Carton et al v. B&B Equities Group, LLC et al

Filing 316

ORDER that 303 Defendant Aviva's Motion for Determination of Good Faith Settlement is GRANTED. Signed by Judge Robert C. Jones on 1/6/15. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:11-cv-00746-RCJ-PAL Document 314 Filed 12/31/14 Page 4 of 5

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Marek P. Bute, Esq.
Nevada Bar No. 9989
SNELL & WILMER L.L.P.
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Jeffrey M. Grantham (Pro Hac Vice)
D. Andrew Kitchen (Pro Hac Vice)
J. Ethan McDaniel (Pro Hac Vice)
MAYNARD COOPER & GALE, P.C.
1901 Sixth Avenie North, Suite 2400
Birmingham, AL 35203
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant Aviva
Life and Annuity Company

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EDWIN B. CARTON, et al.,,

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Plaintiff,

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CASE NO.: 2:11-CV-0746-RCJ-PAL

vs.

ORDER

B & B EQUITIES GROUP, LLC, et al.,,

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(Mot. Good Faith Sett. – Dkt. No. 303)

Defendant.

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Before the Court is Defendant Aviva Life and Annuity Company’s (“Aviva”) Motion for

25 Determination of Good Faith Settlement (Dkt. No. 303), filed July 24, 2014. The motion was served
26 on all of parties remaining in the case. Plaintiffs filed a Response in support of the motion (Dkt. No.
27 308), and the deadline for filing an opposition has expired. On December 18, 2014, the Court held a
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02841641.1

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Case 2:11-cv-00746-RCJ-PAL Document 314 Filed 12/31/14 Page 5 of 5

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hearing on the motion. Wesley Smith, Esq. appeared on behalf of the Plaintiffs, and Marek P. Bute,

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Esq. appeared on behalf of Aviva. For the reasons set forth herein, this Court finds that the motion

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should be granted.

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No party has objected to the motion for determination of good faith settlement, and Plaintiffs

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have responded in support of the motion. The Court has reviewed the confidential settlement

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agreement and release in camera. The confidential settlement agreement and release contains

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standard terms and conditions of agreements of this nature. Aviva denies any liability and asserts it

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has good faith defenses, but wishes to avoid litigation expenses. The settlement agreement and

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release specifically represents that the agreement constitutes the entire agreement of the parties and

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that there are no additional agreements and the confidential settlement amount is fair and reasonable.

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Nothing in the Court’s review of the settlement agreement indicates that it was entered into for any

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improper purpose or to tortuously injure the interests of non-settling parties. Based on the foregoing,

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the Court finds as follows:

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IT IS ORDERED that:

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1.

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The Motion for Determination of Good Faith Settlement (Dkt. No. 303) filed by

Defendant Aviva is GRANTED.
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The Court’s determination that the settlement is entered into in good faith affords the

settling parties the protections and rights of Nev.Rev.Stat. § 17.245.

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Dated this ____ dayof January, 2015.
Dated this 6th day of _______, 201__.

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________________________________
Honorable Robert C. Jones
United States District Judge

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02841641.1

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