MCELROY v. DIAMOND INDUSTRIAL SERVICES GROUP, INC. et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE THOMAS J. RUETER 37 , ETC. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 04/10/2017. 04/10/2017 ENTERED AND COPIES E-MAILED.(nds)

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Case 2:15-cv-05707-ER Document 37 Filed 03/16/17 Page 5 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ARNOLD McELROY CIVIL ACTION v. DIAMOND INDUSTRIAL SERVICES, INC.,et al. NO. 15-5707 A~ , ~./" AND NOW, this\Oday of ORDER .I ~,,,, , 2017, upon consideration of the pleadings and record herein, and after review of the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter dated March 16, 2017, and..:.<tbjection thereto, it is hereby ORDERED 1. The Report and Recommendation is APPROVED and ADOPTED; 2. Plaintiffs Motion to Vacate the Court's Order Dated February 3, 2017 and to Enforce Settlement of Arnold McElroy (Doc. 30) is GRANTED IN PART and DENIED IN PART. 3 9f.,ct/ J~ 3. JUDGMENT IS llJH'FR-Y ENTERED in the amount of Four Million Four Hundred Thousand Dollars ($4,400,000) in favor of plaintiff, Arnold McElroy, and against The motion is granted insofar as judgment be entered in favor of plaintiff and against defendant. The motion is denied insofar as it seeks to vacate this court's dismissal order and reactivate the case. Case 2:15-cv-05707-ER Document 37 Filed 03/16/17 Page 6 of 6 defendant, Diamond Industrial Services, Inc., plus pre-judgment interest of six percent (6%) from February 21 2017. BY THE COURT: ~_,{_ {-~~ EDUARDO C. ROBRENO, 2 J.

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