{E5
ase 2:11-cv-0L447-MMD-VCF Document
I 2 3
4 5
6
130
Filed 09/1-2113 Page 1 of 5
Martin J. Kravitz, Esq. Nevada Bar No. 83 Timothy J. Geswein, Esq, Nevada Bar No. 10049 Kntvltz, ScttNttzrn, Sr-oeun & JonNsoN Curr 8985 S. Eastern Avenue, Suite 200 Las Vegas, Nevada 89123 T: (702) 362-6666 F: (702) 992-1000
7 8
9
F Q
t z
UNITED STATES DISTRICT COURT
11
DISTRICT OF NEVADA
1a
-? oN
{E5 ,-t6' Z "i* t^@
^ zss tE o\
T7
Nevada Property 1, with a female friend when she was approached by an undercover vice officer
a
i
18
and detained on suspicion
r.i
F
l9
v
20
i00
Goodman alleges that she was walking through The Cosmopolitan, the resort operated by
T6
participated
in
any aspect
of being a prostitute. It is not alleged that
of
Nevada Property I
Goodman's apprehension. Before the Court granted partial
sunmary judgment to Goodman on some of her claims against Metro and the individual vice
21
officers, Nevada Property
I
settled with Goodman. Based upon the settlement, Nevada Property
22 23
I
seeks a determination that the settlement was
in good faith to foreclose equitable indemnity
24
and contribution claims by Metro and the individual vice officers. Additionally, Nevada Property
,s
I
26
compelled to participate in the pending appeal, pretrial, and trial activities.
seeks a dismissal and direct the entry
of a final judgment as to it so that Nevada Property is not
27 28
Page2 of
5
ase 2:11-cv-0L447-MMD-VCF Document
1
2
II.
l-30
Filed 09/12113 Page 3 of 5
Argum-ent
A.
Good Faith Settlement
a
A settling defendant may extinguish its liability from non-settling defendants by a court's 4
finding of good faith settlement between the settling defendant and the plaintiff.l NRS 17.245. 5
6
The finding of good faith settlement discharges the tortfeasor to whom the finding applies from all liability for contribution and for equitable indemnity to any other tortfeasor. Id.
8
The "determination of good faith should be left to the discretion of the trial court based
9
upon the relevant facts available." Velsicol Chemical Corp. v. Davidson,107 Nev. 356, 360, 811
t0 F Q
z
11
(2004). A nonexclusive list of factors to consider in determining whether a settlement is made in
a
12
E=
l3
z
-) arN
d'Ee rBo!:'s {>cg
P.2d 561, 563 (1991); see also The Doctors Co. v. Vincent,lZQ Nev. 644, 652,98 P.2d 681, 687
t4
good faith includes: 1) the amount paid in settlement;2) allocation of settlement proceeds among
plaintiffs; 3) insurance poliey limits of settling defendants; 4) the financial condition of settling
5) the existence of collusion, fraud, or tortuous conduct aimed to injure
15
defendants; and
Ai@(g
16
interest of non-settling defendants. Vincent aI 652, 98 P.3d at 687. The court may assess the
N.> ?0-
I7
relative liability permutations of the particular contribution or indemnity action known to it,
Q
I 2 3
4 5
6
130
Filed 09/1-2113 Page 1 of 5
Martin J. Kravitz, Esq. Nevada Bar No. 83 Timothy J. Geswein, Esq, Nevada Bar No. 10049 Kntvltz, ScttNttzrn, Sr-oeun & JonNsoN Curr 8985 S. Eastern Avenue, Suite 200 Las Vegas, Nevada 89123 T: (702) 362-6666 F: (702) 992-1000
7 8
9
F Q
t z
UNITED STATES DISTRICT COURT
11
DISTRICT OF NEVADA
1a
-? oN
{E5 ,-t6' Z "i* t^@
^ zss tE o\
T7
Nevada Property 1, with a female friend when she was approached by an undercover vice officer
a
i
18
and detained on suspicion
r.i
F
l9
v
20
i00
Goodman alleges that she was walking through The Cosmopolitan, the resort operated by
T6
participated
in
any aspect
of being a prostitute. It is not alleged that
of
Nevada Property I
Goodman's apprehension. Before the Court granted partial
sunmary judgment to Goodman on some of her claims against Metro and the individual vice
21
officers, Nevada Property
I
settled with Goodman. Based upon the settlement, Nevada Property
22 23
I
seeks a determination that the settlement was
in good faith to foreclose equitable indemnity
24
and contribution claims by Metro and the individual vice officers. Additionally, Nevada Property
,s
I
26
compelled to participate in the pending appeal, pretrial, and trial activities.
seeks a dismissal and direct the entry
of a final judgment as to it so that Nevada Property is not
27 28
Page2 of
5
ase 2:11-cv-0L447-MMD-VCF Document
1
2
II.
l-30
Filed 09/12113 Page 3 of 5
Argum-ent
A.
Good Faith Settlement
a
A settling defendant may extinguish its liability from non-settling defendants by a court's 4
finding of good faith settlement between the settling defendant and the plaintiff.l NRS 17.245. 5
6
The finding of good faith settlement discharges the tortfeasor to whom the finding applies from all liability for contribution and for equitable indemnity to any other tortfeasor. Id.
8
The "determination of good faith should be left to the discretion of the trial court based
9
upon the relevant facts available." Velsicol Chemical Corp. v. Davidson,107 Nev. 356, 360, 811
t0 F Q
z
11
(2004). A nonexclusive list of factors to consider in determining whether a settlement is made in
a
12
E=
l3
z
-) arN
d'Ee rBo!:'s {>cg
P.2d 561, 563 (1991); see also The Doctors Co. v. Vincent,lZQ Nev. 644, 652,98 P.2d 681, 687
t4
good faith includes: 1) the amount paid in settlement;2) allocation of settlement proceeds among
plaintiffs; 3) insurance poliey limits of settling defendants; 4) the financial condition of settling
5) the existence of collusion, fraud, or tortuous conduct aimed to injure
15
defendants; and
Ai@(g
16
interest of non-settling defendants. Vincent aI 652, 98 P.3d at 687. The court may assess the
N.> ?0-
I7
relative liability permutations of the particular contribution or indemnity action known to it,
Q
