Brunelle v. Norfolk Southern Railway Co., No. 2:2018cv00290 - Document 57 (E.D. Va. 2019)

Court Description: ORDER - The Court ADOPTS AND APPROVES IN FULL the findings and recommendations set forth in the Magistrate Judge's R&R, ECF No. 56 . Accordingly, the Plaintiff, Brunelle's Motion to Reopen the Case, to Enforce the Settlement Agreement, an d for Attorneys' Fees and Costs, ECF No. 47 , is DENIED IN PART as to enforcement of any settlement agreement, GRANTED IN PART as to reopening the case, and DENIED AS MOOT as to any request for fees and costs. Signed by District Judge Rebecca Beach Smith on 11/5/2019. (tamarm)

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Brunelle v. Norfolk Southern Railway Co. Doc. 57 UNITED STATES DISTRICT COURT FILED EASTERN DISTRICT OF VIRGINIA Norfolk Division CLERK, U.S. DISTRICT COURT NORFOLK. VA ROBERT BRUNELLE, Plaintiff, ACTION NO. 2:18cv290 V. NORFOLK SOUTHERN RAILWAY CO., Defendant. ORDER This matter comes before the court on Plaintiff, Robert Brunelle's (""Brunelle"), Motion to Reopen Case, to Enforce the Settlement Agreement, and for Attorneys' Fees and Costs related thereto, ECF No. 47. (^'Norfolk Defendant, Norfolk Southern Railway Co. Southern"), filed its Response in Opposition, ECF No. 48, and Brunelle filed his Reply, ECF No. 49. The Court ordered that a motion hearing be scheduled, ECF No. 51, which motion hearing was held on October 9, 2019, ECF No. 54. On July 15, 2019, the matter was referred to United States Magistrate Judge Robert J. Krask pursuant to the provisions of 28 U.S.C. ยง 636(b)(1)(B) 72(b), to hearings, district conduct and necessary if necessary, judge proposed and Federal Rule hearings, to submit of Civil including to findings of fact, if the Procedure evidentiary undersigned applicable, and Dockets.Justia.com recommendations Case. for the disposition of the Motion to Reopen Referral Order, EOF No. 50. By copy of the Magistrate Judge's Report and Recommendation {''R&R"), filed on October 18, 2019, the parties were advised of their right to file written objections to the findings and recommendations made by the Magistrate Judge within fourteen (14) days from the date of the mailing of the R&R to the objecting party. R&R at 15-16, EOF No. 56. No objections were filed. The court ADOPTS AND APPROVES IN FULL the findings and recommendations set forth in the Magistrate Judge's thorough and well-reasoned R&R, Accordingly, the EOF No. 56, Plaintiff, filed Brunelle's on October Motion to 18, 2019. Reopen the Case, to Enforce the Settlement Agreement, and for Attorneys' Fees and Costs, ECF No. 47, is DENIED IN PART as to enforcement of any settlement agreement, GRANTED IN PART as to reopening the case, and DENIED AS MOOT as to any request for fees and costs. The Clerk is DIRECTED to send a copy of this Order to counsel for all parties. IT IS SO ORDERED. JsL Rebecca Beach Smith Senior United States District Judge REBECCA BEACH SMITH SENIOR UNITED STATES DISTRICT JUDGE November ^ , 5 - 2019

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