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07-070 - Valory v. Gayle et al


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07-070 - Valory v. Gayle et al
October 30, 2008
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FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT, FOR SANCTIONS AND FOR ENTRY OF JUDGMENT 37 ( Objections to F&R due by 11/14/2008). Signed by JUDGE LESLIE E KOBAYASHI on 10/30/08. ~ This Court HEREBY FINDS that there is good cause to reopen the instant case AND RECOMMENDS that Plaintiff's Motion to Enforce Settlement, for Sanctions and for Entry of Judgment, filed September 10, 2008, be GRANTED IN PART AND DENIED IN PART. Specifically, the Court RECOMMENDS that the district judge GRANT the Motion to the extent that it seeks enforcement of the settlement agreement. The Court recommends that the district judge direct the entry of an amended judgment in favor of Plaintiff and against Defendant in the amount of $20,000.00, plus six interest from February 6, 2008 until the amount is paid. The Court RECOMMENDS that the district judge DENY the Motion to the extent that it seeks attorney's fees and costs incurred as a result of Defendants failure to pay her settlement obligations. The Court recommends that the denial be without prejudice to the filing of a motion for attorneys fees and costs. (ecs, )
December 9, 2008
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ORDER Overruling Objection and Adopting Findings and Recommendations 4741 Findings and Recommendations.. Signed by JUDGE SAMUEL P KING on 12/9/08. ~ Court OVERRULES Defendants' objections and ADOPTS Judge Kobayashis October 30, 2008, Findings and Recommendation. The Motion to Enforce is GRANTED to the extent it seeks enforcement of the settlement agreement. Judgment shall enter in favor of Plaintiff and against Defendants in the amount of $20,000 plus six percent interest from February 6, 2008 until the amount is paid. The corresponding request for fees and costs is DENIED without prejudice to the filing of an appropriate motion for fees and costs. (ecs, )