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JDB Atty not complying with agreement made before judge in court...

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I went to court and the judge practically told me he was going to rule in the Plaintiff's favor before officially making a ruling. In that case I opted to settle with their attorney, and it was agreed in open court and put in writing by an email from the Plaintiff's atty that:

1) I will pay them $XXX

2)I have 90 days to make full payment.

3)Plaintiff shall prepare settlement agrmnt & send to court & myself.

4)Settlement agrmnt must be mailed no later than 10/6/10 (obviously this has passed!)

5)Court will administratively close file pending full pmt.

6)Court will close file upon verification of full pmt.

7)If I default in all or part of the pmt, Court will enter a judgment for full amt requested by Plaintiff including atty fees, court costs, & interest.

8)Upon receipt of executed agrmnt from me, Plaintiff shall forward a copy to the Court.

10/6/10 has passed and I have contacted the court and verified that no settlement agreement has been received to date.

How should I proceed from this point? The clerk suggested I contact the Plaintiff's atty, however, I want the judge to know that they didn't do what they were supposed to by the date they were supposed to, so I certainly don't want to bring it to their attention. Should I file a motion to dismiss based on their failure to comply with the agreement?

Any suggestions would be appreciated!

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I would write them a letter stating that you have not received an agreement, reached on blah blah blah date, terms of which outlined in Attachment 1, and attach a copy of what they sent you. Send it by certified mail, so then in case they try to pull something in court, you have proof of everything.

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