Newton v. Creditors Specialty Service, Inc.

Filing 42

ORDER - The Court FINDS that the settlement is voided and this case must proceed. IT IS HEREBY ORDERED that Plaintiff's Motion to Reinstate Plaintiff's Motion for Summary Judgment (ECF NO. 33 ) is GRANTED. Plaintiff's Motion for Summary Judgment (ECF. NO. 25 ) is reinstated and ready for decision.IT IS FURTHER ORDERED that Defendant is entitled to an offset of $4,950.00 against any amount ordered by the Court or otherwise obtained through further litigation of this matter. Signed by Magistrate Judge Cam Ferenbach on 8/1/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DENISE NEWTON,
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Plaintiff,
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vs.
CREDITORS SPECIALTY SERVICE, INC.,

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2:13-cv-01721-MMD-VCF
MINUTE ORDER

Defendant.

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Before the court is Plaintiff’s Motion to Reinstate Plaintiff’s Motion for Summary Judgment (ECF

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NO. 33). No opposition was filed. Hearings were held on June 16, 2016 and August 1, 2016 (ECF NOs.

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38 & 40) Plaintiff seeks to enforce the confidential settlement agreement, to which the parties agreed

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during a settlement conference held in this case on September 11, 2015 (ECF. NO. 31). The court finds

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that Defendant has failed to make timely payments pursuant to the settlement agreement. Defendant has

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been given significantly more opportunity to cure these failures than required by the agreement but has

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remained in breach.

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Therefore, the Court FINDS that the settlement is voided and this case must proceed.

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Reinstate Plaintiff’s Motion for Summary

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Judgment (ECF NO. 33) is GRANTED. Plaintiff’s Motion for Summary Judgment (ECF. NO. 25), which

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is fully briefed (ECF. Nos. 27 & 28), is reinstated and ready for decision.

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IT IS FURTHER ORDERED that Defendant is entitled to an offset of $4,950.00 against any
amount ordered by the Court or otherwise obtained through further litigation of this matter.
DATED this 1st day of August, 2016.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE