United States District Court, E.D. Kentucky, Northern Division, Ashland
MEMORANDUM OPINION AND ORDER
R. Wilhoit, Jr., United States District Judge
matter is before the Court upon Defendants Gateway Area
Development, Inc. and Gail Wright's Motion to Enforce
Settlement Agreement and Dismiss All Plaintiffs Claims
[Docket No. 58]. The motion has been fully briefed by the
parties [Docket Nos. 58-1, 59 and 62] and for the reasons
stated herein, the Court finds that the settlement agreement
is enforceable and, as such, Plaintiffs claim will be
present action arises out of Mr. Cope's termination from
employment with Gateway Area Development District, Inc.
("GADD") and subsequent litigation. This lawsuit
has traveled a lengthy and tortured path. Ultimately, in a
notice filed on March 2, 2016, the parties jointly informed
the Court that they had reached a settlement agreement and
that they only needed to finalize a release agreement to
complete the settlement.
of negotiating the language of the agreement followed,
including revisions of language in the release and inclusion
of an indemnification provision. Copies of the emails between
counsel are attached to Defendants' motion. The emails
confirm they reached a final agreement on the language of the
April 15, 2016, after having had 23 days to consider the
release language, Plaintiffs counsel emailed undersigned
I actually had a chance to speak with Mr. Cope today and he
has agreed to sign the Agreement with a few minor
modifications to Paragraphs 3.1, 4.2, and 4, 5. The changes
are highlighted below in BOLD CAPS. Please make these changes
and forward me a revised Agreement, and I will get his
[Docket No. 58-7, Email Exchange between Tony Bucher, counsel
for Plaintiff, and D. Barry Stilz, counsel for GADD and Ms.
Wright, dated April 15 and 18, 2016] (emphasis added).
Plaintiffs counsel excerpted the language of the agreement
his client wished to change and bolded and capitalized the
proposed revisions. Id. Defendants' counsel
responded on April 18, 2016:
Attached is a revised version of the Release incorporating
your last changes. Please let me know when you have the
Release signed and will exchange it for the check. Thanks.
indicated in the email, Defendants' counsel attached a
revised version of the Release Agreement, which incorporated
the Plaintiffs requested revisions and made no other changes.
those assurances, however, the Plaintiff refused to sign the
seek entry of an Order enforcing the agreement. In his
response to Defendants' motion, Plaintiff does not
dispute the existence of an agreement, but asks that the
Court insert additional terms into it; terms that are not