Cook v. Costco Wholesale Corporation

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
KYRA M. COOK,
Plaintiff,
VS.
COSTCO WHOLESALE
CORPORATION, ET AL,
Defendants.
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)
)
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) CIVIL ACTION NO.
)
) 3:23-CV-1502-G-BW
)
)
)
ORDER ADOPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a
recommendation (“FCR”) in this case. See docket entry 76. The District Judge has
made a de novo review of those portions of the FCR to which objections were made
and has reviewed all other portions of the FCR for plain error. The objections are
overruled, and the court finds no plain error with respect to the remainder of the
FCR. The court ACCEPTS the Findings, Conclusions, and Recommendation of the
United States Magistrate Judge and GRANTS the defendant Costco Wholesale
Corporation (“Costco”)’s second motion to enforce settlement (docket entry 60).
It is ORDERED that:
1. Within three business days of this order, Costco shall present to the
Clerk of Court a check from the defendant in the amount of $17,400.00, which are
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settlement funds in this civil action, and file notice of same. The court DIRECTS
that the Clerk of Court is authorized to accept and deposit the settlement funds the
into the registry of the court pending the consummation of the settlement agreement
or other resolution of this matter.
2. Within 60 days of this order, the plaintiff Kyra M. Cook (“Cook”) shall
sign and tender to Costco an unaltered copy of the Full and Final Release and
Confidentiality Agreement (“Release”) filed with the FCR. See docket entry 76-1.
3. Promptly upon receipt of the signed Release, Costco shall file notice of
receipt of same, at which time the court will authorize disbursement of the settlement
funds to Cook. If after 60 days Cook has not tendered a signed Release, the court
will consider Cook to have forfeited the settlement funds, at which time Costco may
request return of the settlement funds, and this matter will be closed.
SO ORDERED.
January 12, 2026.
___________________________________
A. JOE FISH
Senior United States District Judge
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