Ortiz et al v. Alvarez et al

Filing 167

ORDER adopting 166 FINDINGS AND RECOMMENDATIONS; granting Defendants' Motion to enforce Settlement Agreement and denying Defendants' request for monetary sanctions as to Raul Villanueva 161 signed by District Judge Dale A. Drozd on 7/17/2018. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SANDRA ORTIZ, et al., 12 13 No. 1:15-cv-00535-DAD-EPG Plaintiffs, v. 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING DEFENDANTS’ MOTION TO ENFORCE SETTLEMENT AGREEMENT AND DENYING DEFENDANTS’ REQUEST FOR MONETARY SANCTIONS AS TO RAUL VILLANUEVA 17 (Doc. Nos. 161, 166) 14 GERARDO ALVAREZ, et al., 15 Defendants. 18 19 On January 10, 2018, defendants Parlier Unified School District and Gerardo Alvarez 20 (collectively, the “District Defendants”) moved to enforce a settlement agreement with plaintiff 21 Raul Villanueva and requested the award of monetary sanctions in the amount of $4,891.50. 22 (Doc. No. 161). The matter was referred to a United States Magistrate Judge pursuant to 28 23 U.S.C. § 636(b)(1) and Local Rule 302. 24 On April 3, 2018, the magistrate judge issued findings and recommendations 25 recommending that the motion to enforce the settlement agreement be granted, the motion for 26 sanctions be denied, Plaintiff Villanueva be compelled to execute a release in accordance with his 27 oral agreement as expressed in open court, and that Villanueva’s claims against the District 28 Defendants be dismissed with prejudice. (Doc. No. 166). The parties were provided an 1 1 opportunity to file objections to the findings and recommendations within fourteen days. The 2 fourteen-day period has expired, and no objections were filed. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1) and Local Rule 302, this court 4 has conducted a de novo review of this case. Having carefully reviewed the entire file, the court 5 finds the findings and recommendations to be supported by the record and proper analysis. 6 Accordingly, it is HEREBY ORDERED that: 7 1. The District Defendants’ motion to enforce the settlement agreement (Doc. No. 161) is 8 9 GRANTED; 2. The District Defendants’ request for imposition of sanctions against Plaintiff 10 11 Villanueva (Doc. No. 161) is DENIED; 3. Plaintiff Villanueva is directed to execute a release in accordance with his oral 12 13 agreement as stated by him in open court; and 4. Plaintiff Villanueva’s claims against the District Defendants are dismissed with 14 15 16 prejudice. IT IS SO ORDERED. Dated: July 17, 2018 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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