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Slater v. State

United States District Court, D. Arizona

November 7, 2019

Nicholas Willard Slater, et al., Plaintiffs,
v.
State of Arizona, et al., Defendants.

          ORDER

          Dominic W. Lanza United States District Judge

         Pending before the Court is Defendants' motion to enforce a settlement agreement (Doc. 24). The Court will hold an evidentiary hearing on the motion on November 21, 2019 at 9:30 a.m. in Courtroom 601 of the Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. In anticipation of this hearing, the Court will address what has and hasn't been included in the rather sparse briefing of this motion.

         BACKGROUND

         Defendants assert that on June 21, 2019, the parties participated in a private mediation, during which Plaintiffs proposed “a settlement offer that was to be open for 10 days after the mediation.” (Doc. 24 at 1.) Defendants further assert that on June 28, 2019, the State[1] “clearly and unequivocally communicated its acceptance of Plaintiff's proposed settlement terms . . . by way of an email . . . reciting all the specific conditions that Plaintiff[s] proposed as acceptable at mediation.” (Id. at 2.) Defendants attached the June 28, 2019 email, which stated:

I have received authorization from Arizona Game and Fish to accept your offer at the mediation in this matter as follows:
1. The State's payment to Mr. Slater in the amount of $75, 000.
2. Payment of the Slaters' half of [the mediator's] fee.
3. A modification of Mr. Slater's lifetime ban to a 10 year suspension upon approval and a vote by the Commission at a public meeting.
4. A reinstatement of Mrs. Slater's license upon approval and a vote by the Commission at a public meeting.
5. Other standard terms and conditions as set forth in the written settlement agreement and release, previously sent to you and [the mediator] on June 11, 2019.
Please send me a direction on how the funds should be made payable. I will finalize the written settlement agreement and send it to you soon.

(Doc. 25-2 at 2.)

         Defendants also attached an email sent two weeks later, on July 12, 2019, which stated:

Attached is the settlement agreement for your clients' signature. Please have them sign and notarize their signatures where indicated. Your signature approving form and content is also required.
Upon receipt of the fully executed settlement agreement the State shall issue the settlement draft payable to you and your clients. Please provide us with the form of ...

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