Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Joan H. Lefkow than Assigned Judge
Plaintiff's motion to enforce settlement agreement [#212] is denied. In-court ruling date of 3/1/2012 stricken.
O[ For further details see text below.] Docketing to mail notices.
Plaintiff Teresa Rodriguez has filed a motion to enforce a purported settlement agreement made on January 6, 2012. For the reasons that follow, the motion [#212] is denied.
On the afternoon of January 6, 2012, Rodriguez and defendant City of Chicago delivered a letter to the court that purported to "confirm [the parties'] report that the parties have reached an agreement to settle this case." (Def.'s Ex. A.) The letter states that the "agreed terms [of the settlement] are as follows: 1) a $99,000.00 lump sum payment in liability damages, with a stipulated judgment if necessary; and 2) an agreement to have reasonable attorneys' fees and costs assessed by the district court through a petition." (Id. (emphasis added).) The letter is signed by Alexandra C. Relias, Assistant Corporation Counsel for the City of Chicago, and John P. Madden, counsel for Rodriguez.
That morning, counsel had discussed the terms of the settlement agreement on the phone. The parties dispute the terms of the oral agreement that was reached. What is clear, however, is that after the call Madden emailed a letter to Relias setting forth the terms of the parties' agreement in writing. Madden's letter states, in relevant part, "Please allow this letter to confirm the agreement we reached to settle this case. The agreed terms are as follows: 1) the entry of a stipulated judgment in the amount of $99,000.00 for 'liability damages' under § 2617(a)(1)(A) [the FMLA]; and 2) an agreement to have reasonable attorneys' fees and costs, allowable under § 2617(a)(3), assessed by the district court through a petition." (Pl.'s Ex. A (emphasis added).) Relias responded in an email, stating, "Your letter accurately reflects our settlement agreement." (Pl.'s Ex. B.)
The parties then exchanged more emails and phone calls regarding the contents of the settlement confirmation letter to be submitted to this court. Madden suggested, via email, that the letter to the court use the same language that he used in his letter to Relias. Relias responded, "[T]he only issue I have with the . . . language is the reference to the specific FMLA statutes. As it's a settlement, we don't need to cite the statute for authority to settle for the agreed amounts. Also, we haven't yet discussed how we are going to describe the liability damages in our agreement: i.e. if we term them as back pay, the City has to deduct payroll taxes, etc. . . . . Though 2617(a)(1)(A) refers 'to other compensation' it also specifically references back pay -- therefore I would like to omit both references to the FMLA statute." (Pl.'s Ex. C). Madden and Relias then discussed the letter on the phone. The parties again dispute the terms of any oral agreement that was reached. Whatever may have been said, both Relias and Madden subsequently signed the final version of the confirmation letter that was submitted to the court and quoted above.
Rodriguez moves to enforce the settlement agreement purportedly reflected in the first email exchange between Madden and Relias on the morning of January 6. She argues that both parties agreed to the entry of a stipulated judgment as a condition of settlement. The City responds, somewhat disingenuously in light of Relias's email confirming that Madden's recitation of the terms of the agreement was "accurate," that it never agreed to the entry of a stipulated judgment. It further argues that the letter that was submitted to the court accurately reflects the terms of the parties' settlement agreement.
The court applies principles of Illinois contract law in enforcing a settlement agreement. Laserage Tech. Corp. v. Laserage Labs., Inc., 972 F.2d 799, 802 (7th Cir. 1992). Illinois follows the objective theory of intent; therefore the court looks first to the language of the agreement. Newkirk v. Vill. of Steger, 536 F.3d 771, 774 (7th Cir. 2008) (citing Vill. of S. Elgin v. Waste Mgmt. of Ill., Inc., 810 N.E.2d 658, 670, 348 Ill. App. 3d 929, 284 Ill. Dec. 868 (2004)). "Consequently, in assessing [the parties'] intent, their 'secret hopes and wishes count for nothing' because the 'status of a document as a contract depends on what the parties express to each other and to the world, not on what they keep to themselves.'" Laserage, 972 F.2d at 802 (quoting Skycom Corp. v. Telstar Corp., 813 F.2d 810, 814--15 (7th Cir. 1987)).
The record makes clear that the parties initially agreed upon a settlement agreement that included the entry of a stipulated judgment. The terms of the parties' initial settlement agreement are reflected in ...