Big Daddy Games v. Reel Spin Studios LLC et al

Filing 333

ORDER granting 332 Motion for Relief from Judgment. Order 331 is vacated and this case is dismissed with prejudice and without costs subject to the terms of 330 settlement agreement. Signed by District Judge Barbara B. Crabb on 8/16/13. (rep)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BIG DADDY GAMES, LLC, ORDER Plaintiff, 12-cv-449-bbc v. REEL SPIN STUDIOS, LLC; GAME MANAGEMENT CORP.; JAMES L. DONKER; DAVID E. GROND; PATRICK YOUNG; WILLIAM STIMAC; MICHAEL LINDEMAN; RHODY R. MALLICK; DALE CEBULA; KATHLEEN MALONEY; MATTHEW BARRETT; ROBERT L. DIENER; THE LYONS DEN DL, LLC; NIGL’S, INC.; GAMEDAY SPORTS BAR, INC.; ANTLERS SPORTS BAR & GRILL, LLC; OSHKOSH LANES LLC; BACK AGAIN STADIUM BAR, INC.; MR. D’S TWO, LLC; SUSIE’S TRACKSIDE LLC; LAST HURRAH LLC; HOTEL PUB, L.L.P.; WOOD SHED, INC.; GEORGE SIMONIS; Q GAME TECHNOLOGIES PTY LTD; and NICK MCLEOD, Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff has filed a motion for relief from judgment under Fed. R. Civ. P. 60(b), asking the court to amend the text order entered in this case on July 16, 2013. Plaintiff says that the court misread the terms of the parties’ stipulation for dismissal (dkt. #330). After reviewing the stipulation, I agree with plaintiff that the text order was based on a misreading of the stipulation. Accordingly, I will vacate the July 16, 2013 text order and enter a new 1 order. ORDER IT IS ORDERED that the July 16, 2013 text order entered in this case, dkt. # 331, is VACATED. Further, IT IS ORDERED that, in accordance with the parties’ stipulation for dismissal, dkt. # 330, the parties’ claims against each other are dismissed with prejudice and without costs, subject to the terms of the settlement agreements between the parties and the terms of the permanent injunctions entered on June 4, 2013. Entered this 16th day of August, 2013. BY THE COURT: /s/ BARBARA B. CRABB District Judge 2