United States District Court, S.D. New York
December 7, 2004.
TRACY UTSEY, Plaintiff,
AMERICAN BIBLE SOCIETY, et al., Defendants.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Defendants American Bible Society and Thomas Durakis move to
enforce a settlement agreement allegedly entered into on the
record before Magistrate Judge Katz on March 10, 2004.
The factors pertinent to this determination are set out in
Ciaramella v. Reader's Digest Association, Inc., 131 F.3d 320,
323 (2d Cir. 1997). Having reviewed the transcript of the March
10, 2004 conference and the other materials relied upon, the
Court is not persuaded that the plaintiff intended to be bound by
the agreement in principle reached at the conference unless and
until the draft settlement agreement was reviewed on her behalf
by a lawyer and signed by the parties.
Accordingly, the motion is denied.
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