Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Roger Snyder, et al. v. Charles M. Kraus

March 8, 2011

ROGER SNYDER, ET AL.
v.
CHARLES M. KRAUS, III, ET AL.



The opinion of the court was delivered by: Juan R. Sanchez, J.

MEMORANDUM

Defendants Northwest Lancaster County Regional Police Commission (the Commission), Charles Kraus, Kenneth Henry, and Randall Aument ask this Court to order Plaintiffs Roger Snyder and Earl Kean to comply with the terms of the parties' settlement agreement, as set forth in a proposed general release drafted by defense counsel. Plaintiffs object to the general release, arguing it should specifically exclude separate lawsuits filed by Snyder in the Middle District of Pennsylvania and by Kean in the Eastern District of Pennsylvania. Because the proposed general release accurately reflects the terms of the settlement agreement stated on the record before this Court on January 20, 2011, Defendants' motion to enforce settlement will be granted. Because Defendants have advised Plaintiffs they do not object to modifying the general release to exclude Kean's lawsuit, however, Defendants are directed to make this modification before forwarding it to Plaintiffs for execution.

FACTS

Plaintiffs initiated this action in November 2008, asserting claims pursuant to 42 U.S.C. § 1983 and Pennsylvania law arising out of Defendants' alleged efforts to damage Snyder's campaign for re-election to the West Donegal Township Board of Supervisors. Plaintiffs amended their complaint twice, in March 2009 and April 2010, and, after this Court ruled on several motions to dismiss, the case was placed in this Court's February 7, 2011, trial pool.

On January 20, 2011, after the close of discovery and while the Defendants' summary judgment motion was pending, the parties and their counsel participated in a settlement conference before this Court.*fn1 Following discussion with the Court and among themselves, the parties, through their respective counsel, stated they had reached a settlement and placed the terms of the settlement on the record as follows:

[DEFENDANTS' COUNSEL]: Your Honor . . . the parties have reached a global resolution of all claims against my clients.

The plaintiff has agreed to accept the total sum of $14,000.00. The distribution . . . or the amounts paid to each plaintiff will be decided at a later time, I don't know what that is.

However, the defendants are willing to tender the total sum of $14,000.00 in exchange for the execution of the general release that my office will prepare and forward over to [Plaintiffs' counsel] for his review.

Also, we have asked that [Plaintiffs' counsel] on behalf of his clients execute a stipulation of voluntary dismissal of all claims against the individual defendants, Mr. Kraus and Officers Aument and Henry.

I would ask that that stipulation be entered of record prior to the entry of the Rule 41 order and . . . therefore the Commission would be settling the case with both plaintiffs.

. . . I've also advised the Court-and [Plaintiffs' counsel] is aware of this-that pursuant to the Commission's membership agreement with the Pennsylvania Intergovernmental Risk Management Association, the Commission has a right to object to these terms of settlement that are being tendered today.

The Board-as I understand it-will be meeting on Tuesday, the 25th [of January] at 6:30 p.m. The representatives from the . . . Board here today . . . will convey this information to the entire governing body in executive session.

Following their consideration of the terms of the settlement, I will report to the Court and to [Plaintiffs' counsel] on the 26th as to whether there is any . . . objection to settlement.

That-as I understand it-are the terms that have been reached today and that the $14,000.00 sum and settlement is inclusive ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.