United States District Court, D. Nevada
FRANK M. PECK, Plaintiff,
NEVADA DEPARTMENT OF CORRECTIONS, et al., Defendants.
JAMES C. MAHAN, District Judge.
Presently before the court are the report and recommendation of Magistrate Judge Koppe (doc. # 39) regarding a motion to enforce settlement filed by defendants Renee Baker, Cheryl Burson, Brian Connett, James G. Cox, William Humphrey, E.K. McDaniel, and Tasheena Sandoval ("defendants") (doc. # 36). Pro se plaintiff Frank M. Peck filed objections (doc. # 40) to which defendants responded (doc. # 42). Plaintiff also filed a reply to defendants' response. (Doc. # 43).
Also before the court is plaintiff's motion for an evidentiary hearing. (Doc. # 41).
On January 4, 2013, plaintiff and defendants participated in a mediation conference. (Doc. # 26). After approximately three hours of arms-length negotiations, the parties orally agreed to a settlement. Id. Plaintiff agreed to dismiss his claims with prejudice, and in exchange defendants agreed to pay plaintiff one hundred dollars and to discharge a ten dollar and fifty cent balance owed by plaintiff to the Nevada Department of Corrections. Id.
Mediator J. Michael McGroarty advised plaintiff that the deputy attorney general would prepare a written settlement agreement to be signed by the parties, as well as a stipulation and order to dismiss the case. McGroarty further advised plaintiff that although a written agreement would be forthcoming, the settlement was binding at that moment and was therefore enforceable with plaintiff's consent.
After receiving the written settlement agreement and stipulation of dismissal, plaintiff refused to execute the documents. Defendants now seek to enforce the settlement that was agreed upon during the mediation conference. (Doc. # 36).
B. Report & recommendation and objections
Magistrate Koppe issued a report and recommendation finding that plaintiff repeatedly acknowledged, prior to orally giving consent, that he would be bound by the agreement, and recommending that defendants' motion to enforce settlement be granted. (Doc. #39).
Plaintiff's objections to the report allege that he was unethically befriended by Mediator McGroarty and misled by defendants. (Doc. # 40).
II. Legal standard
A party may file specific written objections to the findings and recommendations of a United States magistrate judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); LR IB 3-2. Upon the filing of such objections, the district court must make a de novo determination of those portions of the report to which objections are made. 28 U.S.C. § 636(b)(1)(C); LR IB 3-2(b). The district court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. Id.
However, the district court need not conduct a hearing to satisfy the statutory requirement that the district court make a "de novo determination." United States v. Raddatz, 447 U.S. 667, 674 (1980) (observing that there is "nothing in the legislative history of the statute to support the contention that the judge is required to rehear the contested ...