Larsen v. Capital One Bank, NA et al.

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATION (Written Opinion). Signed by Judge Wilhelmina M. Wright on 05/23/17. (TJB)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Cory Larsen,

Case No. 15-cv-4510 (WMW/HB)
Plaintiff,
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
Capital One Bank, N.A. and Kohl’s
Department Stores, Inc.,
Defendants.

This matter is before the Court on the April 12, 2017 Report and Recommendation
(R&R) of United States Magistrate Judge Hildy Bowbeer. (Dkts. 45, 46.) The R&R
recommends granting Plaintiff Cory Larsen’s motion to enforce the settlement agreement,
(Dkt. 26), and denying the cross motion to strike confidential information from the
docket and for sanctions filed by Defendants Capital One Bank, N.A. and Kohl’s
Department Stores, Inc., (Dkt. 35). Objections to the R&R have not been filed in the
time period permitted. In the absence of timely objections, this Court reviews an R&R
for clear error. See Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment
(“When no timely objection is filed, the court need only satisfy itself that there is no clear
error on the face of the record in order to accept the recommendation.”); Grinder v.
Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&R, the
Court finds no clear error.

ORDER
Based on the R&R and all the files, records and proceedings herein, IT IS
HEREBY ORDERED:
1.

The April 12, 2017 R&R, (Dkts. 45, 46), is ADOPTED;

2.

The motion to enforce the settlement agreement filed by Plaintiff Cory

Larsen, (Dkt. 26), is GRANTED;
3.

The cross motion to strike confidential settlement information from the

docket and for sanctions, (Dkt. 35), is DENIED; and
4.

The Clerk of Court is directed to unseal ECF docket entry numbers 28

and 31, (Dkts. 28, 31), the recording of the December 29, 2016 hearing, (Dkt. 43), and
the unredacted version of the April 12, 2017 R&R, (Dkt. 46).

Dated: May 23, 2017

s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge

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