Rivera v. Eastland Assoc Corp.

Background

Santos Rivera brought this wage-and-hour case individually and on behalf of similarly situated people against Eastland Assoc Corp. and Benedetto Cupo. The parties reached a settlement, which the court approved on July 5, 2023. Under the agreement, the defendants agreed to pay $25,000, including attorneys’ fees and costs. The court retained jurisdiction, meaning it kept authority to enforce the settlement agreement.

Rivera moved to enforce the settlement agreement on August 26, 2024. The agreement provided that, after notice of a breach and seven calendar days to cure it, all amounts due would become immediately payable. It also provided that, if the defendants defaulted and judgment was entered, they would be jointly and severally liable for the amount due and for reasonable attorneys’ fees and costs incurred to enforce the agreement and judgment.

On September 12, 2024, the court ordered the defendants to show cause by October 2, 2024, why judgment should not be entered for $25,000 based on noncompliance with the settlement. The defendants did not respond.

Ruling

Judge Katharine H. Parker granted Rivera’s motion to enforce the settlement agreement and for entry of judgment. The court ordered judgment in Rivera’s favor against the defendants for $25,000. The defendants are jointly and severally liable, meaning Rivera may enforce the full amount against either defendant or both. The court also stated that Rivera may apply for fees and costs associated with enforcing the judgment.

Disposition

The motion was GRANTED. Judgment was ordered in favor of Rivera against the defendants for $25,000. The opinion did not itself award a specific additional amount for attorneys’ fees or costs.