United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 March 26, 2007 Before Hon. JOEL M. FLAUM, Circuit Judge Hon. MICHAEL S. KANNE, Circuit Judge Hon. DIANE S. SYKES, Circuit Judge No. 05-4034 JOSEPH BAPTIST, Appeal from the United States RICHARD BROOKS, PRICE District Court for the DUMAS, WILLIE HUNT, and Central District of Illinois.

LAMONT UPTON, Plaintiffs-Appellants, No. 03 C 2115 v. CITY OF KANKAKEE and Michael P. McCuskey, MIKE KINKADE, Judge.

Defendants-Appellees.

ORDER The opinion issued March 19, 2007, is amended as follows: Remove the following sentence and citation from the slip opinion, p. 8: “The enforceability of a Title VII settlement is a question of federal law, under which an oral settlement constitutes a binding contract if there was an offer, an acceptance, and consideration. Taylor, 793 F.2d at 862.”

Substitute the following sentence in its place: “Whether a Title VII settlement was knowing and voluntary is a question of federal law, Pierce, 65 F.3d at 571, but the question of whether the parties entered into an enforceable oral settlement agreement is governed by state law, and oral settlement agreements are No. 05-4034 Page 2 enforceable contracts under Illinois law. Lynch, Inc. v. SamataMason Inc., 279 F.3d 487, 490 (7th Cir. 2002).”

Add the following parenthetical on p. 9, immediately following the citation to Wagner v. NutraSweet Co., 95 F.3d 527, 532 (7th Cir. 1996): “(Illinois law).”