Aurora Bank, FSB v. Paramount Residential Mortgage Group, Inc.
ORDER Adopting 56 Recommendation of the United States Magistrate Judge. Plaintiff's Motion To Enforce Settlement [# 48 ] is GRANTED. Defendant's Motion for Summary Judgment [# 44 ] is DENIED AS MOOT. All pretrial deadlines, the combined Final Pretrial Conference and Trial Preparation Conference, set Friday, May 2, 2014, at 10:00 a.m., and the bench trial, scheduled to commence May 5, 2014, are VACATED. This case is DISMISSED WITH PREJUDICE. By Judge Robert E. Blackburn on 4/10/2014.(klyon, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-03235-REB-BNB
AURORA COMMERCIAL CORP.,
PARAMOUNT RESIDENTIAL MORTGAGE GROUP, INC.,
ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
The matter before me is the Recommendation of United States Magistrate
Judge [#56],1 filed March 17, 2014. No objections having been filed to the
recommendation, I review it only for plain error. See Morales-Fernandez v.
Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).
Finding no error, much less plain error, in the magistrate judge’s recommended
disposition, I find and conclude that recommendation should be approved and adopted.
It appears clear to this court, as it did to the magistrate judge, that the parties verbally
reached a settlement sufficiently specific in all essential terms to be enforceable.
Defendant’s subsequent change of heart provides no grounds for it to avoid that
“[#56]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#56], filed
March 17, 2014, is APPROVED AND ADOPTED as an order of this court;
2. That Plaintiff’s Motion To Enforce Settlement [#48], filed February 18,
2014, is GRANTED;
3. That Defendant’s Motion for Summary Judgment [#44], filed January 31,
2014, is DENIED AS MOOT;
4. That all pretrial deadlines, the combined Final Pretrial Conference and Trial
Preparation Conference, set Friday, May 2, 2014, at 10:00 a.m., and the bench trial,
scheduled to commence May 5, 2014, are VACATED; and
5. That this case is DISMISSED WITH PREJUDICE, subject to the lump sum
payment of $80,000 from defendant to plaintiff and delivery to defendant by plaintiff of a
general release of all claims.
Dated April 10, 2014, at Denver, Colorado.
BY THE COURT:
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?