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