M.G. v. M.F. et al

Filing 180

ORDER ADOPTS 175 REPORT AND RECOMMENDATIONS; GRANTS in part and DENIES in part 160 Agreed Motion to Enforce Settlement Agreement by Defendants, as is set forth more fully in the Report and Recommendation; DENIES AS MOOT 167 MOTION for Expedited Hearing Date For Motion to Enforce Settlement Agreement by Defendants; DENIES AS MOOT 169 Supplemental MOTION to Expedite Hearing Date for Motion to Enforce Settlement Agreement by Defendants; DECLARES that the settlement agreement of August 8, 2 017, was entered into knowingly and voluntarily, is fully enforceable, and, in particular, does not include a mutual release of claims; ORDERS Plaintiff to execute the document found at Exhibit A of Defendant's Motion 160 , which memorializes the already enforceable settlement agreement; DENIES Defendants' request for an award of attorney fees; and ORDERS the parties to file dismissal paperwork with the Court by 12/12/2017. Signed by Judge Rudy Lozano on 11/28/2017. (lhc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
JOAN GORCOS,

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Plaintiff,
vs.
MICHAEL FRYZEL, et al.,
Defendants.

CAUSE NO. 2:15-CV-84

ORDER
This matter is before the Court on the Findings, Report and
Recommendation of United States Magistrate Judge Pursuant to 28
U.S.C. § 636(b)(1)(B)&(C) filed on October 17, 2017 (“Report and
Recommendation”).

(DE #175.)

More than 14 days have passed, and

there is no objection to the Report and Recommendation.1

See

Willis v. Caterpillar, Inc., 199 F.3d 902, 904 (7th Cir. 1999)
(explaining that the failure to file a timely objection will result
in

the

waiver

recommendation).
hereby

ADOPTS

of

the

right

to

challenge

a

report

and

Therefore, upon due consideration, the Court
the

Report

and

Recommendation

(DE

#175).

Accordingly, the Court:
(1) GRANTS in part and DENIES in part the Agreed Motion to
Enforce Settlement Agreement of Defendants Frederick Frego, Stephen
1

Defendants initially filed a partial objection to the Report and
Recommendation, arguing that the denial of the request for sanctions and attorney
fees was in error. (DE #176.) However, Defendants later withdrew that request
both via motion and via notice. (DE #177 & DE #178.) To the extent that Court
action is required on the withdrawl, the motion (DE #177) is GRANTED.

Kil, Town of St. John, James Turturillo, and Michael Fryzel (DE
#160) as is set forth more fully in the Report and Recommendation;
(2) DENIES as MOOT the Motion for Expedited Hearing Date (DE
#167);
(3) DENIES as MOOT the Supplemental Motion for Expedited
Hearing Date (DE #169);
(4) DECLARES that the settlement agreement of August 8, 2017,
was entered into knowingly and voluntarily, is fully enforceable,
and, in particular, does not include a mutual release of claims;
(5) ORDERS Plaintiff to execute the document found at Exhibit
A of Defendant’s Motion (DE #160), which memorializes the already
enforceable settlement agreement;
(6) DENIES Defendants’ request for an award of attorney fees;
and
(7) ORDERS the parties to file dismissal paperwork with the
Court by December 12, 2017.

DATED: November 28, 2017

/s/RUDY LOZANO, Judge
United States District Court

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