Automated Summary
Key Facts
This is a Report & Recommendation from United States Magistrate Judge Craig S. Denney in Case No. 3:23-cv-00281-MMD-CSD between Ronald R. Santos (Plaintiff, an inmate at Northern Nevada Correctional Center) and Kenneth Annikos, et al. (Defendants, including Nevada Department of Corrections). On June 11, 2025, a settlement was reached requiring NDOC to allow Santos to purchase a replacement bag with a zipper for his Trust 'Let's Fly' Rollator at his own expense. Santos filed two motions: (1) a motion to withdraw the settlement (ECF No. 171) claiming the written document did not reflect agreed terms, and (2) a motion to enforce the settlement (ECF No. 176) arguing the agreement should include a shoulder strap for the walker bag. The Magistrate Judge recommended denying both motions because (a) Santos signed an amended settlement agreement making the withdrawal motion moot, and (b) the shoulder strap was never discussed or included as a material term in the settlement agreement.
Transaction Type
Settlement agreement regarding replacement walker bag
Issues
- The court must determine whether Plaintiff's motion to withdraw the settlement agreement entered on June 11, 2025, should be denied as moot. Defendants argue the motion is moot because Plaintiff signed a subsequent version of the settlement agreement after counsel met and conferred about the claimed discrepancy in the written document. The court reviewed the briefing, declaration of defense counsel, and signed agreement to determine if this is accurate.
- The court must determine whether Plaintiff's motion to enforce the settlement agreement should be denied. Plaintiff argues Defendants breached the settlement by not providing a shoulder strap for the replacement bag for his walker, claiming it was a material term. However, the written settlement agreement only specifies that Plaintiff can purchase a replacement bag with a zipper at his own expense, with no mention of a shoulder strap. The court finds inclusion of a shoulder strap was not a material term and Defendants have not breached the agreement.
Holdings
The court recommended denying both of Plaintiff's motions: (1) the motion to withdraw the settlement agreement was denied as moot because Plaintiff signed an amended settlement agreement after the initial conference; (2) the motion to enforce the settlement agreement was denied because the shoulder strap was not a material term of the agreement, and Defendants complied by providing Plaintiff a new bag with a zipper at his own expense. Defendants were directed to file the stipulation for dismissal of this action with prejudice within two weeks.
Remedies
- The court recommended that Plaintiff's motion to enforce the settlement agreement be denied because the Defendants complied with the material terms of the agreement, including providing Plaintiff a new bag with a zipper for his walker, though the shoulder strap was not a term of the original settlement agreement.
- The court recommended that Plaintiff's motion to withdraw the settlement agreement be denied as moot, because Plaintiff had signed a subsequent amended version of the settlement agreement after the initial settlement conference, making the withdrawal motion procedurally invalid.
- The court recommended that Defendants be directed to file the stipulation for dismissal of this action with prejudice within two weeks of the date of any order adopting this Report and Recommendation, concluding that the settlement agreement was properly fulfilled and no further relief was warranted.
Legal Principles
The construction and enforcement of settlement agreements are governed by principles of state law and contract law. Courts may consider the circumstances surrounding the agreement when the parties' intent is not clearly expressed in the contractual language. The ultimate goal is to effectuate the contracting parties' intent. Courts possess inherent authority to enforce settlement agreements in pending cases.
Precedent Name
- May v. Anderson
- O'Neil v. Bunge Corp.
- Botefur v. City of Eagle Point
- Callie v. Near
- In re Amerco Derivative Litig.
- Jones v. McDaniel
- Martinez v. Ylst
- In re City Equities Anaheim, Ltd.
Key Disputed Contract Clauses
The settlement agreement provided that Plaintiff could purchase a replacement bag with a zipper for his Trust 'Let's Fly' Rollator at his own expense. Plaintiff argued that the shoulder strap was an approved term of the agreement, citing prior authorization from Warden Henley and Property Sergeant Fluhrer. However, the written settlement agreement only specified that Plaintiff could purchase a replacement bag with a zipper, with no mention of a shoulder strap. The court reviewed the settlement conference recording and found no mention of a shoulder strap in the recitation of material terms. The court determined that inclusion of a shoulder strap was not a material term of the settlement agreement, and Defendants did not breach the agreement by failing to provide the shoulder strap that came with the new bag. Defendants complied with the material terms by providing Plaintiff a new bag with a zipper at his own expense.
Cited Statute
- 42 U.S.C. § 1983 civil rights action
- 28 U.S.C. § 636(b)(1)(B) Magistrate Judge referral
- Federal Rules of Appellate Procedure Rule 4(a)(1)
Judge Name
- Craig S. Denney
- Miranda M. Du
Passage Text
- IT IS HEREBY RECOMMENDED that the District Judge enter an order: 1) DENYING as moot Plaintiff's motion to withdraw the settlement agreement (ECF No. 171); 2) DENYING Plaintiff's motion to enforce the settlement agreement (ECF No. 176); and 3) Requiring Defendants to file the stipulation for dismissal of this action with prejudice within two weeks of the date of any order adopting this Report and Recommendation.
- "Plaintiff can purchase/receive a replacement bag with a zipper for his Trust 'Let's Fly' Rollator at his own expense." (ECF No. 178-1 at 2.)
- The court finds that inclusion of a shoulder strap was not a material term to the settlement agreement, and Defendants have not breached the agreement by failing to provide Plaintiff the shoulder strap that came with his new bag for his walker. Plaintiff has been provided the new bag for his walker, with a zipper, as agreed.