Free Motion for Settlement - District Court of Delaware - Delaware

Case 1:08-cv-00003-GMS

Document 24

Filed 08/06/2008

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MEHMET AKSOY, Plaintiff, v. SELECTRUCKS OF AMERICA, LLC, Defendant. : : : : : : : : :

C.A. No. 08-003 (GMS)

JURY TRIAL DEMANDED

MOTION OF DEFENDANT, SELECTRUCKS OF AMERICA, LLC, TO ENFORCE THE SETTLEMENT AGREEMENT Defendant, SelecTrucks of America, LLC, by and through its undersigned counsel, hereby moves this Honorable Court to enter the attached Order enforcing the settlement agreement in the above-captioned matter and states the following in support of its Motion: 1. On or about January 3, 2008, plaintiff instituted this action against defendant

seeking damages allegedly sustained in connection with the lease of a used tractor trailer which he obtained on July 31, 2006. 2. This case is scheduled for trial on October 14, 2008. A mediation conference is

scheduled for September 19, 2008 with Magistrate Judge Stark. Discovery ends on August 14, 2008. 3. After obtaining documents evidencing the service history, maintenance history

and mileage history of the subject vehicle, plaintiff's counsel, Rick S. Miller, Esquire, recognized the weaknesses of plaintiff's case and advised his client of same. See, plaintiff's counsel's Motion to Withdraw as Counsel at ¶¶3-4. [D.I. 23] 4. Plaintiff's counsel subsequently sought and obtained plaintiff's authority to

dismiss this matter on July 28, 2008. [D.I. 23 at ¶4]

Case 1:08-cv-00003-GMS

Document 24

Filed 08/06/2008

Page 2 of 5

5.

On July 30, 2008, plaintiff's counsel contacted the undersigned to discuss the

possibility of settling the case. During that conversation, plaintiff's counsel acknowledged the weaknesses in his case. Through some negotiation, the parties agreed to settle this matter on July 31, 2008 for a total of sum of $4,000.00 in exchange for a release to be executed in favor of the defendant and a dismissal of the case with prejudice. [D.I. 23 at ¶4] See also, defense counsel's correspondence to plaintiff's counsel confirming the settlement agreement, attached hereto as Exhibit "A". 6. As a result of the settlement agreement, counsel agreed to cancel the depositions

of the plaintiff and defendant's former operations manager which were scheduled to take place on August 4, 2008. 7. On August 1, 2008, plaintiff's counsel informed the undersigned that the plaintiff

"has had second thoughts about settlement". A copy of the communication from plaintiff's counsel is attached hereto as Exhibit "B". See also, D.I. 23 at ¶5. At the request of plaintiff's counsel, the undersigned agreed to give the plaintiff some additional time to reconsider his position regarding settlement prior to filing the instant motion. 8. Based upon the representations in plaintiff's counsel's Motion to Withdraw,

plaintiff refuses to comply with the terms of the settlement agreement. [D.I. 23 at ¶6] 9. 10. Defendant seeks an order enforcing the settlement agreement reached in this case. Plaintiff gave his attorney authority to resolve and dismiss this case. More

specifically, plaintiff's counsel's was authorized to dismiss the case with no compensation to be paid to the plaintiff. Plaintiff's counsel, acting on such authority, entered into an agreement to dismiss the case in exchange for a settlement that was more favorable for the plaintiff than the authority of zero compensation which had previously been given.

Case 1:08-cv-00003-GMS

Document 24

Filed 08/06/2008

Page 3 of 5

11.

Because plaintiff's counsel had authority to dismiss the case and entered into an

agreement within the extent of that authority, a contract exists between the parties to settle this case for $4,000.00. 12. Accordingly, the defendant respectfully requests this Court to enforce the

aforementioned settlement agreement and dismiss this case with prejudice. 13. "A District Court has jurisdiction to enforce a settlement agreement entered into

by litigants in a case pending before it." Leonard v. Univ. of Delaware, 204 F. Supp. 2d 784, 787 (D. Del. 2002), cert. denied, 124 S. Ct. 809, (U.S., Dec. 1, 2003). See also, Liberate Technologies, LLC v. Worldgate Communications, Inc., 133 F. Supp. 2d 357, 358 (D. Del. 2001) and The Intellisource Group, Inc. v. Williams, C.A. No. 98-57-SLR, 1999 U.S. Dist. LEXIS 12446, at *10 (D. Del. Aug. 11, 1999). 14. "To do so, the court must determine whether the settlement agreement at issue is

an enforceable contract under Delaware law." Leonard, 204 F. Supp. 2d at 787 citing, Intellisource, 1999 U.S. Dist. LEXIS 12446, at *12. "Under Delaware law, a contract 'comes into existence if a reasonable person would conclude, based on the objective manifestations of assent and the surrounding circumstances, that the parties intended to be bound by their agreement on all essential terms.'" Id. (citations omitted). Therefore, the Court can find there is an enforceable contract if the parties have reached a definite agreement on all essential terms. Id. (citations omitted). 15. In addition, a party's attorney of record is presumed to have the lawful authority to

enter into a settlement agreement on behalf of his or her client. See, Clark v. Ryan, 1992 Del. Ch. LEXIS 145 (Del. Ch. Ct.1992), citing Aiken v. National Fire Safety Counsellors, 127 A.2d 473, 475 (Del. Ch. Ct. 1956) ("An attorney of record in a pending action who agrees to a

Case 1:08-cv-00003-GMS

Document 24

Filed 08/06/2008

Page 4 of 5

compromise of a case is presumed to have lawful authority to make such an agreement.") Therefore, when a party's attorney accepts a settlement offer on his client's behalf, the acceptance of that offer creates a binding, contractual settlement agreement which can be enforced by the Court under the principles of contract law. 16. In this case, the parties reached an agreement on all essential terms. Plaintiff's

counsel, pursuant to the authority given by his client, agreed to accept defendant's $4,000.00 offer in full and final settlement of all claims. There were no outstanding issues. There was no ambiguity with respect to the terms. The parties agreed that, in exchange for the payment of $4,000.00 to the plaintiff, the plaintiff would execute a release in favor of the defendant and dismiss this case with prejudice. 17. Settlement agreements are "binding contracts," "not pliable instruments,

changeable and challengeable at will." Leonard, 204 F. Supp. 2d at 788. Plaintiff is not entitled to change his mind after an enforceable settlement agreement is reached pursuant to the authority given to his counsel. 18. Based upon the foregoing, defendant respectfully requests that the Court enforce

the settlement agreement reached in this matter. Defendant also seeks recovery of attorney's fees and costs incurred in the preparation and presentation of this Motion.

Case 1:08-cv-00003-GMS

Document 24

Filed 08/06/2008

Page 5 of 5

WHEREFORE, defendant, SelecTrucks of America, LLC, respectfully requests that this Honorable Court enter the attached Order granting defendant's Motion to Enforce the Settlement Agreement.

MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN

BY:

/s/ Tracy A. Burleigh (ID No. 3609) TRACY A. BURLEIGH, ESQUIRE 1220 North Market St., 5th Floor P.O. Box 8888 Wilmington, DE 19899 (302) 552-4304 Attorney for Defendant, SelecTrucks of America, LLC

DATED: August 6, 2008
15/654040.v1

Case 1:08-cv-00003-GMS

Document 24-2

Filed 08/06/2008

Page 1 of 3

Case 1:08-cv-00003-GMS

Document 24-2

Filed 08/06/2008

Page 2 of 3

Case 1:08-cv-00003-GMS

Document 24-2

Filed 08/06/2008

Page 3 of 3

Case 1:08-cv-00003-GMS

Document 24-3

Filed 08/06/2008

Page 1 of 4

Case 1:08-cv-00003-GMS

Document 24-3

Filed 08/06/2008

Page 2 of 4

Case 1:08-cv-00003-GMS

Document 24-3

Filed 08/06/2008

Page 3 of 4

Case 1:08-cv-00003-GMS

Document 24-3

Filed 08/06/2008

Page 4 of 4

Case 1:08-cv-00003-GMS

Document 24-4

Filed 08/06/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MEHMET AKSOY, Plaintiff, v. SELECTRUCKS OF AMERICA, LLC, Defendant. : : : : : : : : :

C.A. No. 08-003 (GMS)

JURY TRIAL DEMANDED

ORDER AND NOW, this _____ day of _______________, 2008, upon consideration of Defendants' Motion to Enforce the Settlement Agreement, and any responses thereto, IT IS HEREBY ORDERED that Defendant's Motion is GRANTED. Plaintiff shall provide the executed Release and Stipulation of Dismissal to counsel for defendant within ten (10) days of the date of this Order. In addition, defense counsel is awarded $ incurred in the preparation and presentation of the Motion. in attorney's fees and costs

J.
15/654315.v1