United States District Court, W.D. Missouri, Western Division
ORDER DENYING MOTIONS CONCERNING PURPORTED
KAYS, UNITED STATES DISTRICT COURT CHIEF JUDGE
lawsuit arises from Defendant's Snezana Strothmann's
(“Defendant”) alleged guarantee of a loan. The
borrower defaulted, and now Plaintiff Radiance Capital
Receivables Eighteen, LLC, (“Radiance”) has sued
to enforce Defendant's alleged guarantee.
before the Court are Defendant's Motion to Enforce
Settlement Agreement (Doc. 55) and Motion to Pay Settlement
Proceeds Into Court (Doc. 59). Defendant contends the parties
reached a settlement agreement on June 30, 2017, which
Plaintiff refuses to honor. Plaintiff responds that although
the parties had extensive preliminary discussions, no
settlement was ever reached.
motions are DENIED because the Court finds that: (1) reducing
the settlement agreement to writing was a condition precedent
to the contract's formation, a condition which has not
been met here, and (2) Defendant has not carried her burden
of showing by clear, convincing, and satisfactory evidence
that a settlement agreement exists.
parties agree on the essential facts, but dispute a few of
the details. Where the parties' versions differ, the
Court has adopted the account provided by Marc Wilson
(“Wilson”), Plaintiff's counsel, because his
account was made under oath and is credible.
23, 2017, Wilson had a forty-minute phone call with Defense
counsel Dan Simon (“Simon”). The call mostly
concerned discovery matters, but at some point Simon
suggested the case could be settled if the parties were in
the same settlement range. Wilson told Simon that any
settlement must be subject to written agreement and review
and approval by Radiance. Wilson stated this was because he
had not discussed with Radiance what other material terms it
would require. Simon agreed, indicating his client would
expect the same. Simon subsequently provided Wilson a number
that Wilson took back to Radiance for consideration.
26, Radiance requested additional information about
Defendant's proposed method and timing of payments.
29 at 11:25 a.m., Kelly Ricke, an attorney working with
Simon, sent Wilson the first in a string of emails.
Subject: Strothmann Discovery
Would you mind giving us until Monday on the answers to your
second rogs and requests? Thanks,
chain (Doc. 65-2). That afternoon, Wilson emailed back Ms.
Ricke and Simon:
Yes, that sounds good. I'd like to know also if I can get
the tax returns mentioning Delta Springs. I have to head to a
funeral out of state next week, and I likely won't get
back in the office until Friday, the deadline for motions.
Regarding the possibility of settlement, we are in the same
range we discussed, Dan, but the ultimate amount depends upon
the timing of payment (i.e., one payment within a few weeks
v. scheduled payments), and they would like legal covered on
top of that, which will range from $25-$30, 000 at this
Please let me know your thoughts on the timing of payment and
I'll run it by Radiance to see if they are willing to
provide a number.
and Simon subsequently discussed the method and timing of any
settlement payments in a two and one-half minute phone call.
During the call, Wilson reiterated that any agreement must be
reduced to writing and subject to review and approval by his