Joe Hand Promotions Incorporated v. RPRGA Properties LLC et al
Filing
14
ORDER that the Motion to Enforce 13 is DENIED. IT IS FURTHER ORDERED within ten days of this order plaintiff shall serve a copy of this order on defendants and file proof of service on the docket. IT IS FURTHER ORDERED defendants must respond to th e complaint within ten days of receiving this order. IT IS FURTHER ORDERED if defendants do not respond to the complaint, within five days of defendants' deadline to respond expiring, plaintiff shall apply for entry of defaults. Plaintiff shall file a motion for default judgment within ten days of the entry of defaults. See document for complete details. Signed by Judge Krissa M Lanham on 1/27/2025. (KLG)
1
WO
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
Joe Hand Promotions Incorporated,
10
Plaintiff,
11
v.
12
RPRGA Properties LLC, et al.,
13
No. CV-24-01039-PHX-KML
ORDER
Defendants.
14
15
Plaintiff Joe Hand Promotions, Inc., requests the court enforce an alleged settlement
16
agreement between it and defendants RPRGA Properties LLC and Guadalupe M. Galvaiz.
17
“It is well settled that a district court has the equitable power to enforce summarily an
18
agreement to settle a case pending before it.” Callie v. Near, 829 F.2d 888, 890 (9th Cir.
19
1987). But a “court may enforce only complete settlement agreements.” Id.
20
“[S]tate contract law governs whether [parties] reached an enforceable agreement
21
settling” federal claims. Wilcox v. Arpaio, 753 F.3d 872, 876 (9th Cir. 2014). Under
22
Arizona law, an enforceable contract requires “an offer, an acceptance, consideration, and
23
sufficient specification of terms so that obligations involved can be ascertained.” Contempo
24
Const. Co. v. Mountain States Tel. & Tel. Co., 736 P.2d 13, 15 (Ariz. Ct. App. 1987). Based
25
on the evidence plaintiff provided, the parties agreed to settle their dispute for $6,000, but
26
plaintiff provided no evidence of any other terms the parties agreed upon. The emails
27
attached to plaintiff’s motion establish defendants offered $6,000 “to settle this matter” and
28
plaintiff was “willing to accept a lump sum of $6,000 paid in 10 days.” (Doc. 13-1 at 2.)
1
The email from plaintiff’s counsel, however, also states counsel would “provide
2
[defendants] a proposed settlement agreement for [their] review.” (Doc. 13-1 at 2.)
3
The reference to a “settlement agreement” indicates the parties anticipated
4
additional terms beyond merely the payment of $6,000. Those terms likely were material
5
as it would be unusual for defendants to agree to pay $6,000 without an assurance that
6
plaintiff was releasing its claims. At the very least, the present motion to enforce the
7
settlement agreement does not establish the parties “mutually consent[ed] to all material
8
terms.” Hill-Shafer P’ship v. Chilson Fam. Tr., 799 P.2d 810, 814 (Ariz. 1990). Therefore,
9
there is no settlement agreement for the court to enforce. Cf. Nesbitt v. City of Bullhead
10
City, No. CV-18-08354-PCT-DJH, 2020 WL 6262396, at *4 (D. Ariz. Oct. 23, 2020)
11
(finding enforceable agreement because the evidence made “clear that the sum was not the
12
only point of agreement”).
13
The complaint was filed in May 2024, defendants were served that same month, yet
14
defendants have not appeared. Because of the confusion surrounding the attempted
15
settlement, defendants are given additional time to respond to the complaint. If defendants
16
do not respond to the complaint, plaintiff must seek entry of defaults and default judgment.
17
Plaintiff is required to personally serve a copy of this order on defendants.
18
Accordingly,
19
IT IS ORDERED the Motion to Enforce (Doc. 13) is DENIED.
20
IT IS FURTHER ORDERED within ten days of this order plaintiff shall serve a
21
copy of this order on defendants and file proof of service on the docket.
22
IT IS FURTHER ORDERED defendants must respond to the complaint within
23
ten days of receiving this order.
24
/
25
/
26
/
27
/
28
/
-2-
1
IT IS FURTHER ORDERED if defendants do not respond to the complaint,
2
within five days of defendants’ deadline to respond expiring, plaintiff shall apply for entry
3
of defaults. Plaintiff shall file a motion for default judgment within ten days of the entry of
4
defaults.
5
Dated this 27th day of January, 2025.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?