United States District Court, Eastern District of New York
November 7, 2002
KATRINA CONWAY, PLAINTIFF
BROOKLYN UNION GAS COMPANY, DEFENDANT.
The opinion of the court was delivered by: Nina Gershon, United States District Judge:
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.
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