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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SANDRA ORTIZ, et al.,

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No. 1:15-cv-00535-DAD-EPG

Plaintiffs,
v.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING
DEFENDANTS’ MOTION TO ENFORCE
SETTLEMENT AGREEMENT AND
DENYING DEFENDANTS’ REQUEST FOR
MONETARY SANCTIONS AS TO RAUL
VILLANUEVA

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(Doc. Nos. 161, 166)

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GERARDO ALVAREZ, et al.,

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Defendants.

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On January 10, 2018, defendants Parlier Unified School District and Gerardo Alvarez

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(collectively, the “District Defendants”) moved to enforce a settlement agreement with plaintiff

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Raul Villanueva and requested the award of monetary sanctions in the amount of $4,891.50.

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(Doc. No. 161). The matter was referred to a United States Magistrate Judge pursuant to 28

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U.S.C. § 636(b)(1) and Local Rule 302.

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On April 3, 2018, the magistrate judge issued findings and recommendations

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recommending that the motion to enforce the settlement agreement be granted, the motion for

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sanctions be denied, Plaintiff Villanueva be compelled to execute a release in accordance with his

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oral agreement as expressed in open court, and that Villanueva’s claims against the District

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Defendants be dismissed with prejudice. (Doc. No. 166). The parties were provided an
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opportunity to file objections to the findings and recommendations within fourteen days. The

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fourteen-day period has expired, and no objections were filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1) and Local Rule 302, this court

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has conducted a de novo review of this case. Having carefully reviewed the entire file, the court

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finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly, it is HEREBY ORDERED that:

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1. The District Defendants’ motion to enforce the settlement agreement (Doc. No. 161) is

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GRANTED;
2. The District Defendants’ request for imposition of sanctions against Plaintiff

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Villanueva (Doc. No. 161) is DENIED;
3. Plaintiff Villanueva is directed to execute a release in accordance with his oral

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agreement as stated by him in open court; and
4. Plaintiff Villanueva’s claims against the District Defendants are dismissed with

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prejudice.
IT IS SO ORDERED.
Dated:

July 17, 2018
UNITED STATES DISTRICT JUDGE

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