2:17-cv-06565
E.D. La.Jun 13, 2019Background
- EEOC sued Amy’s Country Candles, LLC under Title VII; parties entered a settlement reflected in a November 19, 2018 final judgment.
- Settlement required defendant to pay victim Chelsea Donnelly $6,500: $2,000 within one month of judgment, then $300 monthly until paid.
- Agreement provided that a missed payment, uncured within five days of written notice, would accelerate the entire remaining balance.
- Plaintiff says the initial $2,000 was not paid on time, accelerating the full $6,500; as of May 7, 2019, $3,600 remained unpaid.
- On May 2, 2019, defendant’s counsel moved to withdraw; EEOC opposed.
- The court retained jurisdiction to enforce the settlement and considered the withdrawal motion under local withdrawal standards and equitable concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel should be allowed to withdraw as counsel of record | Withdrawal would prejudice enforcement of the settlement and delay resolution; counsel should remain to ensure compliance | (Not stated to court) counsel offered no reason for withdrawal | Denied: counsel may not withdraw where no reason given and withdrawal could prejudice plaintiff or delay enforcement |
Key Cases Cited
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994) (a court may retain jurisdiction to enforce a settlement by including a retention provision in its dismissal order)
- Broughten v. Voss, 634 F.2d 880 (5th Cir. 1981) (court must ensure litigation prosecution is not disrupted by attorney withdrawal)
