Benavides v. State of New Mexico et al

Filing 109

ORDER by District Judge Judith C. Herrera Adopting the Magistrate Judge's Proposed Findings and Recommended Disposition 108 , granting in part and denying in part Motions to Enforce Settlement 95 and 99 . (baw)

Case 1:20-cv-00326-JCH-JFR Document 109 Filed 07/12/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
PRISCILLA BENAVIDES,
Plaintiff,
v.

Civ. No. 20-326 JCH/JFR

STATE OF NEW MEXICO
DEPARTMENT OF TRANSPORTATION et al,
Defendants.
ORDER ADOPTING THE MAGISTRATE JUDGE’S PROPOSED FINDINGS AND
RECOMMENDED DISPOSITION
THIS MATTER comes before the Court on United States Magistrate Judge John F.
Robbenhaar’s Proposed Findings and Recommended Disposition (“PFRD”) (Doc. 108), filed June
15, 2023, proposing a final General Release and Settlement Agreement (Doc. 108-1) as a result of
the parties’ respective Motions to Enforce Settlement (Docs. 95, 99). Objections to the PFRD were
due no later than June 29, 2023. (Doc. 108). No objections have been filed, and the deadline for
doing so has expired. The failure to make timely objections to the Magistrate Judge’s PFRD waives
appellate review of both factual and legal questions. United States v. One Parcel of Real Prop.,
73 F.3d 1057, 1059 (10th Cir. 1996). Having reviewed the PFRD and the parties’ cross motions
to enforce settlement, the Court concludes that it agrees with the PFRD.
IT IS THEREFORE ORDERED that the Magistrate Judge’s PFRD (Doc. 108) is
ADOPTED. Both Plaintiff’s Motion to Enforce Settlement Agreement (Doc. 95) and Defendants’
Motion to Enforce Settlement (Doc. 99) are GRANTED in PART and DENIED in PART as
more fully explained in the PFRD. Plaintiff’s request for attorney’s fees and costs in conjunction
with her motion to enforce is DENIED.

Case 1:20-cv-00326-JCH-JFR Document 109 Filed 07/12/23 Page 2 of 2

IT IS FURTHER ORDERED that the parties must agree upon and insert a workable
retirement date in Paragraph 5(c). Then, all parties and necessary signatories must sign and execute
the General Release and Settlement Agreement (Doc. 108-1) as soon as possible, but no later than
July 28, 2023. Then, the parties must file the appropriate closing documents under Rule 41(a) with
this Court no more than five business days after the General Release and Settlement Agreement
has been fully executed. After those closing documents have been filed, the Court will enter a final
order dismissing all of Plaintiff’s claims.

_______________________________________
SENIOR UNITED STATES DISTRICT JUDGE

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