Hayden v. FCA US LLC

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Judge David Jones signed by Judge J P Stadtmueller on 5/17/16; consistent with the Court's adoption of Magistrate Judge Jones' report and recommendation, the parties' settlement agreement shall be enforced and this action is DISMISSED with prejudice and without costs to either party. (cc: all counsel)(nm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
VICTOR HAYDEN,
Plaintiff,

Case No. 15-CR-585-JPS

v.
FCA US LLC,
Defendant.

ORDER

The parties in this matter jointly requested referral to mediation on
January 21, 2016. (Docket #22). To that end, the parties appeared before
Magistrate Judge David Jones on February 12, 2016, which resulted in final
resolution of the plaintiff’s claims. (Docket #28). However, following that
negotiated resolution, the plaintiff expressed dissatisfaction with the
settlement. (Docket #30). Magistrate Judge Jones conducted a status
conference on April 20, 2016, to attempt to resolve the remaining disputes.
(Docket #31).
Despite the plaintiff’s refusal to sign the written memorialization of
the parties’ settlement agreement, Magistrate Judge Jones issued a report and
recommendation on April 29, 2016, in which he recommends that the Court
order enforcement of the parties’ settlement agreement. (Docket #32). In the
alternative, Magistrate Judge Jones recommended that the Court equitably
estop Mr. Hayden from pursuing his claims in this matter. (Docket #32).
In his report, Magistrate Judge Jones notified the parties that pursuant
to Civil Local Rule 72(c) and 28 U.S.C. § 636(b)(1)(B), written objections to
any recommendation, or part thereof, could be filed within fourteen days. To
date, however, neither of the parties have filed any such objection.

The Court has considered Magistrate Judge Jones’ report and
recommendation and agrees, for the reasons stated therein, that the parties’
settlement agreement must be enforced. (Docket #32). This action will,
therefore, be dismissed with prejudice and without costs to either party.
Accordingly,
IT IS ORDERED that Magistrate Judge David Jones’ report and
recommendation (Docket #32) be and the same is hereby ADOPTED; and
IT IS FURTHER ORDERED that, consistent with the Court’s
adoption of Magistrate Judge Jones’ report and recommendation, the parties’
settlement agreement shall be enforced and that this action be and the same
is hereby DISMISSED with prejudice and without costs to either party.
Dated at Milwaukee, Wisconsin, this 17th day of May, 2016.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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