Kabins Family Limited Partnership et al v. Chain Consortium et al

Filing 576

ORDER Granting 575 Stipulation for Dismissal with Prejudice. Signed by Judge Gloria M. Navarro on 11/29/2012. Any and all entry(ies) of default and/or default judgments (including, but not limited to, the Default Judgment entered in this Action on or about June 22, 2001 against Millennium Construction, Inc. 370 be vacated and set aside and thereupon dismissed with prejudice, each party to bear their own attorneys fees and costs. (Copies have been distributed pursuant to the NEF - SLD)

Download PDF
1 2 3 ALBERT D. MASSI, LTD ALBERT D. MASSI, ESQ. Nevada State Bar No. 329 3202 West Charleston Boulevard Las Vegas, Nevada 89102 (702) 878-8778 4 5 6 7 Attorneys for Defendants/Counter-Claimants/CrossClaimants/Third-Party Plaintiffs, BENESSERE, LLC; CIPRIANI, LLC; GILA BEND 384, LLC; BUCKEYE 80 WEST THREE, LLC; and BUCKEYE CANAMEX 77 ONE, LLC 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 ALBERT D. MASSI , LTD . 3202 WEST CHARLESTON BOULEVARD LAS VEGAS , NEVADA 89102 (702) 878-8778 11 12 13 14 15 16 17 18 KABINS FAMILY LIMITED PARTNERSHIP, ) a Nevada limited-liability company, et al., ) ) Plaintiffs, ) ) vs. ) ) CHAIN CONSORTIUM, a Nevada general ) partnership, et al., ) ) Defendants. ) ) ) Case No.: 2:09-CV-1125-GMN-RJJ STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED by and between all of the parties to these Actions, 19 including: 20 A. Plaintiffs/Counter-Defendants: KABINS FAMILY LIMITED PARTNERSHIP; 21 LORI C. KABINS, AS TRUSTEE FOR LORI C. KABINS SEPARATE 22 PROPERTY TRUST; and Third-Party Defendant, MARK B. KABINS; 23 B. Defendants/Counter-Claimants/Cross-Claimants/Third-Party Plaintiffs: 24 BENESSERE, LLC; CIPRIANI, LLC; GILA BEND 384, LLC; BUCKEYE 80 25 WEST THREE, LLC; and BUCKEYE CANAMEX 77 ONE, LLC 26 C. Defendants/Cross-Defendants: GABRIEL MARTINEZ, ESQ.; 99th & INDIAN 27 SCHOOL, LLC; 99th & INDIAN SCHOOL MANAGEMENT, LLC; CAPRI I, 28 LLC; CAPRI II, LLC; and PHOENIX 83rd, LLC; -1- 1 D. 2 Third-Party Defendants: JAMES D. MAIN; and MAIN AMUNDSON & ASSOCIATES, LLC; 3 E. Defendants/Cross-Defendants/Cross-Claimants/Counter-Claimants: BENESSERE 4 MANAGEMENT, LLC; CIPRIANI MANAGEMENT, LLC; GE III, LLC; and 5 EDWARD GUTZMAN III; 6 F. 7 Defendants/Cross-Defendants: TODD W. BERGMAN and T.W.B. ENTERPRISES, INC.; 8 G. 9 Defendants/Cross-Defendants: JEFFREY CHAIN; LINDA CHAIN; and JEFF AND LINDA CHAIN AS TRUSTEES FOR THE JEFF & LINDA CHAIN FAMILY TRUST; MILLENNIUM CONSTRUCTION, INC.; MILLENNIUM 11 ALBERT D. MASSI , LTD . 3202 WEST CHARLESTON BOULEVARD LAS VEGAS , NEVADA 89102 (702) 878-8778 10 COMMERCIAL PROPERTIES, LLC; MILLENNIUM PROPERTIES & 12 DEVELOPMENT, INC; MODERN MANAGEMENT, INC; 3900, LLC; 13 COTTONWOOD RETAIL, LLC; INNOVATIVE ASSETS, LLC; MICHAEL’S 14 PLAZA, LLC; RCRE, LLC 15 H. Defendant/Cross-Defendant: J. MATTHEW KAMMEYER; and 16 I. Defendant/Cross-Defendants: ALLYN F. POVILATIS; KAN INVESTMENTS, 17 LLC 18 by and through their respective counsels of record (or as individuals by and through all parties’ 19 Global Release and Settlement Agreement, which is attached hereto and marked as Exhibit “1” 20 and fully incorporated herein by this reference), with permission of this Court, that these entire 21 Actions, including all Complaint(s), Counter-Claim(s), Cross-Claim(s) and Third-Party 22 Complaint(s), be dismissed with prejudice, each party to bear their own attorney’s fees and costs. 23 \\\ 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 \\\ -2- 1 IT IS FURTHER HEREBY STIPULATED by and between all of the parties to these 2 Actions, by and through their respective counsels of record (or as individuals by and through all 3 parties’ Global Release and Settlement Agreement), with permission of this Court, that this 4 Dismissal dismisses with prejudice, with each party to bear their own attorney’s fees and costs, 5 each and every Plaintiff and Defendant; each and every Counter-Claimant and Counter-Defendant; 6 each and every Cross-Claimant and Cross-Defendant; and each and every Third-Party Plaintiff and 7 Third-Party Defendant. 8 IT IS FURTHER HEREBY STIPULATED by and between all of the parties to these 9 Actions, by and through their respective counsels of record (or as individuals by and through all parties’ Global Release and Settlement Agreement), with permission of this Court, that any and all 11 ALBERT D. MASSI , LTD . 3202 WEST CHARLESTON BOULEVARD LAS VEGAS , NEVADA 89102 (702) 878-8778 10 entry(ies) of default and/or default judgments (including, but not limited to, the Default Judgment 12 entered in this Action on or about June 22, 2001 against Millennium Construction, Inc.; See 13 Docket No. 370) be vacated and set aside and thereupon dismissed with prejudice, each party to 14 bear their own attorney’s fees and costs. 15 IT IS FURTHER HEREBY STIPULATED by and between all of the parties to these 16 Actions, by and through their respective counsels of record (or as individuals by and through all 17 parties’ Global Release and Settlement Agreement), with permission of this Court, that any and all 18 pending motion(s), application(s) for attorney’s fees, objections to Orders of the Magistrate 19 Judge(s), as well as any and all proposed claims (either known or unknown), including, but not 20 limited to those contained (either directly and/or indirectly) in: (1) the Motion for Leave to File 21 First Amended Complaint and/or Proposed First Amended Complaint [See Docket No. 383] 22 (including, but not limited to, any and all claims against Gabriel Martinez, Esq. and Albert D. 23 Massi, Esq., either individually and/or in any representative capacity, and any and all individuals, 24 partnerships and/or entities); and (2) Objection to the Court’s Order denying Motion for Leave to 25 File First Amended Complaint [See Docket No. 514] are hereby dismissed with prejudice, each 26 party to bear their own attorney’s fees and costs. 27 \\\ 28 \\\ -3- 1 IT IS FURTHER HEREBY STIPULATED by and between all of the parties to these 2 Actions, by and through their respective counsels of record (or as individuals by and through all 3 parties’ Global Release and Settlement Agreement), with permission of this Court, that this 4 Stipulation and Order for Dismissal with Prejudice fully incorporates by reference herein all 5 parties’ Global Release and Settlement Agreement, which is attached hereto and marked as 6 Exhibit “1” and fully incorporated herein by this reference. DATED this 29th day of November, 2012. 7 8 9 By /s/ ALBERT D. MASSI, ESQ. 3202 West Charleston Boulevard Las Vegas, Nevada 89102 (702) 878-8778 Attorneys for Defendants/CounterClaimants/Cross-Claimants/Third-Party Plaintiffs: BENESSERE, LLC; CIPRIANI, LLC; GILA BEND 384, LLC; BUCKEYE 80 WEST THREE, LLC; and BUCKEYE CANAMEX 77 ONE, LLC By /s/ Jonathan M.A. Salls STEVEN A. GIBSON Nevada Bar No. 6656 JODI DONETTA LOWRY Nevada Bar No. 7798 JONATHAN M.A. SALLS Nevada Bar No. 12085 Dickinson Wright PLLC City Center West 7201 W. Lake Mead Blvd., Ste. 503 Las Vegas, Nevada 89128 (702) 541-8200 Attorneys for Plaintiffs/Counter-Defendants: KABINS FAMILY LIMITED PARTNERSHIP; LORI C. KABINS, AS TRUSTEE FOR LORI C. KABINS SEPARATE PROPERTY TRUST; and ThirdParty Defendant DR. MARK B. KABINS 10 ALBERT D. MASSI , LTD . 3202 WEST CHARLESTON BOULEVARD LAS VEGAS , NEVADA 89102 (702) 878-8778 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 \\\ 27 \\\ 28 \\\ -4- 1 By /s/ William Kerry Skaggs WILLIAM KERRY SKAGGS, ESQ. Nevada Bar No. 5728 Law Office of William Kerry Skaggs 808 South Seventh Street Las Vegas, Nevada 89101 (702) 445-6700 Attorneys for Defendants/Cross-Defendants: GABRIEL MARTINEZ, ESQ.; 99th & INDIAN SCHOOL, LLC; 99th & INDIAN SCHOOL MANAGEMENT, LLC; CAPRI I, LLC; CAPRI II, LLC; and PHOENIX 83rd, LLC By /s/ Lisa J. Zastrow LISA J. ZASTROW Nevada Bar No. 9727 Kaempfer Crowell Renshaw Gronauer & Fiorentino 8345 W. Sunset Road, Ste. 250 Las Vegas, Nevada 89113 (702) 792-7000 Attorneys for Third-Party Defendants: JAMES D. MAIN; and MAIN AMUNDSON & ASSOCIATES, LLC By /s/ Barbara Johnston BARBARA I. JOHNSTON, ESQ. Nevada Bar No. 3748 Johnston & Associates 8309 Shad Bush Avenue Las Vegas, Nevada 89149 (702) 684-6163 Attorneys for Defendants/Cross-Claimants/ Counter-Claimants/Cross-Defendants: BENESSERE MANAGEMENT, LLC; CIPRIANI MANAGEMENT, LLC; GE III, LLC; and EDWARD GUTZMAN III By /s/ Mario Lovato MARIO P. LOVATO, ESQ. Nevada Bar No. 7427 Lovato Law Firm, P.C. 8670 W. Cheyenne Ave., Ste. 120 Las Vegas, Nevada 89129 (702) 979-9047 Attorneys for Defendants/Cross-Defendants: TODD W. BERGMAN; and T.W.B. ENTERPRISES, INC. 2 3 4 5 6 7 8 9 10 ALBERT D. MASSI , LTD . 3202 WEST CHARLESTON BOULEVARD LAS VEGAS , NEVADA 89102 (702) 878-8778 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- 1 By 2 3 4 5 6 7 /s/ Matthew Johnson MATTHEW L. JOHNSON, ESQ. Nevada Bar No. 6004 Matthew L. Johnson & Associates, P.C. Lakes Business Park 8831 W. Sahara Ave. Las Vegas, NV 89117 (702) 471-0065 Attorneys for Defendants/Cross-Defendants: JEFFREY CHAIN; LINDA CHAIN; JEFF AND LINDA CHAIN AS TRUSTEES FOR THE JEFF & LINDA CHAIN FAMILY TRUST 8 9 IT IS SO ORDERED this 9th day of November, 2012. 10 ALBERT D. MASSI , LTD . 3202 WEST CHARLESTON BOULEVARD LAS VEGAS , NEVADA 89102 (702) 878-8778 11 12 _____________________________ Gloria M. Navarro United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?