Bryce L. Franklin v. Wexford Health Sources, Inc., New Mexico Corrections Department, Alisha Lucero, and John Does

Franklin · United States District Court for the District of New Mexico · February 10, 2026 · No. 2:23-cv-00200-MIS-JMR

Summary

The document is a magistrate judge’s Proposed Findings and Recommended Disposition in a federal civil-rights action concerning allegedly inadequate dental care and a settlement with one defendant. It recommends finding that the court has jurisdiction to consider the plaintiff’s motion to enforce the settlement agreement, while denying the motion’s merits without prejudice pending a settlement conference.

Holdings

  1. The magistrate judge recommended that the district court find that it retained ancillary and supplemental jurisdiction over Franklin's motion to enforce the settlement agreement because the action remained pending against other defendants, the court had an independent federal-question basis for jurisdiction, and the settlement-enforcement dispute was factually and logically related to the primary lawsuit.
  2. The magistrate judge recommended denying the merits of the motion without prejudice and permitting Franklin to refile after the parties participated in a scheduled settlement conference.

Questions Presented

  1. Whether the district court retained jurisdiction to enforce a settlement agreement with a defendant dismissed from the case when the action remained pending against other defendants.
  2. Whether the merits of Franklin's motion to enforce the settlement agreement should be decided immediately or denied without prejudice pending a settlement conference.

Disposition

other

Cases Cited (20)

  • Perry v. Schumacher Group of Louisiana, 891 F.3d 954, 958 (11th Cir. 2018)(discussed)
  • De Leon v. Marcos, 659 F.3d 1276, 1283 (10th Cir. 2011)(followed)
  • Morris v. City of Hobart, 39 F.3d 1105, 1110-11 (10th Cir. 1994)(followed)
  • Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375, 378-82 (1994)(followed)
  • United States v. Hardage, 982 F.2d 1491, 1496 (10th Cir. 1993)(followed)
  • Baker v. Gold Seal Liquors, Inc., 417 U.S. 467, 469 n.1 (1974)(analogized)
  • Moore v. New York Cotton Exchange, 270 U.S. 593, 609-10 (1926)(analogized)
  • Peacock v. Thomas, 516 U.S. 349, 355 & n.5 (1996)(followed)
  • Atlas Biologicals, Inc. v. Kutrubes, 50 F.4th 1307, 1318-19 (10th Cir. 2022)(followed)
  • Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365, 370-77 (1978)(followed)

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