1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 CLYDE WEST, 7 Case No. 2:25-cv-00165-NJK Plaintiff, 8 Order v. 9 [Docket No. 30] JEFF TINDALE, et al., 10 Defendants. 11 12 Pending before the Court is the parties’ stipulation for dismissal of all claims with 13 prejudice. Docket No. 30. The parties submit that their “respective settlements with one another 14 were entered into as a result of good-faith, arms-length settlement negotiations and, therefore, 15 constitute good-faith settlements as contemplated by Chapter 17 of the Nevada Revised States, 16 including NRS § 17.245.” Id. at 3. 17 However, under Nevada law, the determination of whether a settlement is entered in “good 18 faith” under NRS § 17.245 is “left to the discretion of the trial court based upon all relevant facts 19 available.” Goodrich v. GRG Enters., LLC, No. 2:20-cv-671-JCM-NJK,

, at *1 20 (D. Nev. Jan. 11, 2021) (internal citation omitted). The factors discussed in In re MGM Grand 21 Hotel Fire Litigation,

(D. Nev. 1983), may be among the relevant facts a 22 court may choose to consider in the exercise of its “considerable discretion.”

Such factors 23 include “the amount paid in settlement, the allocation of the settlement proceeds among plaintiffs, 24 the insurance policy limits of settling defendants, the financial condition of settling defendants, 25 and the existence of collusion, fraud or tortious conduct aimed to injure the interests of non-settling 26 defendants.” In re MGM,

(citing Commercial Union Ins. Co. v. Ford Motor 27 Co.,

(9th Cir. 1981)). 28 ] Here, the parties fail to provide facts that the Court could use to determine whether the settlement is entered in “good faith” under NRS § 17.245. See Docket No. 30. Accordingly, the 3] parties’ stipulation is DENIED without prejudice. Docket No. 30. The parties must file a request 4| for determination of good faith settlement addressing the relevant standard, no later than May 27, 5} 2025. 6 IT IS SO ORDERED. 7 Dated: May 12, 2025 . ie 9 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28