BRZEG v. NATIONAL INDOOR RV CENTER, LLC

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
REBECCA BRZEG, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 1:24-cv-00491-TWP-CSW
)
NATIONAL INDOOR RV CENTER, LLC, 	)
)
Defendant. 	)
ORDER ADOPTING REPORT AND RECOMMENDATION
AND DENYING MOTION TO ENFORCE SETTLEMENT AGREEMENT
This matter is before the Court on Plaintiff Rebecca Brzeg's ("Brzeg") Motion to Enforce
Settlement Agreement (Filing No. 62) and the Magistrate Judge's Report and Recommendation
(Filing No. 104). On August 28, 2025 the Court referred Plaintiff's Motion to the Magistrate Judge
and on October 14, 2025, the Magistrate Judge recommended that Plaintiff Rebecca Brzeg's
Motion to Enforce Settlement and Settlement Agreement be denied. For the reasons explained in
this Order, the Court adopts the Report and Recommendation and denies the Motion to enforce
the settlement agreement.
I. DISCUSSION
The Magistrate Judge submitted her Report and Recommendation ("Report") on October
14, 2025 (Filing No. 104). The parties were afforded due opportunity pursuant to Federal Rule of
Civil Procedure 72(b)(2), and the rules of this Court to file objections. Brzeg timely filed her
objection (Filing No. 125). Defendant National Indoor RV Center, LLC ("NIRVC") did not file
any objection.
Brzeg does not object to the Report's findings that NIRVC's counsel lacked settlement
authority but does object to the finding that a different settlement agreement was proffered by
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Plaintiff to Defendant as a counteroffer (Filing No. 125 at 1). Brzeg's counsel reaffirms that Brzeg
made no counteroffer because the parties agreed to the material terms of the settlement agreement,
including the final material monetary term, on August 5, 2025. Id. Counsel clarifies that the
agreement sent to NIRVC's counsel, Morgan Klutho ("Klutho"), on August 7, 2025, was the Court
Settlement Agreement that Klutho verbally represented would be used to memorialize settlement
rather than Plaintiff's proposed new terms in a counteroffer. Id. at 3.
Klutho's August 5, 2025 email solicits requested changes in order "to get this one finalized"
(Filing No. 62-3). Brzeg's counsel sent proposed changes on August 7, 2025 (Filing No. 62-4)
which were never accepted by NIRVC or its counsel. The Magistrate Judge concluded correctly
that Brzeg's revisions to the payment provisions–the timing of payment and the allocation of the
amount–were, in fact, changes to the material terms of the agreement. Notwithstanding Brzeg's
clarification of the record, the Magistrate Judge correctly concluded that "[e]ven if the evidence
proved they had been so authorized, the dueling draft agreements negate an enforceable
settlement." (Filing No. 104 at 11). Brzeg's clarification is noted, but her objection is overruled.
Regardless, Brzeg does not object to the Report's finding that NIRVC's attorneys did not
have authority to settle the case on Defendant's behalf, so the result remains the same—Plaintiff's
Motion to Enforce Settlement Agreement is denied.
II. CONCLUSION
The Court, having considered the Magistrate Judge’s Report and Recommendation and
Brzeg's objection, hereby ADOPTS the Magistrate Judge’s Report and Recommendation (Filing
No. 104) in its entirety. Brzeg's Motion to Enforce Settlement Agreement (Filing No. 62) is
DENIED.
SO ORDERED.
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Date: 	10/29/2025
Distribution:
Tonya J. Bond
Plews Shadley Racher Braun LLP
tbond@psrb.com
Morgan Klutho
Gordon Ress Scully Mansukhani
mklutho@grsm.com
Shannon L. Melton
Wilson Melton, LLC
smelton@wilsonmelton.com
Kelly V. Milam
Gordon Rees Scully Mansukhani, LLP
kmilam@grsm.com
Kyle D. Steinbrueck
PLEWS SHADLEY RACHER & BRAUN LLP
ksteinbrueck@psrb.com
Bradley L. Wilson
Wilson Melton, LLC
bwilson@wilsonmelton.com
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