Reginald C. Howard VS Gary C. Hill, No. 3:2003cv00493 - Document 131 (D. Nev. 2009)
Court Description: ORDER denying 128 Motion for relief from final judgment. Signed by Judge Howard D. McKibben on 05/14/09. (Copies have been distributed pursuant to the NEF - LG)
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Reginald C. Howard VS Gary C. Hill Doc. 131 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 REGINALD C. HOWARD, 12 Plaintiff, 13 vs. 14 GARY HILL, et al., 15 Defendants. ) ) ) ) ) ) ) ) ) / 3: 03-cv-0493-HDM-RAM ORDER 16 17 18 Plaintiff, an inmate at High Desert State Prison, is proceeding pro se in this civil 19 20 rights action pursuant to 42 U.S.C. Section 1983. Pending before the court is plaintiff’s motion for 21 relief from judgment filed May 6, 2009 (Docket #128). Defendants oppose the motion (Docket 22 #130). 23 The parties engaged in settlement negotiations in this case on November 14, 2007. 24 Exhibit A, Defendant’s Opposition to Motion for Relief from Final Judgment (#129). This resulted 25 in an agreement which was placed on the record. Exhibit B, Defendant’s Opposition to Motion for 26 Relief from Final Judgment (#129). On November 15, 2007, the day after the settlement conference, Dockets.Justia.com 1 plaintiff sent the court and defendant’s counsel a letter stating that he had changed his mind and had 2 decided not to accept the settlement agreement after all. Exhibit C, Defendant’s Opposition to 3 Motion for Relief from Final Judgment (#129). 4 On January 4, 2008, the Magistrate Judge upheld the Settlement Agreement from 5 November 14, 2007. Exhibit E, Defendant’s Opposition to Motion for Relief from Final Judgment 6 (#129). In so doing, the court stated in part as follows: 7 THE COURT: We do have a settlement in this case, Mr. Howard. You have no reason, you 8 have no reason, other than the fact that you changed your mind, not to go through with this 9 settlement. The defendants have done everything they agreed to do, provided you with 10 everything they have agreed to provide you with, and it’s pretty clear to me that you just 11 changed your mind that night after we recessed. 12 MR. HOWARD: Your Honor - - 13 THE COURT: And people aren’t allowed to do that. You know, a deal is a deal. That’s why 14 I put it on the record. That’s why I put it on the record, because - - I put it on the record so 15 that you then cannot change your mind. Because there has to be some finality to these things. 16 If there wasn’t, people would try to back out of settlement all the time. 17 MR. HOWARD: Okay. Your Honor, do I have the right to go to trial? 18 THE COURT: No. The case is settled. You settled the case. 19 20 Id. On May 6, 2009, plaintiff filed the motion for relief from judgment now before the court 21 (Docket #128). In his motion, plaintiff argues that agreements were made at the settlement 22 conference which were not written into the settlement agreement. Plaintiff states that he seeks 23 enforcement of those promises. The court finds plaintiff’s argument to be meritless. As the hearing 24 of January 4, 2009, the Magistrate Judge expressly found that defendants had complied with the 25 terms of the settlement. 26 Judgment (#129). That finding remains the law of the case. Exhibit F, Defendant’s Opposition to Motion for Relief from Final 2 1 2 IT IS THEREFORE ORDERED that plaintiff’s motion for relief from final judgment is DENIED (Docket #128). 3 4 DATED this 14th day of May, 2009. 5 6 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3
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