Barham v. Toney et al

Filing 83

ORDER by District Judge James H. Payne: affirming and adopting 82 Report and Recommendation; granting 65 Defendants' Motion to Enforce Settlement (cjt, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
DERRICK BARHAM,

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) Case No. CIV-14-388-JHP
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Plaintiff,
vs.
(1) ROBERT DONALD TONEY, and
(2) CANAL INSURANCE COMPANY
Defendants.

ORDER AFFIRMING AND ADOPTING THE REPORT AND
RECOMMENDATION OF THE UNITED STATES
MAGISTRATE JUDGE
On December 7, 2016, United States Magistrate Judge Steven P. Shreder entered a
Report and Recommendation in regard to Defendants’ Motion to Enforce Settlement (Doc. No.
65). The Magistrate Judge recommended that Defendants’ Motion be granted. On November 9,
2015, Plaintiff filed an objection to the Magistrate Judge’s issuance of a Report and
Recommendation as stated in the Minute Sheet regarding the Evidentiary Hearing that took place
on October 27, 2016. (Doc. No. 81; see Doc. No. 82, at 5). No party has filed any further
objection to the Report and Recommendation. 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b).
This Court finds that the Report and Recommendation of the Magistrate Judge is
supported by the record. Therefore, upon full consideration of the entire record and the issues
presented herein, the Court finds and orders that the Report and Recommendation entered by the
United States Magistrate Judge on December 7, 2016, be AFFIRMED and ADOPTED by this
Court as its Findings and Order.
IT IS ORDERED that:
(1)

Defendants’ Motion to Enforce Settlement (Doc. No. 65) is GRANTED. The
Court hereby orders that Plaintiff is bound by all the terms of the Settlement
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Agreement and Release (“SAR”) (Doc. No. 65-3). Plaintiff’s counsel is directed
to provide Canal with a complete break-down of the settlement amount, including
documentation confirming the negotiated lien payments, the amount of attorney
fees and costs going to counsel, and the net amount going to Plaintiff. Canal is
directed to issue checks pursuant to the break-down provided by Plaintiff’s
counsel, with delivery of all checks going to Plaintiff’s counsel for distribution
within thirty (30) days of receiving the break-down and lien documentation.
Counsel for all parties are directed to file a Joint Stipulation for Dismissal with
Prejudice immediately upon distribution of the settlement funds.
(2)

Defendants’ request for attorneys’ fees for the efforts expended in enforcing the
settlement agreement is DENIED.

IT IS SO ORDERED this 22nd day of December, 2016.

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