Pirelli Armstrong Tire Corporation Retiree Medical Benefits Trust v. Yoseloff et al

Filing 88

ORDER DISMISSING CASE re 87 Stipulation of Voluntary Dismissal with Prejudice. Signed by Judge Kent J. Dawson on 12/14/10. (Copies have been distributed pursuant to the NEF - EDS)

Pirelli Armstrong Tire Corporation Retiree Medical Benefits Trust v. Yoseloff et al

Doc. 88

THE O'MARA LAW FIRM, P.C. WILLIAM O. O'MARA (Nevada Bar No. 837) DAVID C. O'MARA (Nevada Bar No. 8599) 311 East Liberty Street Reno, NV 89501 Telephone: [phone] (fax) Attorneys for Plaintiff [Additional counsel appear on signature page.] UNITED STATES DISTRICT COURT DISTRICT OF NEVADA PIRELLI ARMSTRONG TIRE CORPORATION RETIREE MEDICAL BENEFITS TRUST, Derivatively on Behalf of SHUFFLE MASTER, INC., Plaintiff, vs. MARK L. YOSELOFF, et al., Defendants, ­ and ­ SHUFFLE MASTER, INC., a Minnesota corporation, Nominal Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:07-cv-01215-KJD-LRL STIPULATION AND [PROPOSED] ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)

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Dockets.Justia.com

TO:

ALL PARTIES AND THEIR COUNSEL OF RECORD WHEREAS, on September 7, 2007, Plaintiff Pirelli Armstrong Tire Corporation Retiree

Medical Benefits Trust filed the above-captioned action in this District; WHEREAS, on September 17, 2007, a second derivative action was filed in this District and captioned Hodgkins, et al. v. Shuffle Master, Inc., et al., Case No. 2:07-cv-01263-KJD-GWF; WHEREAS, on November 9, 2007, the Court entered an Order consolidating the two abovereferenced derivative cases (collectively, the "Action") and appointing the law firm of Coughlin Stoia Geller Rudman & Robbins LLP, now known as Robbins Geller Rudman & Dowd LLP, as Lead Counsel in the Action; WHEREAS, on July 20, 2010, the Parties entered into a Stipulation of Settlement (the "Settlement") resolving the Action as well as a related state court derivative case pending in the Eighth Judicial District Court for the State of Nevada captioned Denham v. Yoseloff, et al., A-09603275-C (the "State Derivative Action"), approval of which was pursued in the State Derivative Action; WHEREAS, the state court in the State Derivative Action entered an order preliminarily approving the proposed Settlement on September 3, 2010; WHEREAS, Shuffle Master, Inc. ("Shuffle Master") gave notice to shareholders pursuant to the terms of the preliminary approval order by filing a Form 8-K with the Securities and Exchange Commission, with a copy of the Notice of Settlement attached thereto, and by posting and maintaining the Notice of Settlement and the Stipulation on Shuffle Masters' public website; WHEREAS, on October 26, 2010, the state court gave final approval to the Settlement and entered judgment thereon (a copy of the judgment and order is attached as Exhibit 1);

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WHEREAS, pursuant to the terms of the Settlement, Plaintiff hereby seeks dismissal with prejudice of the Action without costs to any party; WHEREAS, no defendant in this Action has answered or filed for summary judgment; and WHEREAS, pursuant to Fed. R. Civ. P. 23.1, this derivative action may only be dismissed with the Court's approval. NOW, THEREFORE, NOTICE IS HEREBY GIVEN that, pursuant to Fed. R. Civ. P. 41(a)(1), Plaintiff voluntarily dismisses the Action with prejudice and respectfully requests the Court to order the same. DATED: December 10, 2010 ROBBINS GELLER RUDMAN & DOWD LLP ARTHUR C. LEAHY BRIAN O. O'MARA (Nevada Bar No. 8214)

s/ BRIAN O. O'MARA BRIAN O. O'MARA 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: [phone] (fax)

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THE O'MARA LAW FIRM, P.C. WILLIAM M. O'MARA DAVID C. O'MARA 311 East Liberty Street Reno, NV 89501 Telephone: [phone] (fax) BARRETT JOHNSTON, LLC GEORGE E. BARRETT 217 Second Avenue, North Nashville, TN 37201-1601 Telephone: [phone] (fax) Attorneys for Plaintiff DATED: December 10, 2010 BROWNSTEIN HYATT FARBER SCHRECK, LLP TAMARA BEATTY PETERSON KIRK B. LENHARD

s/ TAMARA BEATTY PETERSON TAMARA BEATTY PETERSON 100 North City Parkway, Suite 1600 Las Vegas, NV 89106-4614 Telephone: [phone] (fax) Attorneys for Defendants Mark L. Yoseloff, Paul C. Meyer, Richard L. Baldwin, Garry W. Saunders, Louis Castle, Phillip C. Peckman and Nominal Defendant Shuffle Master, Inc.

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DATED: December 10, 2010

PAUL, HASTINGS, JANOFSKY & WALKER LLP PETER M. STONE

s/ PETER M. STONE PETER M. STONE 1117 South California Avenue Palo Alto, CA 94304-1106 Telephone: [phone] (fax) Attorneys for the Special Demand Review Committee of the Board of Directors of Nominal Defendant Shuffle Master, Inc. * * ORDER IT IS SO ORDERED. 12/14/2010 DATED: _________________________ ____________________________________ THE HONORABLE KENT J. DAWSON UNITED STATES DISTRICT JUDGE *

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Case 2:07-cv-01215-KJD-LRL Document 87

Filed 12/10/10 Page 6 of 7

CERTIFICATE OF SERVICE I hereby certify that on December 10, 2010, I authorized the electronic filing of the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I caused to be mailed the foregoing document or paper via the United States Postal Service to the nonCM/ECF participants indicated on the attached Manual Notice List. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on December 10, 2010. s/ BRIAN O. O'MARA BRIAN O. O'MARA ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: [phone] (fax) E-mail: [e-mail]

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CM/ECF - nvd - District Version 4.0.3Case 2:07-cv-01215-KJD-LRL Document 87

Page 1 of 1 Filed 12/10/10 Page 7 of 7

Mailing Information for a Case 2:07-cv-01215-KJD-LRL
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Jamie S Cogburn [e-mail],[e-mail],[e-mail] Kristin H. Cogburn [e-mail] William B. Federman [e-mail],[e-mail],[e-mail] Joshua G Hamilton [e-mail],[e-mail] Arthur C. Leahy [e-mail],[e-mail],[e-mail] Kirk B. Lenhard [e-mail],[e-mail] Brian O. O'Mara [e-mail],[e-mail],[e-mail] William M. O'Mara [e-mail] Tamara Beatty Peterson [e-mail],[e-mail] Peter Marshall Stone [e-mail] William F Sullivan [e-mail],[e-mail],[e-mail]

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12/10/2010