United States District Court, D. Nevada
KMI ZEOLITE, INC. et al., Plaintiff(s),
UNITED STATES DEPARTMENT OF THE INTERIOR, et al., Defendant(s).
before the court is defendant Nye County's motion to
enforce settlement. (ECF No. 153). Plaintiff ABC Recycling
Industries, Inc. (“ABC”) and Robert Ford
(collectively “plaintiffs”) have filed a response
(ECF No. 155), to which Nye County replied (ECF No. 156).
before the court is Magistrate Judge Nancy J. Koppe's
report and recommendation. (ECF No. 162). Plaintiffs have not
filed an objection and the time to do so has passed.
initiated this quiet title action against Nye County and
sixteen other defendants to determine the rightful owner of
three tracts of real property located in Nye County. (ECF No.
55). In December 2018, plaintiffs and Nye County entered into
a settlement agreement providing that ABC file a motion to
dismiss Nye County with prejudice upon the consummation of a
road right-of-way easement on the property. (ECF No. 153).
December 28, 2018, plaintiffs and Nye County recorded the
easement. Id. However, plaintiffs did not file a
motion to dismiss Nye County with prejudice. Now, Nye County
moves to enforce the settlement agreement. Id.
Magistrate Judge Koppe recommends granting Nye County's
motion. (ECF No. 162).
court “may accept, reject, or modify, in whole or in
part, the findings or recommendations made by the
magistrate.” 28 U.S.C. § 636(b)(1). Where a party
timely objects to a magistrate judge's report and
recommendation, then the court is required to “make a
de novo determination of those portions of the [report and
recommendation] to which objection is made.” 28 U.S.C.
party fails to object, however, the court is not required to
conduct “any review at all . . . of any issue that is
not the subject of an objection.” Thomas v.
Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit
has recognized that a district court is not required to
review a magistrate judge's report and recommendation
where no objections have been filed. See United States v.
Reyna-Tapia, 328 F.3d 1114 (9th Cir. 2003) (disregarding
the standard of review employed by the district court when
reviewing a report and recommendation to which no objections
have not objected to the report and recommendation.
Nevertheless, the court engages in a de novo review
to determine whether to adopt the magistrate judge's
courts have inherent authority to enforce settlement
agreements between parties in pending litigation. In re
City Equities Anaheim, Ltd., 22 F.3d 954, 957 (9th Cir.
1994). When interpreting and enforcing settlement agreements,
courts look to state law and corresponding principles.
Jones v. McDaniel, 717 F.3d 1062, 1067 (9th Cir.
2013). In Nevada, a settlement agreement is an enforceable
contract when there has been an offer and acceptance, meeting
of the minds, and consideration. May v. Anderson,
121 Nev. 668, 672 (Nev. 2005).
parties have executed a complete, written settlement
agreement and have agreed to exchange adequate consideration.
See (ECF No. 153). Therefore, the settlement
agreement is an enforceable contract.
longstanding policy is to interpret and enforce contracts
based on the written language, reading words in their usual
and ordinary meaning. Ellison, 993 P.2d at 1263;
Traffic Control Servs., Inc. v. United Rentals Nw.,
Inc., 87 P.3d 1054, 1059 (Nev. 2004). Section five of
the agreement provides:
Upon the consummation of the road right-of-way easement
described herein, ABC shall immediately dismiss with
prejudice all claims and counter claims asserted in the
Consolidated Cases regarding consolidated case
2:15-cv-46-JCM-PAL (Quiet Title Suit) against COUNTY, with
each of the Parties to bear its own ...