McCloud v. Huszar et al

Filing 65

ORDER granting 58 Motion for Settlement; adopting 63 Report and Recommendation. Signed by District Judge Carlton W. Reeves on 10/24/2018. (CL)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
LEONARD MCCLOUD
V.

PLAINTIFF
CAUSE NO. 3:16-CV-991-CWR-FKB

MICHAEL HUSZAR, ET. AL,

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court pursuant to the Report and Recommendation of United
States Magistrate Judge F. Keith Ball, which was entered on September 24, 2018. Docket No.
63. The Report and Recommendation clearly notified the parties that failure to file written
objections to the findings and recommendations contained therein within 14 days after service
would bar further appeal in accordance with 28 U.S.C. § 636. Id. This Court, finding that there
has been no submission of written objections by any party, hereby adopts said Report and
Recommendation as the Order of this Court.
As outlined in the Report and Recommendation, on May 19, 2017, Plaintiff fully agreed
to finally settle all claims against Defendants and be responsible for the payment of all liens
arising from his claims and alleged damages. Plaintiff was responsible for executing and
returning to Defendants a full Release of all claims and written confirmation from lienholders of
the satisfaction of liens related to the claims in this case. Plaintiff, however, has never executed
the Release or provided written confirmation of the resolution of his medical liens. As such,
Defendants filed a Motion to Enforce the Settlement Agreement. Docket No. 58. Plaintiff has
been non-responsive to Defendant’s motion and this Court’s orders. See Docket No. 63 at 1–2.
It is the Order of this Court that Plaintiff agreed to the Settlement Agreement and has
now breached its provisions. The settlement precludes any further action by Plaintiff against

Defendants or their insurance carrier, as well as any future derivative claims against Defendants
and/or their insurance carrier. See Docket No. 58-1. Further, the settlement requires Plaintiff to
pay all “liens, claims, and encumbrances arising from or relating to Plaintiff’s claims and alleged
damages” in this case. Id. Plaintiff must produce a signed Release of all claims and written
confirmation of the resolution of his medical liens.
Accordingly, Defendants’ Motion to Enforce Settlement is GRANTED [Docket No. 58].
SO ORDERED, this the 24th day of October, 2018.

s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE

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