Goncalves v. Water Wizard USA, Inc.

Full title: MARCELO GONCALVES, on his own behalf and on behalf of others similarly…

Court: United States District Court, S.D. Florida

Date published: Aug 31, 2005

Case No. 04-60791-CIV-DIMITROULEAS/LYNCH (S.D. Fla. Aug. 31, 2005)

Opinion

Case No. 04-60791-CIV-DIMITROULEAS/LYNCH.

August 31, 2005

REPORT AND RECOMMENDATION ON THE PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR ENTRY OF JUDGMENT FOR PLAINTIFF (DE 39) AND HIS NOTICE TO GRANT MOTION BY DEFAULT (DE 41)

FRANK LYNCH, Magistrate Judge

THIS CAUSE comes before this Court upon an Order of Reference from the Honorable William P. Dimitrouleas and the above Motions. Having reviewed the Motions, noting that the parties have recently submitted for filing their Agreed Order in Response to those Motions, dated August 30, 2005, this Court recommends as follows:

1. The parties have resolved the matter between themselves and have reached an agreement whereby judgment in the amount of $2,900.00 is to be entered against the Defendant, Water Wizard USA, Inc., and the pending Motions are to be denied as moot. Through accompanying correspondence the parties have requested that the hearing on those Motions, previously scheduled for August 31, 2005, be canceled. By separate Order, this Court has canceled that hearing.

2. The parties have electronically filed their Agreed Order and Notice of Filing (DE 43), thereby placing them into the court record.

ACCORDINGLY, this Court recommends to the District Court that the Agreed Order be ENTERED in accordance with the parties' agreement and that the above referenced Motions be DENIED as moot.

The parties shall have ten (10) days from the date of this Report and Recommendation within which to file objections, if any, with the Honorable William P. Dimitrouleas, the United States District Judge assigned to this case.

DONE AND SUBMITTED.