Smith v. Wal-Mart Stores, Inc.

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 30 Report and Recommendation (Written Opinion). The Report and Recommendation is ADOPTED, Proposed Paragraphs 3, 4, and 5 of the draft agreement shall not be included as part of the materials terms o f the settlement to which the parties agreed. Proposed paragraphs 9.b. and 9.d. reflect the material terms of the settlement and shall be included in the final agreement. Proposed paragraph 10 shall not be included in the final agreement because the nondisclosure provisions of the agreement, together with the rules of evidence in both state and federal courts that makecompromise offers inadmissible except for limited purposes, see, e.g., Fed. R. Evid. 408, adequately implement the terms of the settlement. Signed by Judge Michael J. Davis on 11/20/17. (KMW)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Corey Smith,
Civil No. 16-cv-4277 (MJD/HB)
Plaintiff,
v.
Wal-Mart Stores, Inc.,

ORDER ON REPORT
AND RECOMMENDATION

Defendant.

The above-entitled matter came before the Court upon the Report and
Recommendation of the United States Magistrate Judge. No objections have been filed to
the Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all the
files, records and proceedings herein,
IT IS HEREBY ORDERED that:
1.

The Report and Recommendation is ADOPTED;

2.

Proposed Paragraphs 3, 4, and 5 of the draft agreement shall not be
included as part of the materials terms of the settlement to which the
parties agreed;

3.

Proposed paragraphs 9.b. and 9.d. reflect the material terms of the
settlement and shall be included in the final agreement;

4.

Proposed paragraph 10 shall not be included in the final agreement
because the nondisclosure provisions of the agreement, together with
the rules of evidence in both state and federal courts that make
compromise offers inadmissible except for limited purposes, see,
e.g., Fed. R. Evid. 408, adequately implement the terms of the
settlement

5.

Proposed paragraph 11 shall not be included in the final settlement
agreement, but the final agreement shall include a simple statement
to the effect that Plaintiff represents, warrants and covenants to
Walmart that he has the right and authority to execute this
Agreement and to receive the consideration specified in it, and that
he has not transferred or assigned the right to sue Walmart for the
claims and damages that are the subject of this settlement to any
other person or entity;

6.

Proposed paragraph 12 shall not be included in the final agreement,
but the final agreement shall contain a provision stating that Plaintiff
expressly disclaims any reliance on statements, actions or omissions
made by Walmart or its attorneys or agents regarding the contents
and legal consequences of this Agreement; and

7.

Proposed paragraph 14 shall not be included in the final settlement
agreement.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: November 20, 2017

s/Michael J. Davis
MICHAEL J. DAVIS
United States District Court Judge

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