Facts

Bay Marine Boatworks, Inc. dba Svendsen's Bay Marine owned a Richmond boatyard. A 82-foot racing sloop owned by Christopher Wollen was placed in the boatyard so that Svendsen's could perform work on it in May 2019. Svendsen's filed suit in August 2020, and Judge Jacqueline Scott Corley issued a warrant to arrest the racing vessel. Wollen intervened but his motion to quash was denied. On February 12, 2021, the parties reached a settlement. As part of the settlement agreement, Wollen agreed to pay $100 per day the boat was not removed. On November 2021, the parties agreed in court that the vessel would be removed by January 12, 2022, but that did not happen.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the court should substitute the initial contract fee of the $100 fee nunc pro tunc from August 1, 2021, two weeks after the parties agreed the repairs were finished, onward. Plaintiff argued that the court was allowed to amend the order of conditional dismissal under Rules of Federal Rule of Civil Procedure 60(b) to alter the underlying settlement agreement because Wollen has unfairly taken advantage of the $100 per day fee and delayed removing the vessel from the boatyard.

DEFENDANTS' CONTENTIONS: Defendants alleged that the court cannot use their power to rewrite a settlement agreement.

Result

The court denied plaintiff's motion to amend.