Williams v. The City of New York et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The court ADOPTS IN FULL Judge Bloom's R&R, and grants Defendants' motion to enforce the parties' on-the-record settlement agreement. Pursuant to the terms of that agreement, the court DISMISSES this action with prejudice. Defendants are DIRECTED to make all reasonable efforts to contact Plaintiff, and to arrange for the payment to Plaintiff of the agreed-upon settlement amount of & #036;20,000. Defendants are further DIRECTED to provide a status report to the court by December 15, 2015, regarding their efforts to locate Plaintiff and to execute payment of the settlement amount. So Ordered by Judge Nicholas G. Garaufis on 10/5/2015. (c/m to pro se; fwd'd for jgm) (Lee, Tiffeny)

o/F
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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DONALD WILLIAMS,
Plaintiff,

ORDER

-against-

14-CV-183 (NGG) (LB)

THE CITY OF NEW YORK, THE NEW
YORK CITY POLICE DEPARTMENT,
POLICE OFFICER JESSE ULLGER,
individually and in his official capacity as New
York City Police,
Defendants.

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NICHOLAS G. GARAUFIS, United States District Judge.

Plaintiff Donald Williams, proceeding pro se, commenced this Section 1983 action on
January 8, 2014, asserting claims of false arrest, unlawful imprisonment, negligent supervision,
malicious prosecution, and assault and battery. (Compl. (Dkt. 1); see also Am. Compl.
(Dkt. 17).) Pre-trial proceedings were referred to Magistrate Judge Lois Bloom. During a
conference before Judge Bloom on January 6, 2015, at which time Plaintiff was represented by
counsel and was not proceeding pro se, the parties settled the case on the record. (See
Jan. 6, 2015, Min. Entry.) However, Plaintiff subsequently refused to sign a written settlement
agreement (see Pl. 's Feb. 3, 2015, Ltr.-Mot. for Hearing (Dkt. 27)), and during an ensuing
conference before Judge Bloom, Plaintiff-proceeding prose once again-asserted that he had
not

intend~d

to agree to a settlement (see Feb. 12, 2015, Scheduling Order). Judge Bloom

directed Defendants to file a motion to enforce the oral settlement, and set a briefing schedule.
(Id.) Defendants served their motion to enforce the oral settlement on May 14, 2015. (See Not.
of Mot. (Dkt. 34).) Plaintiff did not serve or file a timely response, and Defendants filed the
motion unopposed on July 13, 2015, the date on which their reply would have otherwise been

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due. (See Defs.' July 13, 2015, Ltr. (Dkt. 38).) The court referred the motion to enforce the oral
settlement to Judge Bloom for report and recommendation pursuant to 28 U.S.C. § 636(b)(l)(B)
and Federal Rule of Civil Procedure 72(b)(l). (July 17, 2015, Order (Dkt. 39).)
On September 9, 2015, Judge Bloom issued a Report and Recommendation (the "R&R")
recommending that the court grant Defendants' motion to enforce the on-the-record settlement
agreement. (R&R (Dkt. 40).) In the R&R, Judge Bloom first held that the parties intended to be
bound by their oral settlement, recorded during the January 6, 2015, conference before her.

iliL

at 6.) In addition, although Plaintiff did not oppose Defendants' motion, Judge Bloom held that
the oral settlement was not voidable for duress--as Plaintiff had claimed during a
February 2015, conference-because nothing in the record reflected that the settlement was the
result of economic duress, and Defendants' threat of proceeding with litigation against Plaintiff
and deposing him absent settlement was not unlawful. (Id. at 7.)
No party has objected to Judge Bloom's R&R, and the time to do so has passed. See Fed.
R. Civ. P. 72(b)(2). (See also R&R at 8 ("[T]he parties shall have fourteen (14) days from

service of this Report to file objections .... Failure to file a timely objection to this Report
generally waives any further judicial review.").) Therefore, the court reviews the R&R for clear
error. See Gesualdi v. Mack Excavation & Trailer Serv., Inc., No. 09-CV-2502 (KAM), 2010
WL 985294, at *1 (E.D.N.Y. Mar. 15, 2010); La Torres v. Walker, 216 F. Supp. 2d 157, 159
(S.D.N.Y. 2000); see also Porter v. Potter, 219 F. App'x 112 (2d Cir. 2007) (summary order);
cf. 28 U.S.C. § 636(b)(l).
Reviewing for clear error, the court finds none. Accordingly, the court ADOPTS IN
FULL Judge Bloom's R&R, and grants Defendants' motion to enforce the parties' on-the-record
settlement agreement. Pursuant to the terms of that agreement, the court DISMISSES this action

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with prejudice. Defendants are DIRECTED to make all reasonable efforts to contact Plaintiff,
and to arrange for the payment to Plaintiff of the agreed-upon settlement amount of $20,000.
Defendants are further DIRECTED to provide a status report to the court by December 15, 2015,
regarding their efforts to locate Plaintiff and to execute payment of the settlement amount.
Finally, the Clerk of Court is respectfully directed to close this case.
SO ORDERED.

s/Nicholas G. Garaufis
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NICHOLAS G. GARA\JFIS
United States District Judge

Dated: Brooklyn, New York
October S , 2015

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