REPORT AND RECOMMENDATION

TIMOTHY R. RICE, Magistrate Judge.

After extensive settlement negotiation, this matter was settled at 12:04 p.m. on October 13, 2011. All terms were outlined in open court. All parties stated they had full authority to settle and all agreed to the terms I outlined during the October 13, 2011 hearing.

The parties have filed cross-motions to enforce the settlement. I conferred with all counsel by telephone on February 1, 2012 and reached agreement to resolve the pending motions. The parties will execute a written agreement that deletes two contested terms and incorporates the October 13, 2011 transcript as part of the written agreement.

Accordingly, I recommend all pending motions be dismissed as moot by agreement, this Court's October 13, 2011 dismissal (Doc. 76) remain in effect; and the Clerk be directed to close this case.

ORDER

AND NOW, this day of February, 2012, it is hereby ORDERED that the February 1, 2012, Report and Recommendation of United States Magistrate Judge Timothy R. Rice is hereby APPROVED and ADOPTED.

All pending motions are dismissed as moot by agreement of the parties; this Court's October 13, 2011 dismissal (Doc. 76) remains in effect; and the Clerk is directed to close this case.

NOTICE

Enclosed herewith please find a copy of the Report and Recommendation filed by United States Magistrate Judge TIMOTHY R. RICE, on this date in the above captioned matter. You are hereby notified that within fourteen (14) days from the date of service of this Notice of the filing of the Report and Recommendation of the United States Magistrate Judge, any party may file (in duplicate) with the clerk and serve upon all other parties written objections thereto (See Local Civil Rule 72.1 IV (b)). Failure of a party to file timely objections to the Report & Recommendation shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to factual findings and legal conclusions of the Magistrate Judge that are accepted by the District Court Judge.

In accordance with 28 U.S.C. §636(b)(1)(B), the judge to whom the case is assigned will make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. The judge may accept, reject or modify, in whole or in part, the findings or recommendations made by the magistrate judge, receive further evidence or recommit the matter to the magistrate judge with instructions.

Where the magistrate judge has been appointed as special master under F.R.Civ.P 53, the procedure under that rule shall be followed.