Trustmark Insurance Company v. Spruill et al

Filing 32

ORDER DISMISSING CASE signed by Judge Pamela Pepper on 11/19/2018. 31 Judge Jones's Report and Recommendation ADOPTED; funds deposited in court registry, initial deposit of $34,926.51 plus accrued interest, to be distributed as follows: 64.7% of proceeds to Betty Johnson and Eric Spruill (Betty Johnson to receive payment on behalf of both herself and Eric Spruill) and 35.3% of proceeds to Lawrence Spruill. Case DISMISSED with prejudice. (cc: all counsel, via mail to Lawrence Spruill, Eric Spruill, Betty Johnson)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

LAWRENCE SPRUILL,
Plaintiff,
v.

Case No. 17-cv-1808-pp

ERIC SPRUILL AND BETTY JOHNSON,
Defendant.

ORDER ADOPTING RECOMMENDATION (DKT. NO. 31), ORDERING CLERK
OF COURTS TO DISPERSE FUNDS IN COURT REGISTRY CONSISTENT
WITH TERMS OF SETTLEMENT, AND DISMISSING CASE

Magistrate Judge David E. Jones conducted a mediation on October 3,
2018, and the parties agreed to resolve this case. Dkt. No. 31. Judge Jones
issued a report and recommendation on October 5, 2018, describing the terms
of the settlement and recommending that this court dismiss the case with
prejudice.
Under Federal Rule of Civil Procedure 72(b), if a party does not object to
a magistrate judge’s report and recommendation, the district court (this court)
reviews the recommendation for clear error. Fed. R. Civ. P. 72(b); Johnson v.
Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999) (citations omitted).
Because no party has filed an objection, the court must decide only whether
Judge Jones’s report and recommendation are clearly erroneous. The court
concludes that they are not.

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The court ADOPTS the recommendation of the magistrate judge that this
court dismiss the case with prejudice. Dkt. No. 31.
The court ORDERS the clerk of court to disperse the funds deposited in
the court registry consistent with the terms set forth in Judge Jones’s report
and recommendation. The initial $34,926.51 deposited with the court registry
has accrued interest. The clerk of court shall distribute 64.7% of the proceeds
to Betty Johnson and Eric Spruill, and 35.3% of the proceeds to Lawrence
Spruill. The parties have agreed that Betty Johnson will receive payment on
behalf of both her and Eric Spruill.
The court ORDERS that this case is DISMISSED WITH PREJUDICE.
The clerk will enter judgment accordingly. This order and the judgment to
follow are final.
Dated in Milwaukee, Wisconsin this 19th day of November, 2018.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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