Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Daniel & Max LLC v. Bab Holding Co., LLC

United States District Court, D. New Mexico

July 3, 2019

DANIEL & MAX, LLC, Plaintiff,
v.
BAB HOLDING COMPANY, LLC, Defendant,

          MEMORANDUM OPINION AND ORDER

          HONORABLE GREGORY J. FOURATT, UNITED STATES MAGISTRATE JUDGE.

         THIS MATTER is before the Court on Plaintiff's Motion for Summary Judgment [ECF 11] (“Motion”), filed May 23, 2019. The Motion is fully briefed. See ECFs 15-17. After careful consideration of the pertinent law and the briefing, the Court will GRANT the Motion and enter judgment in favor of Plaintiff for the entire amount ($164, 475.00) due under the Settlement Agreement.[1]

         I. BACKGROUND

         For the purposes of the instant Motion, the following facts are not disputed. See ECFs 1 (Complaint), 6 (Answer); Mot. 1-3; Resp. 1-2.

         The Lease Agreement

         In April 2017, the parties entered into a Lease Agreement for the lease of commercial property owned by Defendant. Mot. ¶ 1; Resp. ¶ 1. The Lease Agreement expressly granted Plaintiff a “Tenant Allowance” (“Allowance”) in the amount of $168, 300.00. Mot. ¶ 2; Resp. ¶ 2. The Lease Agreement required Defendant to deliver the Allowance to Plaintiff to assist in payment for certain improvements that Plaintiff made to the property. Id. Defendant, however, “failed and refused to deliver” the Allowance to Plaintiff. Mot. ¶ 3; Resp. ¶ 3.

         The Settlement Agreement

         To resolve the dispute over Defendant's failure to pay the Allowance, the parties entered into a Settlement Agreement (“Agreement”) on February 6, 2019. Compl. Ex. A. Under the terms of the Agreement, Defendant agreed to pay Plaintiff $164, 475.00. Id. at ¶ 2. This sum was to be paid in two equal installments of $82, 237.50, with the first to be made on March 1, 2019, and the second on or before April 1, 2019. Id. at ¶ 3. Defendant, however, failed to make either payment. See Mot. ¶ 7-8; Resp. ¶ 7-8. Under the terms of the Agreement, the “failure to timely deliver the payments due in [the Agreement] shall constitute a default under this Agreement and will entitle [Plaintiff] to exercise the remedies set forth in [the Agreement].” Compl. Ex. A ¶ 4.

         The Agreement provides the following regarding default:

[Plaintiff] shall be entitled to apply to the Court for the immediate entry of a Final Judgment for the Settlement Sum, less any payments made under this Agreement. In the event of entry of any Final Judgment under this Agreement, the [Defendant] shall not seek to interfere in any manner with the entry of the Final Judgment, and will not seek rehearing on, move to vacate, move to set aside, appeal, or otherwise challenge, contest, or dispute the enforceability and validity of the Final Judgment if obtained in accordance with this Agreement. Accordingly, [Defendant] waives any and all defenses to such action, including jurisdiction, service of process, and venue.

Id. ¶ 5. Also, the Agreement expressly contemplates that costs and reasonable attorney's fees would be awarded to the prevailing party in any action or proceeding arising out of the Agreement. Id. ¶ 16. Finally, the parties agreed that the “Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida without reference to the conflict of laws principles thereof.” Id. ¶ 14.

         II. SUMMARY OF ARGUMENTS

         Plaintiff argues that, under the terms of the Agreement, Defendant's failure to make the two installment payments, an undisputed fact, entitles it to judgment as a matter of law. Mot. 4-5. Plaintiff also contends that the Agreement entitles it to be reimbursed for its costs and reasonable attorney's fees. Id. Defendant, on the other hand, merely requests that if the Court deems the record evidence insufficient to grant summary judgment, the Court allow the case to proceed through discovery before granting dispositive relief. Resp. 2. Defendant further requests that in the event judgment is granted in favor of Plaintiff, any award of attorney's fees be “reasonable.” Id.

         III. SUMMARY ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.