Montreaux Joint Venture v. Sierra Pines Resorts, Inc.
Opinion
Lead Opinion
*81 MEMORANDUM **
Sierra Pines Resort, Thomas Pitts, and the Pitts & Co. Profit Sharing Plan (“Sierra Pines”) appeal the district court’s order compelling compliance with a Settlement Agreement. We have jurisdiction, 1 and we affirm.
This is a procedurally complex case arising out of a number of disputes over partnership interests in the Montreux golf course and residential development in Reno, Nevada. After extensive litigation and negotiation, the numerous litigants, including the parties to this case, entered into a global settlement agreement. The relevant terms of the settlement agreement are undisputed. Sierra Pines agreed to assume liability for, and to indemnify and hold Montreux harmless from, any claims asserted to property at Montreux. Included within the indemnification were claims asserted against Montreux by or on behalf of Victor Knutzen. Because Sierra Pines refused to defend or indemnify Montreux for the claims, Montreux filed a motion for summary enforcement of the agreement. Sierra Pines asserted, prior to the execution of the agreement, that Montreux intentionally had orally misrepresented that Knutzen’s claims “had been taken care of.” The district court,…