DRN Yedek Parca Ticaret Limited Sirketi v. Celeres Partners LLC et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 25-cv-22678-BLOOM/Elfenbein
DRN YEDEK PARÇA TİCARET
LİMİTED ŞİRKETİ, a Turkish limited
liability company,
Plaintiff,
v.
CELERES PARTNERS LLC,
a Delaware limited liability company, and
KOFI OBENG, an individual,
Defendant.
_________________________/
ORDER ON PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT
THIS CAUSE is before the Court upon Plaintiff DRN Yedek Parça Ticaret Limited Şirketi
(“DRN”)’s Motion to Enforce Settlement (“Motion”), ECF No. [46], filed on December 15, 2025.
As of the date of this Order, Defendants, Celeres Partners LLC (“Celeres”) and Kofi Obeng
(“Obeng”), have failed to file a response. The Court has reviewed the Motion, the record in this
case, the applicable law, and is otherwise fully advised. For the reasons set forth below, the Motion
is granted.
I. 	BACKGROUND
On November 4, 2025, the parties filed a Joint Notice of Settlement indicating they have
reached a settlement and requesting thirty days to finalize their settlement agreement. ECF No.
[44]. On December 15, 2025, Plaintiff filed a Motion to Enforce Settlement, generating a
December 29, 2025, response deadline. On December 30, 2025, the Court issued a sua sponte
order noting Defendants’ failure to respond and requiring a January 6, 2026, response to be filed.
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ECF No. [48]. After the Court’s deadline, on January 14, 2026, Defendants filed a motion
requesting an extension to file their response until January 16, 2026. ECF No. [50]. The Court
granted the motion, ECF No. [51], and to date, Defendants have failed to file any response.
Plaintiff’s Motion asserts that the parties have agreed to all essential terms of their
settlement as reflected in an unsigned Settlement Agreement and Mutual Release of Claims
(“Settlement Agreement”). See ECF No. [46-2]. Although the Settlement Agreement is unsigned,
on 	November 	10, 	2025, 	Defendants’ 	counsel 	emailed 	Plaintiff 	regarding 	the 	Settlement
Agreement: “Those changes are acceptable. We will get this executed and send back the signed
copy.” See ECF No. [46-1]. The Settlement Agreement is governed by Florida law. ECF No. [46-
2] ¶ 7.1. The terms of the Settlement Agreement provide that “Celeres shall pay DRN the sum of
USD$10,000.00 (the ‘Settlement Amount’) within three (3) business days of receipt of the [last
signature on] this Agreement.” ECF No. [46-2] ¶ 3.1. The Agreement further provides that “[i]n
the event any Party seeks to enforce this Agreement, the prevailing Party shall be entitled to
recover its reasonable attorney’s fees and costs from the non-prevailing party.” ECF No. [46-2]
¶ 7.2. Plaintiff’s Motion seeks to enforce these terms of the Settlement Agreement.
II. 	LEGAL STANDARD
Pursuant to Local Rule 7.1(c)(1), the failure to timely respond to a Motion “may be deemed
sufficient cause for granting the motion by default.” S.D. Fla. L.R. 7.1(c)(1). Furthermore, “a
district court has jurisdiction to enforce a settlement agreement, at least when one party refuses to
abide by the agreement prior to dismissal of the action.” Kent v. Baker, 815 F.2d 1395, 1400 (11th
Cir. 1987); see also Szanto v. Bistritz, 743 F. App'x 940, 942 (11th Cir. 2018) (“[W]here the parties
enter[ ] into a settlement agreement and then allege[ ] breach of the agreement before dismissal—
the district court retain[s] jurisdiction to enforce the terms of the settlement agreement”).
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The construction and enforcement of a settlement agreement is governed by the applicable
state contract law. Hayes v. Nat'l Serv. Indus., 196 F.3d 1252, 1254 (11th Cir. 1999); see also
Conte v. Winn Dixie Stores, Inc., No. 3:13cv463/MCR/EMT, 2014 WL 4693072, at *2 (N.D. Fla.
Sept. 22, 2014) (“A motion to enforce the settlement agreement essentially is an action to
specifically enforce a contract….”). Under Florida law, the court can enforce unsigned settlement
agreements. See Fitzgibbon v. Winnebago Indus., Inc., No. 18-61476-CIV, 2020 WL 9458740, at
*4 (S.D. Fla. Feb. 27, 2020) (“Florida law requires enforcement of settlement agreements without
regard to whether any settlement documents were actually executed.”). Enforcement may include
awarding attorney’s fees if the parties’ agreement includes such a provision. See, e.g., Spiegel v.
H. Allen Holmes, Inc., 834 So. 2d 295, 298 (Fla. Dist. Ct. App. 2002).
III. 	DISCUSSION
Considering Defendant’s failure to respond and no argument or evidence to the contrary,
the Court finds sufficient cause to grant Plaintiff’s Motion. Although the Settlement Agreement is
unsigned, Defendants’ email expressing their acceptance of the offer is sufficient to create an
enforceable agreement under Florida law. Under the Settlement Agreement, Defendant Celeres
shall pay Plaintiff $10,000 within three business days of signing the Settlement Agreement. See
ECF No. [46-2] ¶ 3.1. Furthermore, the Settlement Agreement provides that, if the Settlement
Agreement must be enforced, the enforcing party “shall be entitled to reasonable attorney’s fees
and costs[.]” See ECF No. [46-2] ¶ 7.2. As such, by the terms of their Settlement Agreement,
Plaintiff is entitled to reasonable attorney’s fees and costs incurred in enforcing the Settlement
Agreement.
IV. 	CONCLUSION
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. 	Plaintiff’s Motion to Enforce Settlement, ECF No. [46], is GRANTED.
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2. 	On or before January 30, 2026, Defendants shall fully execute and forward the
Settlement Agreement to Plaintiff.
3. 	On or before February 4, 2026, Defendant Celeres shall transmit payment of the
full Settlement Amount (USD$10,000.00) according to the instructions in the
Settlement Agreement.
4. 	Defendants shall pay Plaintiff reasonable attorney’s fees and costs associated with
filing this Motion to Enforce Settlement Agreement. If the parties cannot agree to
the amount of attorney’s fees owed, Plaintiff shall advise the Court no later than
February 9, 2026.
DONE AND ORDERED in Chambers at Miami, Florida, on January 26, 2026.
_____ ___ _______________________
BETH BLOOM
UNITED STATES DISTRICT JUDGE
Copies to:
Counsel of Record
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