Palumbo et al v. United States of America
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|Date Filed||#||Document Text|
|July 17, 2013
ORDER DECLINING TO ADOPT THE MAGISTRATE JUDGE'S MAY 31, 2013 FINDINGS AND RECOMMENDATION (ECF No. 66 ) AND DENYING THE MOTION FOR FINDING OF GOOD FAITH SETTLEMENT (ECF No. 48 ) WITHOUT PREJUDICE (20 in 1:12-cv-00411-HG-BMK, 66 in 1:12-cv-00206-HG-BMK). Signed by JUDGE HELEN GILLMOR on 7/17/2013. ~ The Court, upon review of the totality of the circumstances, finds that the Government has carried its burden in objecting to the finding of a good faith sett lement between Plaintiffs and the Nicholas Palumbo Estate. The Court DECLINES TO ADOPT the Magistrate Judge's May 31, 2013 Findings and Recommendation to Grant the Motion for Finding of Good Faith Settlement (Doc. 66. The Motion for Finding of Good Faith Settlement (Doc. 48), and Plaintiffs' Joinder in the Motion (Doc. 51 ), is DENIED WITHOUT PREJUDICE. The Parties may file a Second Motion for Finding of Good Faith Settlement once discovery regarding the assets of the Nicho las Palumbo's Estate is completed or some other factor arises that impacts the analysis for determining whether a settlement was made in good faith. Associated Cases: 1:12-cv-00206-HG-BMK, 1:12-cv-00411-HG-BMK(ecs, ) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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