Houston v. County of Boone et al

Filing 214

ORDER By Judge Nanette K. Laughrey ADOPTING the report and recommendation dated August 23, 2019, (Doc. 213 ), and GRANTING Defendant's Amended Motion for Order from Final Judgment, Order, or Proceedings, and Motion for Injunction, (Doc. 204 ). Signed on 10/7/2019 by District Judge Nanette K. Laughrey. (Order mailed to Plaintiff.) (Finkelstein, Netanel)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
DERRICK HOUSTON,

Plaintiff,
v.
COUNTY OF BOONE, et al.,

Defendants.

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No. 2:16-cv-04204-NKL

ORDER
On August 23, 2019, United States Magistrate Judge Willie J. Epps, Jr. recommended
[Doc. 213] that the Defendant’s Second Amended Motion for Relief from Final Judgment,
Order, or Proceedings, and Motion for Injunction [Doc. 204] be granted. The parties were
advised they could file written objections to the recommendation, pursuant to 28 U.S.C. §
636(b)(1)(C). No objections were filed.
A de novo review of the record and applicable law convinces the Court that the
recommendation of the Magistrate Judge is correct and should be adopted.

IT IS, THEREFORE, ORDERED that the Report and Recommendation of August
23, 2019 [Doc. 213] is adopted, and the Defendant’s Second Amended Motion for Relief from
Final Judgment, Order, or Proceedings, and Motion for Injunction [Doc. 204] is granted.

IT IS FURTHER ORDERED that the Clerk’s Order of Dismissal [Doc. 63] is
set aside.
IT IS FURTHER ORDERED that the settlement agreement is set aside.

IT IS FURTHER ORDERED that Plaintiff must return to the Defendant the
$1,276,048.51 received in settlement funds, and to not otherwise dispose of such funds.
IT IS FURTHER ORDERED that all reasonable costs and expenses, including
reasonable legal fees, that were expended by Defendant to pursue this motion, should be
paid by Plaintiff to Defendant.
IT IS FURTHER ORDERED that the Plaintiff’s claims are dismissed with prejudice.

/s/Nanette K. Laughrey
NANETTE K. LAUGHREY
United States District Judge
Dated: October 7, 2019
Jefferson City, Missouri

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