United States District Court, W.D. Missouri, St Joseph Division
NANETTE K. LAUGHREY, UNITED STATES DISTRICT JUDGE.
Cornerstone Property Investments, LLC, Cornerstone Property
Investments, LLC, Woodland Trace, LLC, and Randall Tate
(collectively, “Cornerstone”) move to enforce a
settlement agreement, seek leave to interplead the settlement
funds, and seek a protective order. Doc. 23. As discussed
below, the Court grants the unopposed motion for a protective
order and the unopposed motion to enforce the settlement
agreement, but denies the portion of the motion seeking to
interplead the settlement funds.
and Plaintiff mediated their disputes on December 4, 2018 and
reached a confidential settlement. The Court accordingly
dismissed the action, but retained jurisdiction to enforce
the settlement. Doc. 22.
appears to be a dispute between Plaintiff's current
counsel, Aldo Dominguez, and Plaintiff's former counsel,
James Roswold and others at the firm of Kansas City Accident
Injury Attorneys (“KCAIA”), as to the amount of
and entitlement to attorney fees due them from the sum of
money that Cornerstone has agreed to pay Plaintiff.
the time for Plaintiff and her counsel to respond expired on
February 7, 2019, (see Local Rule 7.0(c)(2)), to
date, Mr. Dominguez has filed no response to the pending
motion. KCAIA, on the other hand, filed a response,
indicating that it takes no position with respect to the
portion of the motion seeking enforcement of the settlement
agreement, that it agrees to sign a reasonable
confidentiality order to learn the confidential settlement
terms, and that it agrees that, if the settlement is
enforced, the disputed settlement funds should be
interpleaded and deposited into the Court's registry,
with the provision that the portion of the settlement
proceeds that are not in dispute be paid to Plaintiff as soon
as possible. Kansas City Accident Injury Attorneys'
Response to Defendants Cornerstone Properties Group, Inc.,
Cornerstone Property Investments, LLC, Woodland Trace, LLC
and Randall Tate's Motion to Enforce Settlement and
Request Leave to Interplead the Settlement Funds, Doc. 24,
light of the fact that Cornerstone's motion is unopposed,
the Court GRANTS the motion for a protective order and the
motion to enforce the settlement agreement. However, the
Court DENIES the motion to interplead the settlement funds
for want of jurisdiction.
Court accordingly enters the following orders:
terms of the settlement agreement and the amount of
settlement are deemed confidential.
Cornerstone Defendants are permitted to share information
about the settlement with Plaintiff, Mr. Dominguez, and
entry of this Order, Cornerstone will cooperate with
Plaintiff, Mr. Dominguez, and KCAIA to provide, to the extent
that each person or firm does not yet possess them, the terms
of the settlement, including the amount.
Mr. Dominguez, and KCAIA are not permitted to further share
any settlement information, except that they may share such
information with their attorneys and experts, if necessary,
but only after such attorneys and experts agree to be bound
by this Protective Order.
Mr. Dominguez, and KCAIA are not permitted to publicly file
the settlement terms in this case, although, if they wish,
they may move for leave to file such information under seal
and in redacted form. No. one may file any material under
seal or in redacted form unless the filer has first moved for
and been granted leave to do so.
OF THE ...