PAUL L. BROWNING V. MCI, ET AL.

Filing 433

ORDERED that the Report and Recommendation (# 427 ) is APPROVED and ADOPTED. IT IS, THEREFORE, HEREBY ORDERED that Ds' Motion to Enforce Settlement Agreement (# 402 ) is GRANTED IN PART and DENIED IN PART on the following basis: Ds substantiall y complied with the terms of the settlement agreement; because the payment of $25.42 has been made, Ds have now completely satisfied their obligations under the settlement agreement. IT IS FURTHER ORDERED that P's Motion (# 403 ) is DENIED. IT IS FURTHER ORDERED that P's pending Motions (# 418 and # 420 ) are DENIED as moot. IT IS FURTHER ORDERED that the Clerk shall enter judgment in accordance with our Order (# 400 ) dismissing P's claims with prejudice, on the stipulation of the parties. IT IS FURTHER ORDERED that no further filings will be received in this case. Signed by Judge Edward C. Reed, Jr on 7/27/2010. (Copies have been distributed pursuant to the NEF - DRM) Modified on 7/27/2010 to add bold (DRM).

PAUL L. BROWNING V. MCI, ET AL.

Doc. 433

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA RENO, NEVADA PAUL L. BROWNING, Plaintiff, vs. MCI, WORLDCOM, et al.. Defendants. PRESENT: Deputy Clerk: EDWARD C. REED, JR. COLLEEN LARSEN Reporter: ) ) ) ) ) ) ) ) ) ) 3:00-CV-0633-ECR-VPC MINUTES OF THE COURT DATE: July 27, 2010

U. S. DISTRICT JUDGE NONE APPEARING

Counsel for Plaintiff(s) Counsel for Defendant(s) MINUTE ORDER IN CHAMBERS

NONE APPEARING NONE APPEARING

On June 30, 2010, the Magistrate Judge filed a Report and Recommendation (#427), addressing the parties' respective motions to enforce the settlement agreement (## 402 and 403). Plaintiff filed Objections (#431) to the Report and Recommendation (#427). The Objections (#431) are without merit and are overruled. The Magistrate Judge's Report and Recommendation (#427) recommends that Defendants be ordered to pay Plaintiff $25.42. This sum compensates for a shortfall in the number of songs on the MP3 player provided to Plaintiff. Defendants have filed a Notice of Compliance (#429), indicating that a payment of $25.42 has been made to Plaintiff's Trust II account. Plaintiff's claims have already been dismissed with prejudice (see Order (#400)), the action has already been administratively closed, and the parties have fulfilled their respective obligations under the settlement agreement. As such, there is no appropriate basis for any further filings in this case. The Report and Recommendation (#427) is well taken. IT IS HEREBY ORDERED that the Report and Recommendation (#427) is APPROVED and ADOPTED. IT IS, THEREFORE, HEREBY ORDERED that Defendants' Motion to Enforce Settlement Agreement (#402) is GRANTED IN PART and DENIED IN PART on the

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following basis: Defendants substantially complied with the terms of the settlement agreement; because the payment of $25.42 has been made, Defendants have now completely satisfied their obligations under the settlement agreement. IT IS FURTHER ORDERED that Plaintiff's Motion (#403) is DENIED. IT IS FURTHER ORDERED that Plaintiff's pending Motions (#418 and #420) are DENIED as moot. IT IS FURTHER ORDERED that the Clerk shall enter judgment in accordance with our Order (#400) dismissing Plaintiff's claims with prejudice, on the stipulation of the parties. IT IS FURTHER ORDERED that no further filings will be received in this case. LANCE S. WILSON, CLERK By /s/ Deputy Clerk

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