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CONWAY v. BROOKLYN UNION GAS COMPANY

United States District Court, Eastern District of New York


November 7, 2002

KATRINA CONWAY, PLAINTIFF
V.
BROOKLYN UNION GAS COMPANY, DEFENDANT.

The opinion of the court was delivered by: Nina Gershon, United States District Judge:

ORDER

I have reviewed Magistrate Judge Levy's Report and Recommendation of August 20, 2002, and the defendant's partial objection to it. The Report exhaustively sets forth the undisputed factual bases for its conclusions and comprehensively analyzes the applicable law. In his characteristically thoughtful fashion, Judge Levy recommends that the defendant's motion to enforce the terms of an oral settlement be granted but that defendant's further application for an injunction against the filing of further lawsuits against it and for attorney's fees be denied. The Report and Recommendation is adopted in its entirety. The oral settlement, the terms of which are described by Judge Levy, is held to be in effect and enforceable.

The court understands the defendant's frustration regarding plaintiffs conduct. Although an injunction is not issued, as Judge Levy indicated, other sanctions, including those under Rule 11 of the Federal Rules of Civil Procedure are available, if plaintiff files unfounded lawsuits.

This case is now terminated.

20021107

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