Hughes v. Las Vegas Metropolitan Police Department et al

Filing 43

ORDER Denying 42 Motion to Reopen Case. Signed by Judge Kent J. Dawson on 09/04/2012. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL RAY HUGHES,

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Plaintiff,

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v.

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Case No. 2:09-CV-02381-KJD-LRL

LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,

ORDER

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Defendants.
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Before the Court is Plaintiffs Motion to Reopen Case (#42).
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Plaintiff is a prisoner in Nevada Department of Corrections custody. On September 27, 2010,
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the Court issued an Order (#27) dismissing Plaintiff’s action. Plaintiff appealed the dismissal to the
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Ninth Circuit. Plaintiff and Defendants reached a settlement before the Ninth Circuit heard the
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appeal, and the Ninth Circuit dismissed the appeal on September 16, 2011 (#38).
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Although it is not on the docket of this Court, Plaintiff appears to have filed a motion to
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reinstate the appeal and enforce the settlement agreement before the Ninth Circuit. On July 8, 2012,
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the Ninth Circuit issued an order denying the motion “without prejudice to filing an appropriate civil
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action in the district court.”
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Because this case is closed and because the settlement was reach while the issue was pending

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on appeal, the Court does not have jurisdiction to enforce the settlement agreement. See Kiefer v.

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Lithia Motors, Inc., 280 Fed.Appx. 606, 607 (9th Cir. 2008) (district court lacked jurisdiction

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because it did not retain it in order of dismissal or incorporate terms into order of dismissal) (quoting

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Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994). Plaintiff’s remedy is to file

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a new action to enforce the settlement agreement as directed by the Ninth Circuit.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion to Reopen Case (#42) is
DENIED.
DATED this 4th day of September 2012.

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_____________________________
Kent J. Dawson
United States District Judge

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