Opinion
2:21-cv-01086-JAD-BNW
11-01-2022
Michael Segura, Plaintiff v. Zurich American Insurance Company, et al., Defendants
ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING MOTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR SANCTIONS [ECF NOS. 19, 24]
Jennifer A. Dorsey U.S. District Judge.
Mediation of this insurance-coverage action resulted in a settlement earlier this year. But a dispute over the language of the written release caused the defendant Zurich American Insurance Company to bring a motion to enforce the settlement agreement, asking the court to order the plaintiff to sign the version of the release that Zurich prefers. The magistrate judge has evaluated Zurich's motion and recommends that I deny it. She reasons that the disputed language is “a material term that was not agreed upon” at the time that the settlement was reached. She also finds that “sanctions are not warranted.” The deadline for any party to object to that report and recommendation was yesterday, and no party filed an objection or moved to extend the deadline to do so. “[N]o review is required of a magistrate judge's report and recommendation unless objections are filed.” Having reviewed the report and recommendation, I find good cause to adopt it, and I do.
ECF No. 19; corrected version at ECF No. 22.
ECF No. 24 at 5.
Id.
Id.
Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
IT IS THEREFORE ORDERED that the magistrate judge's report and recommendation [ECF No. 24] is ADOPTED in its entirety.
IT IS FURTHER ORDERED that Zurich American Insurance Company's Motion to Enforce Settlement and Compel Dismissal of Action and Motion for Award of Attorney's Fees and Costs [ECF No. 19] is DENIED.