Bank of the West v. Great Falls Limited Partnership et al

Filing 151

ORDER Granting 149 Motion to Vacate 82 Amended Judgment; and Granting 150 Motion to Dismiss Complaint. Signed by Judge James C. Mahan on 11/27/12. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 7 8 9 10 Eric B. Johnson (SBN 9363) eric.johnson@quarles.com Quarles & Brady LLP Renaissance One Two North Central Avenue Phoenix, AZ 85004-2391 Tel. 602.229.5200 Fax 602.229.5690 Jeremy J. Nork (SBN 4017) Holland & Hart LLP 5441 Kietzke Lane, Second Floor Reno, Nevada 89511 Tel. 775.327-3000 Fax 775.786-6179 Attorneys for Plaintiff Bank of the West UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 BANK OF THE WEST, a California banking corporation, 14 15 16 17 18 19 20 21 22 23 24 25 26 Case No. 2:09-cv-00388-JCM-RJJ Plaintiff, STIPULATED MOTION TO VACATE AMENDED JUDGMENT AND DISMISS COMPLAINT v. GREAT FALLS LIMITED PARTNERSHIP, a Nevada partnership; RVS SOUTHWEST, LLC, a Nevada limited liability corporation; TODD SLUSHER AND JOYCE SLUSHER, a married couple; and ROLAND V. STURM, a married man, Defendants. Plaintiff, Bank of the West, and Defendants, Great Falls Limited Partnership, RVS Southwest, LLC, Todd Slusher, Joyce Slusher, and Roland V. Sturm, by and through their respective undersigned counsel, hereby jointly move the Court to vacate the Amended Judgment entered on January 12, 2011 against Defendants and further move the Court to dismiss, with prejudice, the Complaint pending against Defendants. The parties have QB\093653.00027\18734928.1 1 1 reached a settlement in the matter, and under its terms, the parties have agreed that the 2 Amended Judgment should be vacated and the Complaint dismissed, with prejudice, with 3 the parties bearing their own fees and costs. 4 5 DATED this 21st day of November, 2012 6 7 8 9 10 11 12 13 14 /s/ Eric B. Johnson Eric B. Johnson, Esq. Quarles & Brady LLP Renaissance One Phoenix, AZ 85004-2391 and Jeremy J. Nork, Esq. Holland & Hart LLP 5441 Kietzke Lane, Second Floor Reno, Nevada 89511 Telephone: (775) 327-3000 /s/ Frank M. Flansburg Frank M. Flansburg III, Esq. Marquis Aurbach Coffing 10001 Park Run Drive Las Vegas, Nevada 89145 Telephone: (702) 382-0711 Attorneys for Defendants Attorneys for Plaintiff 15 IT IS SO ORDERED: 16 17 __________________________________________ UNITED STATES DISTRICT COURT JUDGE 18 November 27, ________, 2012. DATED this ___ day of 2012. 19 20 21 22 23 24 25 26 QB\093653.00027\18734928.1 2

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