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)
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ALBERT D. MASSI, LTD
ALBERT D. MASSI, ESQ.
Nevada State Bar No. 329
3202 West Charleston Boulevard
Las Vegas, Nevada 89102
(702) 878-8778
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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
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ALBERT D. MASSI , LTD .
3202 WEST CHARLESTON BOULEVARD
LAS VEGAS , NEVADA 89102
(702) 878-8778
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KABINS FAMILY LIMITED PARTNERSHIP, )
a Nevada limited-liability company, et al.,
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Plaintiffs,
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vs.
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CHAIN CONSORTIUM, a Nevada general
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partnership, et al.,
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Defendants.
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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,
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including:
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A.
Plaintiffs/Counter-Defendants: KABINS FAMILY LIMITED PARTNERSHIP;
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LORI C. KABINS, AS TRUSTEE FOR LORI C. KABINS SEPARATE
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PROPERTY TRUST; and Third-Party Defendant, MARK B. KABINS;
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B.
Defendants/Counter-Claimants/Cross-Claimants/Third-Party Plaintiffs:
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BENESSERE, LLC; CIPRIANI, LLC; GILA BEND 384, LLC; BUCKEYE 80
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WEST THREE, LLC; and BUCKEYE CANAMEX 77 ONE, LLC
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C.
Defendants/Cross-Defendants: GABRIEL MARTINEZ, ESQ.; 99th & INDIAN
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SCHOOL, LLC; 99th & INDIAN SCHOOL MANAGEMENT, LLC; CAPRI I,
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LLC; CAPRI II, LLC; and PHOENIX 83rd, LLC;
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D.
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Third-Party Defendants: JAMES D. MAIN; and MAIN AMUNDSON &
ASSOCIATES, LLC;
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E.
Defendants/Cross-Defendants/Cross-Claimants/Counter-Claimants: BENESSERE
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MANAGEMENT, LLC; CIPRIANI MANAGEMENT, LLC; GE III, LLC; and
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EDWARD GUTZMAN III;
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F.
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Defendants/Cross-Defendants: TODD W. BERGMAN and T.W.B.
ENTERPRISES, INC.;
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G.
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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
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ALBERT D. MASSI , LTD .
3202 WEST CHARLESTON BOULEVARD
LAS VEGAS , NEVADA 89102
(702) 878-8778
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COMMERCIAL PROPERTIES, LLC; MILLENNIUM PROPERTIES &
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DEVELOPMENT, INC; MODERN MANAGEMENT, INC; 3900, LLC;
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COTTONWOOD RETAIL, LLC; INNOVATIVE ASSETS, LLC; MICHAEL’S
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PLAZA, LLC; RCRE, LLC
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H.
Defendant/Cross-Defendant: J. MATTHEW KAMMEYER; and
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I.
Defendant/Cross-Defendants: ALLYN F. POVILATIS; KAN INVESTMENTS,
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LLC
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by and through their respective counsels of record (or as individuals by and through all parties’
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Global Release and Settlement Agreement, which is attached hereto and marked as Exhibit “1”
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and fully incorporated herein by this reference), with permission of this Court, that these entire
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Actions, including all Complaint(s), Counter-Claim(s), Cross-Claim(s) and Third-Party
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Complaint(s), be dismissed with prejudice, each party to bear their own attorney’s fees and costs.
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IT IS FURTHER HEREBY STIPULATED by and between all of the parties to these
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Actions, by and through their respective counsels of record (or as individuals by and through all
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parties’ Global Release and Settlement Agreement), with permission of this Court, that this
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Dismissal dismisses with prejudice, with each party to bear their own attorney’s fees and costs,
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each and every Plaintiff and Defendant; each and every Counter-Claimant and Counter-Defendant;
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each and every Cross-Claimant and Cross-Defendant; and each and every Third-Party Plaintiff and
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Third-Party Defendant.
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IT IS FURTHER HEREBY STIPULATED by and between all of the parties to these
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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
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ALBERT D. MASSI , LTD .
3202 WEST CHARLESTON BOULEVARD
LAS VEGAS , NEVADA 89102
(702) 878-8778
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entry(ies) of default and/or default judgments (including, but not limited to, the Default Judgment
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entered in this Action on or about June 22, 2001 against Millennium Construction, Inc.; See
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Docket No. 370) be vacated and set aside and thereupon dismissed with prejudice, each party to
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bear their own attorney’s fees and costs.
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IT IS FURTHER HEREBY STIPULATED by and between all of the parties to these
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Actions, by and through their respective counsels of record (or as individuals by and through all
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parties’ Global Release and Settlement Agreement), with permission of this Court, that any and all
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pending motion(s), application(s) for attorney’s fees, objections to Orders of the Magistrate
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Judge(s), as well as any and all proposed claims (either known or unknown), including, but not
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limited to those contained (either directly and/or indirectly) in: (1) the Motion for Leave to File
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First Amended Complaint and/or Proposed First Amended Complaint [See Docket No. 383]
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(including, but not limited to, any and all claims against Gabriel Martinez, Esq. and Albert D.
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Massi, Esq., either individually and/or in any representative capacity, and any and all individuals,
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partnerships and/or entities); and (2) Objection to the Court’s Order denying Motion for Leave to
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File First Amended Complaint [See Docket No. 514] are hereby dismissed with prejudice, each
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party to bear their own attorney’s fees and costs.
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IT IS FURTHER HEREBY STIPULATED by and between all of the parties to these
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Actions, by and through their respective counsels of record (or as individuals by and through all
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parties’ Global Release and Settlement Agreement), with permission of this Court, that this
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Stipulation and Order for Dismissal with Prejudice fully incorporates by reference herein all
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parties’ Global Release and Settlement Agreement, which is attached hereto and marked as
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Exhibit “1” and fully incorporated herein by this reference.
DATED this 29th day of November, 2012.
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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
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ALBERT D. MASSI , LTD .
3202 WEST CHARLESTON BOULEVARD
LAS VEGAS , NEVADA 89102
(702) 878-8778
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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
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/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.
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ALBERT D. MASSI , LTD .
3202 WEST CHARLESTON BOULEVARD
LAS VEGAS , NEVADA 89102
(702) 878-8778
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By
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/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
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IT IS SO ORDERED this 9th day of November, 2012.
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ALBERT D. MASSI , LTD .
3202 WEST CHARLESTON BOULEVARD
LAS VEGAS , NEVADA 89102
(702) 878-8778
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_____________________________
Gloria M. Navarro
United States District Judge
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