Opinion
Civil Action No. 12-cv-03235-REB-BNB
04-10-2014
AURORA COMMERCIAL CORP., Plaintiff, v. PARAMOUNT RESIDENTIAL MORTGAGE GROUP, INC., Defendant.
Judge Robert E. Blackburn
ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate Judge [#56], filed March 17, 2014. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).
"[#56]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
Finding no error, much less plain error, in the magistrate judge's recommended disposition, I find and conclude that recommendation should be approved and adopted. It appears clear to this court, as it did to the magistrate judge, that the parties verbally reached a settlement sufficiently specific in all essential terms to be enforceable. Defendant's subsequent change of heart provides no grounds for it to avoid that agreement.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#56], filed March 17, 2014, is APPROVED AND ADOPTED as an order of this court;
2. That Plaintiff's Motion To Enforce Settlement [#48], filed February 18, 2014, is GRANTED;
3. That Defendant's Motion for Summary Judgment [#44], filed January 31, 2014, is DENIED AS MOOT;
4. That all pretrial deadlines, the combined Final Pretrial Conference and Trial Preparation Conference, set Friday, May 2, 2014, at 10:00 a.m., and the bench trial, scheduled to commence May 5, 2014, are VACATED; and
5. That this case is DISMISSED WITH PREJUDICE, subject to the lump sum payment of $80,000 from defendant to plaintiff and delivery to defendant by plaintiff of a general release of all claims.
Dated April 10, 2014, at Denver, Colorado.
BY THE COURT:
___________________
Robert E. Blackburn
United States District Judge