Dupree v. United States of America

Background

Counsel for Courtney Dupree wrote to the court seeking enforcement of a settlement agreement with the United States. According to the letter, the parties resolved Dupree’s civil-rights claims during summary-judgment briefing after completing fact and expert discovery. The parties filed a Stipulation and Order of Settlement and Dismissal on May 4, 2020, and the court approved it on May 8, 2020.

The letter stated that no payment had been made more than two months after the settlement was approved. It also stated that the United States had indicated payment might take another two or three weeks but could not guarantee a payment date. Dupree’s counsel argued that the settlement became effective when the court entered it and that payment was therefore due on May 8, 2020. Counsel also argued that, even without a specific deadline, the law requires payment within a reasonable time.

Requested relief

Dupree’s counsel asked the court to order payment within seven days. Counsel further requested that, if payment was not made, the court enter judgment against the United States so that post-judgment interest could begin accruing. The letter discussed payment through the federal Judgment Fund for Federal Tort Claims Act matters, but the supplied text does not state that the court adopted counsel’s legal arguments.

Court’s action

On July 22, 2020, Judge Alison J. Nathan ordered the government to show cause within one week why it had not made a payment in the matter. The supplied opinion does not show a final ruling granting or denying the request to enforce the settlement, ordering payment, or entering judgment.