecticut 06604 1
Re: v.
Civil Action No. 3:03-cv-0366-SRU .
Dear Judge Underhill:
Black & Decker respectiiiliy submits this ietter addressing two issues raised in RoVic's letter
to the Court of November IO, 2004.
1. RoVic states that "the parties have not been able to agree on terms of a settlement E
agreement" This is not correct. With the assistance and supervision of Magistrate Judge Gariinkel
during the 4-1/2 hour October 26, 2004 settlement conference, the parties agreed upon all material 1
terms of settlement. This oral agreement is binding and enforceable: 1
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An oral agreement to settle the claims asserted by [plaintiff] is enforceable under E
federal law. Where a plaintiff knowingly and voluntarily agrees to settle his claims,
he is bound by his agreement.
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],,yj_g,5 v. gggmrngggial Lovelace Motor Freight, inc., 684 F.2d 501, 504 (7th Cir. 1982) (citations 1
omitted); Vg;i·~()»Matig Mach, Cog;. v. my Xgglg §gwigg Mach. Corp., 629 F.Supp. 257, 258-59
(S.D.N.Y. 1986) ("Faiiure to complete the formal stipulation papers does not mean that a settlement 1
was not in fact reached."); Taylor v. , 793 F.2d 858, 862 (7th Cir. i986) (an
oral settlement was binding and enforceable even though written drafts of the verbal agreement 1
uname). 1
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. Case 3:03-cv-0036%SBU Document 50 Filed 1 1/1 {#2304 Page 2 of 2
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Hon. Stefan R. Underhill
November ll, 2004 _
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In the case before this Court, there is no question that an agreement for settlement has been
. consummated. RoVic is now improperly attempting to change those terms in the formal written :
settlement documents. See e. g., Glas v. , 788 F.2d 450, 454-55 (7th Cir.
1 986) (under federal law, a party to an oral settlement agreement "cannot avoid the agreement merely I
because he subsequently believes the settlement insufficient ...“). Unfortunately, it appears that the
parties will need to request a hearing or conference call with Magistrate Judge Gartlnkel to confirm · 1 Q
the settlement terms which were agreed upon on October 26, 2004. K
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2. RoVic's letter also claims that "Black & Decker has been contacted about this matter, 1
but no response has been received? ln fact, Black & Decker's counsel Mr. Niro specifically agreed 1
with Mr. Lincierman (during a phone call on November 4) that the dismissal deadline should be I
moved to November 26 instead of November 13. Mr. Niro even revised the formal written
settlement sent to Mr. Lindennan on November 8 to neilect that the date for dismissal should be no _ |
later than November 26, 2004. It is inconceivable that RoVie would represent to this Court that it Q |
received "no response" from Black & Decker about changing the dismissal date to November 26. |
Black & Decker is available for a hearing or telephone conference at the Courts convenience. I
We appreciate the Courts attention to this matter. I
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Respectfully submitted,
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Raymond P. Niro, Jr. -
Attorney for Black & Decker j
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RPN]:/sls
cc: Honorable William I. Gariinkel 1
John C. Linderman (fax: 860/527-0464) _ 1 I
Patricia E. Reilly 1 1
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