Filed: Nov. 28, 2017
Latest Update: Nov. 28, 2017
Summary: ORDER RUDY LOZANO , District Judge . This matter is before the Court on the Findings, Report and Recommendation of United States Magistrate Judge Pursuant to 28 U.S.C. 636(b)(1)(B)&(C) filed on October 17, 2017 ("Report and Recommendation"). (DE #175.) More than 14 days have passed, and there is no objection to the Report and Recommendation. 1 See Willis v. Caterpillar, Inc., 199 F.3d 902 , 904 (7th Cir. 1999) (explaining that the failure to file a timely objection will result in the
Summary: ORDER RUDY LOZANO , District Judge . This matter is before the Court on the Findings, Report and Recommendation of United States Magistrate Judge Pursuant to 28 U.S.C. 636(b)(1)(B)&(C) filed on October 17, 2017 ("Report and Recommendation"). (DE #175.) More than 14 days have passed, and there is no objection to the Report and Recommendation. 1 See Willis v. Caterpillar, Inc., 199 F.3d 902 , 904 (7th Cir. 1999) (explaining that the failure to file a timely objection will result in the ..
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ORDER
RUDY LOZANO, District Judge.
This matter is before the Court on the Findings, Report and Recommendation of United States Magistrate Judge Pursuant to 28 U.S.C. § 636(b)(1)(B)&(C) filed on October 17, 2017 ("Report and Recommendation"). (DE #175.) More than 14 days have passed, and there is no objection to the Report and Recommendation.1 See Willis v. Caterpillar, Inc., 199 F.3d 902, 904 (7th Cir. 1999) (explaining that the failure to file a timely objection will result in the waiver of the right to challenge a report and recommendation). Therefore, upon due consideration, the Court hereby ADOPTS the Report and Recommendation (DE #175). Accordingly, the Court:
(1) GRANTS in part and DENIES in part the Agreed Motion to Enforce Settlement Agreement of Defendants Frederick Frego, Stephen Kil, Town of St. John, James Turturillo, and Michael Fryzel (DE #160) as is set forth more fully in the Report and Recommendation;
(2) DENIES as MOOT the Motion for Expedited Hearing Date (DE #167);
(3) DENIES as MOOT the Supplemental Motion for Expedited Hearing Date (DE #169);
(4) DECLARES that the settlement agreement of August 8, 2017, was entered into knowingly and voluntarily, is fully enforceable, and, in particular, does not include a mutual release of claims;
(5) ORDERS Plaintiff to execute the document found at Exhibit A of Defendant's Motion (DE #160), which memorializes the already enforceable settlement agreement;
(6) DENIES Defendants' request for an award of attorney fees; and
(7) ORDERS the parties to file dismissal paperwork with the Court by December 12, 2017.