WESTLAKE INVESTMENTS, LLC v. MLP MANAGEMENT, LLC

No. 4:09-cv-00095-RAW.

842 F.Supp.2d 1119 (2012)

WESTLAKE INVESTMENTS, LLC, Plaintiff, v. MLP MANAGEMENT, LLC; MLP Investments, L.L.C., Pioneer Construction, Inc.; CCC/MLP Westlake, LLC; Westlake Apartments, LLC, Joe Leibold, Stan McCurdy, John Porta; MLP Multi-Family Construction, LLC; Westlake Apartments, LP; Pioneer Construction Services, Inc.; MLP Land Development LLC; CCC/Westlake Apartments, LLC; and CCC/MLP Investment, LLC, Defendants. MLP Management, LLC; MLP Investments, LLC; Pioneer Construction, Inc.; CCC/MLP Westlake, LLC; Westlake Apartments, LLC; Joe Leibold; Stan McCurdy; John Porta; Pioneer Construction Services, Inc.; Westlake Apartments, LP, Third-Party Plaintiffs, v. All State Gutter, Inc.; Fieldstone Products, LLC; Jordison Construction, Inc.; R & R Building Products; Solar Industries, Inc.; C. Bennett Building Supplies, Inc.; McAninch Corporation; Production Heating Services, Inc.; Community Wholesale of Des Moines Iowa, Inc.; Senninger Plumbing Company, Inc.; TKP Contracting Company, Inc.; Jim E. Parker, Parker Associates, Third-Party Defendants.

United States District Court, S.D. Iowa, Central Division.

January 3, 2012.


Attorney(s) appearing for the Case

Stephen R. Eckley , David Wayne Nelmark , Belin McCormick, P.C., Des Moines, IA, for Plaintiff.

Jeffrey Dean Stone , Stephen D. Marso , Whitfield & Eddy, PLC, Richard G. Book Huber , Book, Cortese, Happe & Lanz, PLC, West Des Moines, IA, Stephen G. Olson, II , Engles, Ketcham, Olson & Keith, PC, Omaha, NE, Matthew D. Jacobson , Whitfield & Eddy PLC, Des Moines, lA, for Defendants.


RULING ON DEFENDANTS' MOTION TO COMPEL/ENFORCE THEIR SETTLEMENT AGREEMENT WITH THE PLAINTIFF AND PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENTS

ROSS A. WALTERS, United States Magistrate Judge.

The above motions [674][679] are before the Court. That there is a settlement agreement which should be enforced is not disputed, but there is a dispute about one element, namely whether $70,000 held in the trust account of defendants' counsel is to be distributed...

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