United States District Court, D. Nevada
SIE ERVINE, as an individual and as Executor of the Estate of CHARLENE ELAINE ERVINE, deceased; and DOES I-X individuals Plaintiffs,
DESERT VIEW REGIONAL MEDICAL CENTER HOLDINGS, LLC, a domestic corporation; GEORGES TANNOURY, M.D. a domestic corporation; SPECIALTY MEDICAL CENTER, a business entity; DOCTOR GEORGES TANNOURY, AN INDIVIDUAL; KERRY MALIN, an individual; KERRY MALIN, a Physician Assistant; and, ROES I-X Defendants.
K. STRYKER, ESQ., WILSON, ELSER, MOSKOWITZ, EDELMAN &
DICKER LLP., Attorneys for Defendant DESERT VIEW REGIONAL
MEDICAL CENTER HOLDINGS, LLC
N. Hirata, Esq., Dale H. Boam, Attorney for Plaintiff.
BRISBOIS BISGAARD & SMITH LLP, S. Brent Vogel, Esq., Erin
E. Jordan, Esq., Attorneys for Defendants Georges Tannoury,
MD; Speciality Medical Center; Doctor Georges Tannoury; Karry
Malin and Kerry Malin, PA.
STIPULATION AND ORDER REGARDING GOOD FAITH
HEREBY STIPULATED, by PLAINTIFF SIE ERVINE, as an individual
and as Executor of the Estate of CHARLENE ELAINE ERVINE,
deceased through their attorneys of record, Dale H. Boam,
Esq., of the law firm Dale H. Boam PC and/or Norman N.
Hirata, Esq., DEFENDANT DESERT VIEW REGIONAL MEDICAL CENTER
HOLDINGS, LLC (“Desert View”) through its
attorney Eric Stryker, Esq. of Wilson, Elser, Moskowitz,
Edelman & Dicker, LLP, and DEFENDANTS GEORGES TANNOURY,
M.D. a domestic corporation and GEORGES TANNOURY, M.D.,
individually through their counsel Erin Jordan, Esq., of the
law firm Lewis, Brisbois, Brisgaard & Smith, LLP that
each and every claim arising out of this matter against
Defendant Desert View both stated and unstated, including any
present or potential claim, counterclaim, cross-claim and/or
third-party claim, be dismissed with prejudice, each party to
bear their own costs and attorney's fees.
HEREBY FURTHER STIPULATED by the above parties that Defendant
Desert View's confidential settlement agreement dated and
Dated: 12/13/2016 with Plaintiffs was entered into in good
faith pursuant to NRS §17.245. All the terms and
conditions of the 12/13/2016 settlement agreement are hereby
incorporated into this STIPULATION and ORDER.
and Defendant Desert View engaged in arm's length
negotiations and reached a confidential settlement agreement
at a formal mediation attended by all parties. All parties
have been made aware of the confidential settlement amount,
and Defendant Desert View will provide the Court with the
settlement amount for in camera review so that it can confirm
that the settlement amount was indeed in good faith as the
parties have stipulated.
Nevada Supreme Court has interpreted the requirement of
‘good faith' under NRS §17.245 and found
several factors persuasive in such a determination: (1) the
amount paid in settlement; (2) the allocation of settlement
proceeds among plaintiffs; (3) the insurance policy limits of
the settling defendant; (4) the financial condition of the
settling defendant; and (5) the existence of collusion, fraud
or tortuous conduct aimed to injure the interests of the
non-settling defendants. Velsicol Chem. Corp. v.
Davidson, 107 Nev. 356, 361-362, 811 P.2d 561, 563
parties stipulate that all the factors in Velsicol have been
met in Defendant Desert View's confidential settlement
agreement with Plaintiffs. The parties stipulate that Desert
View's settlement amount is reasonable in light of its
proportional alleged potential liability.
parties stipulate that Desert View did not engage in any
collusion, fraud, or tortuous conduct aimed to injure
DEFENDANTS GEORGES TANNOURY, M.D. a domestic corporation and
DOCTOR GEORGES TANNOURY, individually, and said Defendants
have agreed that the settlement is in good faith.
the parties stipulate that Desert View's confidential
settlement with Plaintiffs was entered into in good faith
pursuant to NRS §17.245, and jointly request an order
confirming same to allow consummation of Desert View's
settlement with Plaintiffs.
HEREBY ORDERED, pursuant to the Stipulation of the parties
hereto, that each and every cause of action against Defendant
Desert View arising out of this litigation, including any
present or potential claim, counterclaim, cross-claim and
third-party claim of the parties herein, are dismissed with
prejudice, each party to bear their own costs and
FURTHER ORDERED that the confidential settlement agreement
entered into by and between Plaintiffs and Defendant Desert
View, has been entered into in good faith, in contemplation
of NRS §17, 245, and that this Stipulation and Order for
Dismissal may be used as an affirmative defense to any and
all claims and ...