Opinion
CV-23-00144-TUC-JGZ
04-08-2024
REPORT AND RECOMMENDATION
Honorable D. Thomas Ferraro United States Magistrate Judge
This matter is on referral to the undersigned for purposes of holding a settlement conference. (Doc. 68.) A settlement conference was held and the parties reached a settlement. (Doc. 71, 76.) Thereafter, the parties were unable to reach an agreement regarding the terms of a proposed order dismissing the case. The parties therefore requested that the undersign assist them.
Attached as Exhibit A is a form of order dismissing this matter that is proposed by Plaintiff. Attached as Exhibit B is a form of order dismissing this matter that is proposed by the undersigned. Defendant agrees to the form of order proposed by the undersigned (Exhibit B). This Court recommends that the district court enter the form of order attached as Exhibit B.
Accordingly, it is RECOMMENDED that the district court ENTER the form of order attached as Exhibit B. Pursuant to Federal Rule of Civil Procedure 72(b)(2), any party may serve and file written objections within fourteen days of being served with a copy of the Report and Recommendation. A party may respond to the other party's objections within fourteen days. No reply brief shall be filed on objections unless leave is granted by the district court. If objections are not timely filed, they may be deemed waived. If objections are filed, the parties should use the following case number: 4:23-cv-144-JGZ.
EXHIBIT A
ORDER
Upon stipulation of the parties, UnitedHealth Group, Defendant. Upon stipulation of the parties, IT IS HEREBY ORDERED DISMISSING this matter with prejudice and with each side to pay her/its own attorneys' fees and costs. This Court retains jurisdiction to enforce the terms of the parties' settlement agreement. Defendant to pay Plaintiff in full for Damages within 30 days of this Order per parties' settlement agreement. Copy of parties' settlement agreement attached under Seal for the Court's Jurisdiction.
EXHIBIT B
ORDER
Upon stipulation of the parties, IT IS HEREBY ORDERED DISMISSING this matter with prejudice and with each side to pay her/its own attorneys' fees and costs. This Court retains jurisdiction to enforce the terms of the parties' settlement agreement.