United States District Court, D. Arizona
Andrew E. Zalkow, et al. Plaintiffs,
Taymor Industries USA, Inc., et al. Defendants.
ORDER AND OPINION [RE: MOTION AT DOCKET 61]
JOHN W. SEDWICK SENIOR UNITED STATES DISTRICT JUDGE
I. MOTION PRESENTED
At docket 61 plaintiffs Andrew E. Zalkow and Zalkow Discount Sourcing (collectively, “Zalkow”) move to enforce the parties’ alleged May 7, 2015 settlement agreement. Defendants Taymor Industries U.S.A., Inc. and Taymor Industries Ltd. (collectively, “Taymor”) respond at docket 62. Zalkow replies at docket 63. Oral argument was requested but would not assist the court.
The court has described the background giving rise to this litigation in detail in the order at docket 15. It need not be repeated here. Suffice it to say for purposes of the present motion that Zalkow sued his former employer, Taymor, alleging that his 2013 annual bonus was insufficient and that Taymor improperly interfered with his recruiting efforts after he resigned.
At docket 58 Zalkow informed the court pursuant to LRCiv 40.2(d) that “the parties reached a settlement in this matter to dismiss all claims in this action” and that the parties would submit a stipulation for dismissal after they execute the settlement documents. After about a month-and-a-half passed without word from the parties, Zalkow filed the current motion claiming that Taymor is now trying to back out of the settlement agreement. The crux of the parties’ dispute is whether they agreed to settle all of their claims against one another or just the claims that Zalkow asserted against Taymor in this case.
The following facts underlying the parties’ dispute are undisputed. In the spring of 2015 Taymor’s counsel and Zalkow’s counsel exchanged the following settlement volleys:
∙ Taymor’s counsel wrote Zalkow’s counsel and offered Zalkow $300, 000 in exchange for “full settlement of all claims against Taymor.”
∙ Zalkow’s counsel responded with a written counteroffer: $950, 000 in exchange for dismissal of “the lawsuit in its entirety, with prejudice.”
∙ Taymor’s written counteroffer: $325, 000 in exchange for “full settlement of the pending dispute.”
∙ Zalkow’s written counteroffer: $900, 000 “in full and final settlement of this matter.”
∙ Taymor’s written counteroffer: $350, 000.
∙ Zalkow’s written counteroffer: $850, 000 “in full and final settlement ...