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2:17-cv-06565
E.D. La.
Jun 13, 2019
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Background

  • 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)
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Case Details

Case Name: U.S. Equal Employment Opportunity Commission v. Amy's Country Candles, LLC
Court Name: District Court, E.D. Louisiana
Date Published: Jun 13, 2019
Citation: 2:17-cv-06565
Docket Number: 2:17-cv-06565
Court Abbreviation: E.D. La.
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    U.S. Equal Employment Opportunity Commission v. Amy's Country Candles, LLC, 2:17-cv-06565