Griggs v. Ameriquest Mortgage Company et al

Filing 53

ORDER Signed by the Honorable Marvin E. Aspen on 3/1/2017: Report and Recommendation 52 is adopted. Plaintiff's renewed motion to set aside and/or motion to enforce settlement 46 is denied. Mailed notice(mad, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
IN RE: AMERIQUEST MORTGAGE CO.
MORTGAGE LENDING PRACTICES
LITIGATION

THIS DOCUMENT RELATES TO:
Griggs v. Ameriquest Mortgage Co., et al.
(Indiv. Case No. 08 C 1583)

MDL No. 1715
Lead Case No. 05 C 7097

Centralized before the
Hon. Marvin E. Aspen

ORDER
MARVIN E. ASPEN, District Court Judge:
Presently before us is the February 7, 2017 Report and Recommendation (“Report”) of
Magistrate Judge Daniel G. Martin on Plaintiff Joyce Marie Griggs’ renewed motion to set aside
and/or motion to enforce settlement. (Indiv. Dkt. No. 52.) We dismissed Griggs’ claims against
all defendants with prejudice pursuant to a joint stipulation of dismissal on February 24, 2014.
(Indiv. Dkt. No. 31.) Griggs filed her pro se motion to set aside the parties’ settlement
agreement on September 17, 2015. (Dkt. No. 32.) That motion was stricken without prejudice,
and she filed the instant renewed motion on November 3, 2016. (Dkt. Nos. 46.) After
considering Griggs’ renewed motion, along with the response of Defendants Ameriquest
Mortgage Company and Ocwen Loan Servicing LLC, the Report recommends that the motion be
denied.
Magistrate Judge Martin ordered the parties to file written objections to the Report’s
proposed findings and recommendations within 14 days. (Report at 8.) No objections were filed
by the deadline. After carefully considering the Report and the parties’ submissions, we hereby
adopt the Report and Recommendation. We agree Griggs’ motion is untimely under Federal

Rule of Civil Procedure 60(b), she has failed to establish extraordinary grounds sufficient to
warrant the relief she seeks, and her attempt to raise new claims against nonparties is improper.
Accordingly, Griggs’ renewed motion to set aside and/or motion to enforce settlement is denied.
It is so ordered.

____________________________________
Marvin E. Aspen
United States District Judge

Dated: March 1, 2017
Chicago, Illinois

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