Automated Building Systems-Tulsa, Inc. v. Western Surety Company

Filing 52

ORDER by Judge Ronald A. White adopting the Findings and Recommendation of United States Magistrate Judge Kimberly E. West ( 51 Report and Recommendation) and granting plaintiff's motion to enforce settlement agreement and defendant's motion to resolve dispute regarding settlement agreement ( 39 Motion to Enforce ; 42 Motion to Enforce ) (lal, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
UNITED STATES ex rel. AUTOMATED
BUILDING SYSTEMS—TULSA, INC.,
Plaintiff,
v.
Case No. CIV-18-058-RAW
WESTERN SURETY COMPANY,
Defendant,

ORDER
On September 13, 2019, United States Magistrate Judge Kimberly E. West entered her
Findings and Recommendation (“F&R”) [Docket No. 51] as to Plaintiff’s motion to enforce
settlement agreement [Docket No. 39] and Defendant’s motion to resolve dispute regarding
settlement agreement [Docket No. 42]. The Magistrate Judge recommended that both motions
be GRANTED to the extent that the terms of the handwritten signed agreement authored at the
settlement conference conducted in this case is a binding agreement the terms of which are fully
enforceable by either party. The parties had fourteen days to file any objections to the F&R. No
objections have been filed. The court finds that the F&R is well-supported by the evidence and
the prevailing legal authority. Accordingly, the F&R is hereby AFFIRMED and ADOPTED as
this court’s Findings and Order.
IT IS SO ORDERED this 30th day of September, 2019.

______________________________________
THE HONORABLE RONALD A. WHITE
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF OKLAHOMA