United States District Court, S.D. Indiana, Indianapolis Division
ERIC B. SCHNURER, et al. Plaintiffs,
DAVID F. LYNN, et al. Defendants.
Jane Magnus-Stinson, Chief Judge
before the Court is Plaintiffs' Motion to Enforce
Settlement Agreement, and for Entry of Final Judgment and
Other Relief. [Filing No. 80.] The parties to this
ERISA matter reached a settlement agreement following a
settlement conference with the Magistrate Judge. [See
Filing No. 73; Filing No. 78; Filing No.
80-1; Filing No. 81.] That agreement allows for
Plaintiffs to file an executed agreed judgment in the event
Defendants default on their obligations set forth in an
accompanying promissory note. Defendants defaulted, and
Plaintiffs filed the agreed judgment. In addition, Plaintiffs
filed their Motion to Enforce and a new proposed final
judgment. Despite the title of their Motion, several of
Plaintiffs' requests seek not to enforce the settlement
agreement, but to either amend or litigate it. For the
reasons set forth below, the Court GRANTS IN
PART and DENIES IN PART
Schnurer brought this lawsuit against Karen Kinder, David
Lynn, and Sequoia Consulting Group, Inc.
(“Sequoia”) in February 2018 in the
Eastern District of Pennsylvania. [Filing No. 1.] At
the parties' request, the matter was transferred to this
Court on May 15, 2018. [Filing No. 13.] Mr. Schnurer
filed an Amended Complaint on July 24, 2018, joining as
plaintiffs Daniela Sharfstein, Jennifer Wall, and Stephanie
Walsh. [Filing No. 40.] The Magistrate Judge held a
successful settlement conference with the parties on November
30, 2018 and directed Plaintiffs to “file a motion to
dismiss or close this cause and submit an order for the
Court's signature” within thirty days. [Filing
No. 73.] The parties received numerous extensions to
comply with this directive before Plaintiffs finally filed
the instant Motion to Enforce on May 22, 2019. [Filing
filed several documents in support of their Motion. The first
is the settlement agreement itself. That document provides in
[Filing No. 81-1 at 3-6.] The agreement also
contains mutual releases which are void as to the
nonbreaching party in event of a breach. [Filing No. 81-1
to paragraph 3 of the settlement agreement, Plaintiffs filed
an executed Agreed Judgment on May 22, 2019. [Filing No.
80-4.] That document provides in part as follows:
1. JUDGMENT shall lie and is hereby entered in favor of Erie
B, Schmircr and against Sequoia Consulting Group, Inc.
("Sequoia"), David P. Lynn ("Lynn"),
jointly and severally, in the amount of One Million One
Hundred Thousand Dollars and 00/100 ($1, 100, 000.00).
2. This Agreed Judgment resolves all claims set forth in the
Amended Complaint against Defendants, which are hereby
dismissed with prejudice, and shall constitute the final
disposition of this action. This Agreed Judgment shall not be
modified unless the party seeking modification demonstrates,
by clear and convincing evidence, that it will suffer
irreparable harm from new and unforeseen conditions. Changes
in the economic conditions of any party shall not be grounds
[Filing No. 80-4 at 2.] In addition to the
settlement agreement and Agreed Judgment, plaintiffs filed
the executed promissory note, [Filing No. 80-3], and
a new proposed entry and final judgment, [Filing No.
Motion to Enforce is now fully briefed and ...