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HYDE PARK UNION CHURCH v. CURRY
May 29, 1996
HYDE PARK UNION CHURCH and LINDA FEIL, Plaintiffs,
GILDA CURRY, Defendant.
The opinion of the court was delivered by: BOBRICK
Before the court is PLAINTIFFS' RENEWED MOTION TO ENFORCE A SETTLEMENT AGREEMENT ENTERED ON SEPTEMBER 14, 1995.
On September 1, 1995, plaintiffs Hyde Park Union Church and Linda Feil ("Church") filed suit against defendant Gilda Curry for damages caused by Curry's alleged campaign to induce and incite families to breach their contractual relations with the Church's Nursery School after the Nursery School declined to renew her teaching contract. The Church also sought injunctive relief against Curry, including an Order prohibiting her from disclosing highly sensitive, personal, and confidential information about the children who attend the Church's nursery school, and from falsely and publicly accusing the plaintiffs of disclosing such information in violation of Illinois law.
The Church requested that Magistrate Judge Bobrick be assigned the case for a settlement conference. Judge Bucklo, who initially heard this matter on an emergency basis, granted the Church's request.
On September 14, 1995, the parties negotiated a settlement agreement in this court's chambers, after which the parties were brought to open court to place the settlement agreement on the record. Mr. Johnson, attorney for plaintiffs, articulated the terms of the agreement as follows:
THE COURT (JUDGE BOBRICK): What we are going to do now is, because this is a complex resolution, is to put the terms of the settlement on the record; and this Court will find -- does find that, in consideration of the mutual promises exchanged between the parties, between members of the Hyde Park Union Church and Miss Curry, that we have reached an agreement, a binding agreement, as to the disposition of this matter, and the disposition of this matter will be as follows: Mr. Johnson, I guess, would you want to articulate the terms.
MR. JOHNSON: Yes, your Honor, I will. Thank you. The defendant is agreeing, your Honor, that: She will not return to the premises of the church or the nursery school; That she will not disclose confidential information; That if she does speak of the school, that she will not defame or disparage the school or the director, that the only thing she will say about the school and her employment and its termination is that she has resolved her dispute with the school and it is time for her to move on.
THE COURT: Okay. Miss Curry, and you agree to abide by those terms?
THE COURT: Okay. And, with respect to the Hyde Park Union Church, in a stipulated resolution, you agreed to those terms? Who is going to say "Yes" for the church?
THE COURT: Okay, who? Is there no "I?"
THE COURT: And who is that?
THE COURT: Okay, Miss Art. And there are some other -- okay, go ahead.
MR. JOHNSON: Yes, your Honor. In the event that the defendant should breach the agreement, she agrees: That the Court may, upon proof of her breach, enter a judgment and an injunction against her immediately; That she will be responsible to pay for the court costs and fees to secure such a judgment --
THE COURT: And that will be attorn- --
MR. JOHNSON: -- and injunction.
THE COURT: -- attorneys' fees.
MR. JOHNSON: That's right, your Honor. The parties would further agree: That they would issue mutual general releases from both sides; That the releases would cover not only the subject of this lawsuit, but Miss ...
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