San Francisco Aesthetics and Laser Medicine Incorporated v. The Presidio Trust

Filing 121

ORDER by Judge Laporte vacating August 18 hearing;adopting Report and Recommendations 104 ; denying 106 Motion ; granting 113 Motion (edllc1, COURT STAFF) (Filed on 8/13/2009)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SAN FRANCISCO AESTHETICS AND LASER MEDICINE INC, Plaintiff, v. THE PRESIDIO TRUST, Defendant. / No. C-07-05170 EDL ORDER VACATING HEARING; DENYING PLAINTIFF'S MOTION FOR DE NOVO DETERMINATION OF CROSS-MOTIONS TO ENFORCE SETTLEMENT AGREEMENT AND GRANTING DEFENDANT'S MOTION TO EXPAND THE RECORD IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA On June 3, 2009, the Honorable Maria-Elena James issued a Report and Recommendation Re Motion and Cross Motion to Enforce Settlement Agreement, recommending that the Court grant the Federal Defendants' Motion to Enforce the Settlement Agreement consistent with certain modifications and deny Plaintiff's Motion to Enforce. Plaintiff filed a motion for de novo determination of the cross motions to enforce the settlement agreement, and Defendant filed a motion to expand the record. The Court finds both motions suitable for decision without a hearing, vacates the August 18, 2009 hearing, and after reviewing de novo the portions of the magistrate judge's disposition objected to by Plaintiff, pursuant to Federal Rule of Civil Procedure 72(b)(3), denies Plaintiff's motion for de novo determination, and grants Defendant's unopposed motion to expand the record, although Defendant's additional evidence does not change the outcome of the Court's ruling. The Court adopts the Report and Recommendation for the reasons stated therein and denies Plaintiff's objections to that Report. IT IS SO ORDERED. Dated: August 13, 2009 ELIZABETH D. LAPORTE United States Magistrate Judge United States District Court For the Northern District of California 23 22 21 20 19 18 17 16 15 14 13 12 11 10 28 9 8 7 6 5 4 3 2 27 26 25 24 1 2

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