Templates Litigation Court Documents Federal Motion to Enforce Settlement
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[COURT NAME]
[DIVISION] DIVISION

[PLAINTIFF NAME(S)], §
§
Plaintiff[s], §
§ CIVIL ACTION NO. [CASE NO.]
v. §
§
[DEFENDANT NAME(S)], §
§
Defendant[s]. §
________________________________________________§______________________________________________

[MOVING PARTY] MOTION TO ENFORCE SETTLEMENT AGREEMENT
________________________________________________________________________________________________

[// GUIDANCE: Insert any required local-rule header language here.]

NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, [MOVING PARTY] will and hereby does move the Court for an order enforcing the settlement agreement between the parties.

This Motion is based on the accompanying memorandum, declarations, the settlement agreement or other evidence of the agreed terms, and the pleadings on file.

MEMORANDUM OF POINTS AND AUTHORITIES

I. Introduction

The parties reached a binding settlement on [DATE]. [OPPOSING PARTY] has failed to comply with the settlement terms. The Court should enforce the agreement.

II. Background

  • Settlement reached on: [DATE].
  • Essential terms: [SUMMARY].
  • Performance due: [DATE].
  • Breach or non-compliance: [DESCRIBE].

III. Jurisdiction to Enforce

The Court has jurisdiction to enforce the settlement because [RETAINED JURISDICTION IN ORDER / INCORPORATION INTO JUDGMENT / INDEPENDENT BASIS].

IV. Legal Standard

Settlement agreements are enforceable contracts, and courts may enforce them where the parties agreed to the material terms.

V. Argument

A. The settlement agreement is valid and enforceable.
[Explain offer, acceptance, consideration, and meeting of the minds.]

B. The terms are definite and proven by admissible evidence.
[Cite the agreement, emails, or transcript.]

C. [OPPOSING PARTY] breached the agreement.
[Describe the breach and resulting harm.]

VI. Requested Relief

[MOVING PARTY] respectfully requests that the Court:
1. Enforce the settlement agreement according to its terms.
2. Order [OPPOSING PARTY] to perform within [NUMBER] days.
3. Award fees or sanctions if authorized by the agreement or law.

CONCLUSION

For the foregoing reasons, the Court should grant the Motion to Enforce Settlement.

Respectfully submitted,

text
Dated: [DATE]

______________________________
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for [MOVING PARTY]

CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing Motion to Enforce Settlement on all counsel of record via [METHOD OF SERVICE] in compliance with Fed. R. Civ. P. 5.

text
______________________________
[ATTORNEY NAME]

[PROPOSED] ORDER

The Court, having considered [MOVING PARTY]'s Motion to Enforce Settlement, ORDERS as follows:
1. The Motion is GRANTED.
2. The settlement agreement is enforceable and is ordered into effect.
3. [OPPOSING PARTY] shall perform its obligations by [DATE].

IT IS SO ORDERED.

Dated: [DATE]

______________________________________
[JUDGE NAME]
United States District Judge

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Federal Motion to Enforce Settlement

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