Jones v. Monogram Comfort Foods, LLC

Filing 26

ORDER: The Court ADOPTS the Magistrate Judge's Report and Recommendation 25 . The Joint Motion to Enforce Settlement Agreement 19 is GRANTED. The parties are ORDERED to execute the written settlement agreement and file a joint stipulation to dismiss with prejudice by 5/5/2025. Defendant is ORDERED to tender the agreed upon consideration. Signed by Judge Cristal C Brisco on 3/5/2025. (ash)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
ROBERT LEE JONES JR,
Plaintiff,
v.

Case No. 3:23-CV-712-CCB-SJF

MONOGRAM COMFORT FOODS,
LLC,
Defendant.
ORDER
On July 26, 2023, Plaintiff Robert Lee Jones, Jr. sued his former employer,
Defendant Monogram Comfort Foods, LLC (“Monogram”), alleging that Monogram
discriminated against him. (ECF 1). On June 25, 2024, Monogram and Jones, through his
counsel, filed their Joint Motion to Enforce Settlement Agreement and Dismiss Case.
(ECF 19). Monogram and Jones’s counsel assert that on April 25, 2024, the parties
reached an agreement to resolve this matter. The parties also agreed that Monogram’s
counsel would draft a formal settlement agreement. On May 7, 2024, Monogram
provided the proposed written settlement agreement to Jones’s counsel, who reviewed
it and confirmed that it accurately reflected the memorialized agreement reached on
April 25, 2024. Jones’s counsel then unsuccessfully attempted to contact Jones multiple
times in order to obtain his signature on the written settlement agreement. Monogram
and Jones, by counsel, request the Court order Jones to sign the agreement, authorize
Monogram to send the settlement proceeds to Jones’s counsel if Jones fails to sign the

settlement agreement, and order the parties to file a stipulation to dismiss with
prejudice. (ECF 19). On August 12, 2024, the motion was referred to Magistrate Judge
Scott J. Frankel to prepare a report and recommendation. (ECF 20).
On February 4, 2025, the magistrate judge recommended the Court grant the
Joint Motion to Enforce Settlement. (ECF 25). Under Rule 72(b), the parties had 14 days
to object to the report and recommendation, which they did not do. Accordingly, the
Court ADOPTS the magistrate judge’s report and recommendation. (ECF 25). The Joint
Motion to Enforce Settlement Agreement (ECF 19) is GRANTED. The parties are
ORDERED to execute the written settlement agreement and file a joint stipulation to
dismiss with prejudice by May 5, 2025. Defendant is also ORDERED to tender the
agreed upon consideration.
If the Court is notified of Plaintiff’s refusal to execute the written settlement
agreement by May 5, 2025, the Court will order the case be dismissed with prejudice.
SO ORDERED on March 5, 2025.

/s/Cristal C. Brisco
CRISTAL C. BRISCO, JUDGE
UNITED STATES DISTRICT COURT

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