Kevin Fernandez Vs. State of Nevada, et al.

Filing 660

ORDER. IT IS ORDERED that the Magistrate Judge's Report and Recommendation 610 entered on 03/01/2012, is adopted and accepted, and Defendants' Motion to Enforce Settlement 577 is GRANTED. IT IS FURTHER ORDERED that Plaintiff's Motion to Compel Enforcement of the Settlement Agreement 564 is DENIED. IT IS SO ORDERED. Signed by Judge Larry R. Hicks on 8/10/2012. (Copies have been distributed pursuant to the NEF - MLC)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 ***** 9 10 11 12 13 KEVIN FERNANDEZ, ) ) Plaintiff, ) ) v. ) ) STATE OF NEVADA, et al., ) ) Defendants. ) _____________________________________ ) 3:06-cv-00628-LRH-WGC O RDER 14 15 Before this Court is the Report and Recommendation of U.S. Magistrate Judge William G. 16 Cobb (#6101 ) entered on March 1, 2012, recommending granting Defendants’ Motion to Enforce 17 Settlement (#577) filed on November 10, 2012, and denying Plaintiff's Motion to Compel 18 Enforcement of the Settlement Agreement (#564) filed on November 22, 2011. Plaintiff filed his 19 Objection to Magistrate ‘s Report and Recommendation (#625) on March 26, 2012, and Defendants 20 filed their Response to Plaintiff's Objection to Magistrate’s Report and Recommendation on April 4, 21 2012 (#634). 22 Magistrate’s Report and Recommendation and Motion for Review of Order (#637) on April 12, 2012. 23 This matter was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 1B 24 1-4 of the Rules of Practice of the United States District Court for the District of Nevada. Plaintiff then filed his Reply to Defendants’ Response to Plaintiff’s Objections to 25 26 1 Refers to court’s docket number. 1 The Court has conducted its de novo review in this case, has fully considered the objections of 2 the Plaintiff, the response of the Defendants, the Reply of Plaintiff, the pleadings and memoranda of 3 the parties and other relevant matters of record pursuant to 28 U.S.C. § 636 (b) (1) (B) and Local Rule 4 IB 3-2. The Court determines that the Magistrate Judge’s Report and Recommendation (#610) entered 5 on March 1, 2012, should be adopted and accepted. 6 IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation 7 (#610) entered on March 1, 2012, is adopted and accepted, and Defendants’ Motion to Enforce 8 Settlement (#577) is GRANTED. 9 IT IS FURTHER ORDERED that Plaintiff's Motion to Compel Enforcement of the Settlement 10 Agreement (#564) is DENIED. 11 IT IS SO ORDERED. 12 DATED this 10th day of August, 2012. 13 14 15 16 _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 2

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