Prison Legal News v. Management and Training Corporation et al

Filing 58

ORDER OF DISMISSAL by District Judge Kenneth J. Gonzales. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
PRISON LEGAL NEWS, a project of
the HUMAN RIGHTS DEFENSE CENTER,

Plaintiff,
v.

CIV 16-1174 KG/GBW

MANAGEMENT & TRAINING CORPORATION,
a Utah Corporation; RICK MARTINEZ, individually
and in his official capacity; DOES 1-10, individually
and in their official capacities,
Defendants.
AGREED ORDER OF DISMISSAL
The parties hereby agree that this case has been settled and that all issues and
controversies have been resolved to their mutual satisfaction. The parties request the Court to
retain jurisdiction to enforce the terms of their settlement agreement under the authority of
Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375, 381-82 (1994):

IT IS HEREBY ORDERED:
1. The Court shall retain jurisdiction for the purpose of enforcing the terms of the
settlement agreement entered into on July 28, 2017 (“Settlement Agreement”), a copy
of which is incorporated by reference as if fully set forth herein, as authorized by
law. This agreement resolves the dispute that is the subject of this case between the
parties with respect to the MTC facilities in New Mexico and similar disputes in Ohio
and nationwide. Any breach of the Settlement Agreement at any of these facilities,
including but not limited to the North Central Correctional Facility (NCCC) which is
the subject of Human Rights Defense Center v. Management & Training

Corporation, et al., USDC, ND OH, Case No. 3:17-cv-1082, shall only be addressed
in this Court under this caption and not in any other Court.
2. Except as provided for in paragraph 1 above, this case is dismissed, with prejudice.

WHEREFORE, having fully read and considered the provisions set forth in the
Settlement Agreement, the Plaintiff and Defendants having stipulated and agreed to the above
terms and conditions therein, and the approval of the same.
IT IS SO ORDERED.

________________________________
UNITED STATES DISTRICT JUDGE
Stipulated and Agreed to:

Sabarish P. Neelakanta
/s/Sabarish P. Neelakanta
Counsel for Plaintiff

Christina Muscarella Gooch
/s/Christina Muscarella Gooch
Counsel for Defendants

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