Riker et al v. Gibbons et al

Filing 197

ORDERED that inmate Richard Iden's Motion for Notice of Violation of Settlement Agreement (ECF No. 193 ) and Motion for Clarification (ECF Nos. 195 ) are DENIED. IT IS FURTHER ORDERED that inmate Richard Iden SHALL FILE NO FURTHER DOCUMENTS in this closed action. Signed by Judge Larry R. Hicks on 1/19/2021. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:08-cv-00115-LRH-CLB Document 197 Filed 01/19/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DAVID RIKER, et al.,

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Case No. 3:08-cv-00115-LRH-CLB
Plaintiffs,

v.

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ORDER

JAMES GIBBONS, et al.,

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Defendants.

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Richard Iden, an inmate at Ely State Prison, identifies himself as a “real party in interest”

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to this closed § 1983 civil rights class action. Currently before the Court are Iden’s Motion for

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Notice of Violation of Settlement Agreement (ECF No. 193) and Motion for Clarification (ECF

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No. 195). Defendants oppose the motions. (ECF Nos. 194, 196.) Iden did not file replies, and the

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deadline to do so expired without a request for extension.

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The underlying action addressed plaintiffs’ allegations that Ely State Prison lacked a

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constitutionally adequate health care system. Plaintiffs were represented by class counsel. On

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October 25, 2010, the Court held a fairness hearing regarding a proposed settlement agreement.

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(ECF No. 172.) The Court entered an order on October 28, 2010, approving the settlement

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agreement as fair, reasonable, and adequate, under Rule 23(e) of the Federal Rules of Civil

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Procedure, and dismissing this case with prejudice. (ECF No. 174.) Judgment was entered on

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October 28, 2010. (ECF No. 175.)

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Iden’s motions claim that defendants and their successors are not timely filling his “KOP”

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medications on a monthly basis. 1 He asserts that defendants’ inaction violates the terms of the

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settlement agreement in this case and he, therefore, asks the Court to enforce the agreement.

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The court-approved settlement agreement states as follows:

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Subsequent to the dismissal of the Riker litigation with prejudice, the parties’ sole
remedy to enforce or interpret this agreement, or to otherwise resolve any disputes

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Defendants represent that “KOP” is a correctional acronym for “keep on person.” (ECF No. 194 at 2 n.5.)

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Case 3:08-cv-00115-LRH-CLB Document 197 Filed 01/19/21 Page 2 of 2

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that may arise from this agreement, other than by pursuing the dispute-resolution
process set forth in Section V(M) of this agreement, shall lie in an action for breach
of contract seeking specific performance only (and expressly not money damages),
commenced in a Nevada state court applying Nevada law, and not reinstatement of
the Riker litigation in any court for any purpose.
(ECF No. 144-2, at 4, Part I(C), ¶ 6) (capitalization altered). As such, the motions are denied.

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IT IS THEREFORE ORDERED that inmate Richard Iden’s Motion for Notice of

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Violation of Settlement Agreement (ECF No. 193) and Motion for Clarification (ECF No. 195)

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are DENIED.

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IT IS FURTHER ORDERED that inmate Richard Iden SHALL FILE NO FURTHER
DOCUMENTS in this closed action.
DATED this 15th day of January, 2021.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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