United States District Court, D. Arizona
Dominic W. Lanza United States District Judge
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.
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 “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
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
2. Payment of the Slaters' half of [the mediator's]
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.)
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 ...