Tidwell v. Asselmeier et al

Filing 271

ORDER ADOPTING Report and Recommendation (Doc. 269 ): Defendant's Motion to Enforce Settlement Agreement (Doc. 199 ) is GRANTED. Signed by Judge Staci M. Yandle on 8/9/2019. (dah).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CLEO TIDWELL,
Plaintiff,
vs.
CRAIG ASSELMEIER, M.D., et al,
Defendants.

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Case No. 16-CV-0041-SMY-GCS

MEMORANDUM AND ORDER
YANDLE, District Judge
This matter is before the Court on the Report and Recommendation (“Report”) of United
States Magistrate Judge Gilbert C. Sison (Doc. 269), recommending the Court grant the Wexford
Defendants’ Motion to Enforce Settlement Agreement Resulting from Settlement Conference
(Doc. 199). No Objections have been filed to the Report. For the following reasons, Judge Sison’s
Report is ADOPTED.
When neither timely nor specific objections to a Report and Recommendation are made,
the Court need not conduct a de novo review of the Report. See Thomas v. Arn, 474 U.S. 140
(1985). Instead, the Court reviews the Report for clear error. Johnson v. Zema Systems Corp., 170
F.3d 734, 739 (7th Cir. 1999). The Court may “accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1).
Here, Judge Sison thoroughly discussed and supported his conclusion that there was a valid
settlement agreement that should be enforced. The Court finds no clear error in Judge Sison’s
findings, analysis and conclusions, and adopts his Report and Recommendation in its entirety.

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Accordingly, Defendants’ motion to enforce the settlement agreement (Doc. 199) is
GRANTED. Plaintiff is hereby DIRECTED to sign the Settlement and Release Agreement
prepared in accordance with the terms reached at the July 6, 2018 settlement conference within 7
days of the entry of this Order. Further, the Wexford Defendants are DIRECTED to file a status
report within 30 days from the date of this Order, advising the Court whether the Settlement
Agreement has been fully executed. The Clerk of Court is DIRECTED to enter judgment
dismissing this action with prejudice and without costs 60 days from the date of this Order. The
parties are advised that the 60-day period to consummate settlement will not be extended absent
exceptional circumstances. Failure to comply with this Court order will result in sanctions
pursuant to Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.
DATED: August 9, 2019
___________________
STACI M. YANDLE
United States District Judge

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