Filed: Jul. 10, 2017
Latest Update: Jul. 10, 2017
Summary: ORDER GRANTING DEFENDANT TSLV LLC'S MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION [DKT. 60] JENNIFER A. DORSEY , District Judge . Before the Court is Defendant, TSLV LLC's (hereinafter "TSLV") Motion for Good Faith Settlement Determination [Dkt. 60]. No Opposition to the Motion was filed by any party and TSLV filed a Notice of Parties' Non-Opposition to Defendant's Motion for Good Faith Settlement [Dkt. 64]. A hearing was held on the Motion on July 7, 2017, and in attendance was April R. B
Summary: ORDER GRANTING DEFENDANT TSLV LLC'S MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION [DKT. 60] JENNIFER A. DORSEY , District Judge . Before the Court is Defendant, TSLV LLC's (hereinafter "TSLV") Motion for Good Faith Settlement Determination [Dkt. 60]. No Opposition to the Motion was filed by any party and TSLV filed a Notice of Parties' Non-Opposition to Defendant's Motion for Good Faith Settlement [Dkt. 64]. A hearing was held on the Motion on July 7, 2017, and in attendance was April R. Br..
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ORDER GRANTING DEFENDANT TSLV LLC'S MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION [DKT. 60]
JENNIFER A. DORSEY, District Judge.
Before the Court is Defendant, TSLV LLC's (hereinafter "TSLV") Motion for Good Faith Settlement Determination [Dkt. 60]. No Opposition to the Motion was filed by any party and TSLV filed a Notice of Parties' Non-Opposition to Defendant's Motion for Good Faith Settlement [Dkt. 64]. A hearing was held on the Motion on July 7, 2017, and in attendance was April R. Bradshaw, Esq. of LORBER, GREENFIELD & POLITO, LLP on behalf of TSLV. No other parties were present.
NRS 17.245 was enacted to encourage settlements by discharging all liability for equitable indemnity and contribution by a settling tortfeasor to others upon a finding that the settlement was entered in good faith. See, In re MGM Grand Hotel Fire Litigation, 570 F.Supp. 913, 926 (D. Nev. 1983)(interpreting Nevada state law). The determination of good faith settlement is left to the discretion of the Court based upon all relevant facts. See, Velsicol Chemical Corp. v. Davidson, 811 P.2d 561, 563 (Nev. 1991). NRS 17.245 provides:
1. When a release or covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
(a) It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide, but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and
(b) It discharges the tortfeasor to whom it is given from all liability for contribution and for equitable indemnity to any other tortfeasor.
2. As used in this section, "equitable indemnity" means a right of indemnity that is created by the court rather than expressly provided for in a written agreement.
The Nevada Supreme Court utilized the following factors established in In re MGM Grand Hotel Fire Litigation to determine whether a settlement was reached in good faith:
. . . the amount paid in settlement, the allocation of the settlement proceeds among Plaintiffs, the insurance policy limits of settling Defendants, and the existence of collusion, fraud, or tortious conduct aimed to injure the interests of the non-settling Defendants.
In re MGM Grand Hotel Fire Litigation, 570 F.Supp. 913, 927 (D. Nev. 1983).
Plaintiff and TSLV have entered into a settlement agreement. Having considered the arguments stated by TSLV and applying the five MGM factors, the Court finds that the settlement is entered in good faith pursuant to NRS 17.245.
IT IS HEREBY ORDERED that TSLV LLC's Motion for Good Faith Settlement Determination [Dkt. 60] is GRANTED.
The settlement between Plaintiff Matthew Cirrinicione, a minor by and through Thomas Cirrinicione, his natural parent and guardian, and TSLV LLC is a good faith settlement pursuant to NRS 17.245 and other applicable provisions of NRS Chapter 17.
