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Carey Chen v. Cayman Arts

December 12, 2011

CAREY CHEN, PLAINTIFF/COUNTER-DEFENDANT,
v.
CAYMAN ARTS, INC., A FLORIDA CORPORATION AND SCOTT R. STEELE, AN INDIVIDUAL, DEFENDANT/COUNTER-PLAINTIFF,
v.
FISHER BLUE WATER GALLERIES, LLC, ET AL., THIRD-PARTY DEFENDANTS.



ORDER GRANTING PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT RELATING TO THE DIGITAL COPIES AND FILES OF PLAINTIFF'S WORKS

THIS CAUSE is before the Court upon Plaintiff Carey Chen's Motion to Enforce Settlement Agreement Relating to the Digital Copies and Files of Plaintiff's Works [DE 220] ("Motion"). The Court has considered the Motion and the record in this case, and is otherwise fully advised in the premises.

The Motion represents that Defendants Cayman Arts, Inc. and Scott R. Steele are in breach of Paragraph 1 of the parties' Settlement Agreement [DE 220-1] ("Settlement Agreement"). Paragraph 1 obligates Defendants "to return to Chen all digital copies and digital files in their possession containing the Licensed Products, Trade Marks and Works within thirty (30) days of the effective date of this Agreement." See Agmt. ¶ 1. The effective date of the Settlement Agreement was September 14, 2011, see id. at 6, so the deadline to return the digital copies and files to Mr. Chen was October 14, 2011.

Mr. Chen represents that "[d]espite repeated demands for compliance . . . , Defendants have failed to date to return the digital copies and files of Mr. Chen's works." Mot. at 2 ¶ 3. Mr. Chen therefore seeks "an Order enforcing the Settlement Agreement and directing Defendants to immediately comply with Paragraph 1 of the Settlement Agreement by returning to Chen all digital copies and digital files in their possession containing the Licensed Products, Trade Marks and Works within twenty-four (24) hours of the date of the Court's Order." Mot. at 2 ¶ 5. Mr. Chen also requests "an award of sanctions against Defendants in the form of his reasonable attorney's fees as a result of Defendants' conduct." Id.

On December 2, 2011, the Court entered an Order to Show Cause [DE 221] directing Defendants to show cause by December 9, 2011 why the Motion should not be granted. The Court stated, "Failure to respond by December 9, 2011 will result in the motion being granted." Id. at 2. No response has been filed.*fn1 Accordingly, it is hereby ORDERED AND ADJUDGED as follows:

1. Plaintiff Carey Chen's Motion to Enforce Settlement Agreement Relating to the Digital Copies and Files of Plaintiff's Works [DE 220] is GRANTED;

2. Defendants Scott R. Steele and Cayman Arts, Inc. shall comply with Paragraph 1 of the Settlement Agreement by immediately returning to Mr. Chen all digital copies and digital files in their possession containing the Licensed Products, Trade Marks, and Works;

3. Defendants Scott R. Steele and Cayman Arts, Inc. shall pay the reasonable attorney's fees incurred by Mr. Chen in litigating this Motion. Mr. Chen's counsel shall file an affidavit of the reasonable attorney's fees incurred in litigating this Motion on or before December 19, 2011.

Copies provided to: Counsel of record via CM/ECF Pro se parties via ...


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