McWhinney v. Elja Inc et al

Filing 22

REPORT AND RECOMMENDATIONS that MOTION for Contempt filed by Michael McWhinney (ECF No. 20 ) be denied. Case no longer referred to Magistrate Judge William E. Duffin. Signed by Magistrate Judge William E. Duffin on 2/20/2019. (cc: all counsel)(djo)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MICHAEL McWHINNEY,
Plaintiff,
v.

Case No. 17-CV-1564

ELJA INC., BENIGNO RAFAEL ELEJALDE, and
MARIA MERCEDES DE ELEJALDE,
Defendants.
RECOMMENDATION
The Honorable J.P. Stadtmueller referred to this court the plaintiff’s motion that
the defendants be found in contempt for failing to pay in accordance with the parties’
settlement agreement. (ECF Nos. 20, 21.) The defendants have failed to respond.
Having reviewed the motion, the court finds no basis to recommend the
defendants be found in contempt. The order approving the parties’ settlement (ECF No.
19) specifically states what is to occur in the event of nonpayment: “IT IS FURTHER
ORDERED that if Defendants fail to pay the payments provided for in the settlement
agreement, after notice and seven (7) days to cure, Plaintiff shall file with the Court the
stipulated entry of judgment attached as Exhibit A to the settlement agreement in the
amount of $77,734.00, less all settlement amounts paid prior to the entry of judgment.”
(ECF No. 19 at 2.)

The court finds that, under the terms of the court’s February 21, 2018 order, the
entry of judgment against the defendants is the plaintiff’s exclusive remedy for the
defendants’ non-payment.
IT IS, THEREFORE, RECOMMENDED that the Plaintiff’s Motion for Contempt
(ECF No. 20) be denied.
Dated at Milwaukee, Wisconsin this 20th day of February, 2019.

_________________________
WILLIAM E. DUFFIN
U.S. Magistrate Judge

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