Mitchell, Jr. v. Department of Corrections et al

Filing 97

ORDER denying 95 Motion for Hearing; ORDER denying 96 Motion; Within 14 days of the issuance of this order, Defendants shall file a motion. Signed by Magistrate Judge Nancy J. Koppe on 11/16/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DONALD E. MITCHELL, JR.,

Case No.: 2:16-cv-00037-RFB-NJK

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Plaintiff(s),

Order

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v.

[Docket Nos. 95, 96]

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NEVADA DEPARTMENT OF
CORRECTIONS, et al.,
Defendant(s).
Pending before the Court is Plaintiff’s filing seeking relief from the settlement reached by

17 the parties.

Docket No. 95.

Also pending before the Court is Defendants’ motion for

18 “clarification” of the terms reached in the settlement conference. Docket No. 96. Disputes
19 regarding settlements are generally resolved through the filing of a motion to enforce the
20 settlement. See, e.g., Pavon v. UPS, 2013 WL 3367567 (D. Nev. July 5, 2013). The parties’
21 dispute here is more properly resolved through the filing of a motion to enforce settlement.
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Accordingly, both pending motions are DENIED without prejudice. Within 14 days of

23 the issuance of this order, Defendants shall file a motion to enforce settlement addressing the
24 applicable standards. That motion will be briefed and decided in the ordinary course.
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IT IS SO ORDERED.

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Dated: November 16, 2018

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______________________________
Nancy J. Koppe
United States Magistrate Judge

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