Livingston v. Vision Financial Corp.
Filing
13
ORDER : 11 Motion to Enforce the Settlement Agreement and for Entry of Judgment in favor of the Plaintiff and against the Defendant and this Order to be served by 4/3/13. Defendant shall respond to 11 Motion to Enforce at the earlier of 14 calendar days after service or by 4/17/13. by Magistrate Judge Boyd N. Boland on 3/20/13. (bnbcd, )
<![CDATA[
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 12-cv-03190-RPM-BNB
DOETTA LIVINGSTON,
Plaintiff,
v.
VISION FINANCIAL CORP., a New York corporation,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the plaintiff’s Motion to Enforce the Settlement Agreement and
for Entry of Judgment for the Plaintiff and Against the Defendant [Doc. # 11, filed
3/18/2013] (the “Motion to Enforce”).
This case involves a claim under the Fair Debt Collection Practices Act. Service of the
summons and complaint was made on December 6, 2012, and proof of service was filed with the
court on December 7, 2012. Return of Service [Doc. # 5]. The case was set for a scheduling
conference to occur on February 6, 2013. Order [Doc. # 6]. On January 30, 2013, plaintiff’s
counsel filed a Notice of Settlement [Doc. # 7] indicating that the case was resolved and that a
notice of dismissal would be filed by February 8, 2013. The defendant had not yet appeared. On
the strength of the Notice of Settlement, I vacated the scheduling conference and ordered the
parties to file a stipulation of dismissal on or before February 8, 2013. Minute Order [Doc. # 8].
I extended the deadline to file a stipulation of dismissal to March 1, 2013. Minute Order [Doc. #
10].
On March 18, 2013, the plaintiff filed her Motion to Enforce. According to the plaintiff,
the defendant was required to deliver the settlement funds on or before February 5, 2013, but has
failed to do so. Motion to Enforce [Doc. # 11]. The defendant still has not appeared in the
action.
IT IS ORDERED:
(1)
The plaintiff shall cause the Motion to Enforce [Doc. # 11] and this Order to be
served on the in the manner prescribed by Fed. R. Civ. P. 4(h) on or before April 3, 2013; and
(2)
The defendant shall respond to the Motion to Enforce [Doc. # 11] at the earlier of
14 calendar days after service pursuant to ¶1 above or April 17, 2013.
Dated March 20, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
