Filed: Oct. 29, 2018
Latest Update: Oct. 29, 2018
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This case is before the Court on Plaintiffs' Motion to Enforce Defendants' Compliance with Settlement Agreement, (Doc. 55), and Plaintiffs' Motion to File Settlement Agreement Figures Under Seal, (Doc. 56). Defendants responded to Plaintiffs' motion to enforce the settlement. (Doc. 57). Upon review, the parties never had a "meeting of the minds" on all essential terms of their settlement agreement. See State v. Family Bank of Hallandale , 623
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This case is before the Court on Plaintiffs' Motion to Enforce Defendants' Compliance with Settlement Agreement, (Doc. 55), and Plaintiffs' Motion to File Settlement Agreement Figures Under Seal, (Doc. 56). Defendants responded to Plaintiffs' motion to enforce the settlement. (Doc. 57). Upon review, the parties never had a "meeting of the minds" on all essential terms of their settlement agreement. See State v. Family Bank of Hallandale , 623 S..
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ORDER
TIMOTHY J. CORRIGAN, District Judge.
This case is before the Court on Plaintiffs' Motion to Enforce Defendants' Compliance with Settlement Agreement, (Doc. 55), and Plaintiffs' Motion to File Settlement Agreement Figures Under Seal, (Doc. 56). Defendants responded to Plaintiffs' motion to enforce the settlement. (Doc. 57).
Upon review, the parties never had a "meeting of the minds" on all essential terms of their settlement agreement. See State v. Family Bank of Hallandale, 623 So.2d 474, 480 (Fla. 1993). Plaintiffs believed that the models excluded from the settlement agreement would be able to continue their claims, whereas Defendants believed that the excluded models were required to dismiss their claims—both of which are reasonable interpretations of the negotiations. (See Docs. 55-2; 55-6; 57-2).1 Absent mutual assent, no enforceable agreement was ever formed. Hallandale, 623 So. 2d at 480.
Accordingly, it is hereby
ORDERED:
1. Plaintiffs' Motion to Enforce Defendants' Compliance with Settlement Agreement (Doc. 55) is DENIED.2
2. Plaintiffs' Motion to File Settlement Agreement Figures Under Seal (Doc. 56) is DENIED as moot.
3. The parties have to November 30, 2018 to determine whether they will settle this case or go to trial. If the parties are unable to settle this case, then not later than December 6, 2018, the parties shall jointly inform the Court of their requested trial term.
DONE AND ORDERED
