Johnson et al v. City of Atwater et al

Filing 73

ORDER ADOPTING 72 FINDINGS AND RECOMMENDATIONS regarding Plaintiffs' motion to enforce settlement agreement and for attorney's fees and costs. Plaintiffs' motion to enforce the settlement agreement (Doc. No. 66) is DENIED. Plaintiffs' Motion for Attorneys' Fees and Costs in the amount of $2,000 for enforcing the settlement (Doc. No. 66) is DENIED. Within ten days of service of this order, the parties shall: a) Meet and confer on potential dates for a pretrial conference and for trial; and b) Contact courtroom deputy Alice Timken to schedule the same. Order signed by District Judge Anthony W. Ishii on 9/4/2018. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD DEAN JOHNSON and LORI
JOHNSON,
Plaintiffs,

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v.
CITY OF ATWATER, et al.,

Case No. 1:16-cv-1636-AWI-SAB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
PLAINTIFFS’ MOTION TO ENFORCE
SETTLEMENT AGREEMENT AND FOR
ATTORNEY’S FEES AND COSTS

Defendants.
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On May 14, 2018, Plaintiffs Richard and Lori Johnson moved to enforce a settlement
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agreement with Defendants City of Atwater, Frank Pietro, David Walker, Robert Vargas, Dayton
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Snyder, and Fabian Velasquez negotiated before the Magistrate Judge Barbara A. McAuliffe and
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subsequently placed on the record in open court on March 27, 2018. (Doc. 66). On July 13, 2018,
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Defendants filed an opposition to the motion. (Doc. 69).
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On August 16, 2018, the Magistrate Judge filed Findings and Recommendations that
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Plaintiffs’ motion to enforce the settlement and for related fees and costs be denied. The Findings

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and Recommendations were served on all parties and contained notice that any objections were to
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be filed within fourteen days of service of the recommendations. No party has filed objections.
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In accordance with the provisions of Title 28 of the United States Code section 636
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(b)(1)(c), this Court has conducted a de novo review of the case. Having carefully reviewed the
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entire file, the Court finds that the Findings and Recommendations are supported by the record and

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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ADOPTED IN FULL;
2.

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Plaintiffs’ motion to enforce the settlement agreement (Doc. No. 66) is DENIED;
and

3.

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The Findings and Recommendations filed August 16, 2018 (Doc. No. 72), are

Plaintiffs’ Motion for Attorneys’ Fees and Costs in the amount of $2,000 for
enforcing the settlement (Doc. No. 66) is DENIED; and

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Within ten days of service of this order, the parties shall:

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a. Meet and confer on potential dates for a pretrial conference and for trial; and

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b. Contact courtroom deputy Alice Timken to schedule the same.

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IT IS SO ORDERED.
Dated: September 4, 2018
SENIOR DISTRICT JUDGE

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