Bresselsmith v. Stubbs

Filing 27

ORDER denying 25 Plaintiff's Motion to Compel Defendant to Execute and Fulfill Settlement Agreement Contract. Signed by Magistrate Judge William G. Cobb on 5/3/2017. (Copies have been distributed pursuant to the NEF - HJ)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

DAVID M. BRESSELSMITH,

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)
Plaintiff,
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vs.
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C/O STUBBS, JOHN DOE,
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Defendants.
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________________________________________)

3:16-cv-00102-RCJ-WGC
MINUTES OF THE COURT
May 3, 2017

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KATIE LYNN OGDEN REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Plaintiff’s Motion to Compel Defendants to Execute and Fulfill
Settlement Agreement Contract (ECF No. 25). Plaintiff states the case settled on March 8, 2017, in
the amount of $50.00 but claims the money had not been deposited into his Trust 2 account as of
April 7, 2017. In Defendant’s response (ECF No. 26), Defendant states that Plaintiff understood
it could take up to thirty (30) days from the Stipulation and Order of Dismissal was filed to receive
the funds. Defendant represents the funds were deposited into Plaintiff's Trust 2 account on
April 26, 2017. (ECF No. 26, Exh. B.)
The Stipulation for Dismissal was filed on March 15, 2017 (ECF No. 23), and the Order of
Dismissal was filed on April 5, 2017 (ECF No. 24).
Inasmuch as it appears Defendant has complied with the terms of the parties’ settlement
agreement, Plaintiff’s Motion to Compel Defendants to Execute and Fulfill Settlement Agreement
Contract (ECF No. 25) is DENIED as moot.
IT IS SO ORDERED.
DEBRA K. KEMPI, CLERK
By:
/s/
Deputy Clerk