TRT Transportion, Inc., d/b/a Chicago Trolley Co. v. Chicago Trolley Rentals, Inc., No. 11 C 3693, Slip Op. (N.D. Ill. Jul. 26, 2012) (Tharp, J.).
Judge Tharp adopted Judge Cox’s report and recommendation enforcing the parties’ oral settlement agreement placed on the record at the conclusion of a settlement conference. The record was clear that the parties agreed the oral terms were enforceable. And the material terms defendant said were not included, had never even been discussed. The Court, therefore, entered the terms of the settlement and a final judgment as part of its order.
Transportion, Inc. d/b/a Chicago Trolley Co. v. Chicago Trolley Rentals, Inc., No. 11 C 3693, Slip Op. (N.D. Ill. Jan. 21, 2012) (Cox, Mag. J.).
Judge Cox recommended granting plaintiff’s motion to enforce the parties’ oral agreement and denied defendant’s motion for declaration of the absence of an agreement in this trademark case. At the end of a Court-led settlement conference, the parties stated their settlement terms on the record. Plaintiff then commented that settlement was subject to negotiating a written agreement. In response, the Court explained that the “terms are enforceable” and each party agreed. Based upon the parties’ exchange on the record, the Court recommended holding the oral agreement enforceable.