Trustees of the Teamsters Local 631 Security Fund for Southern Nevada v. Knox Installation-Dismantling and Services, Inc. et al

Filing 23

ORDER Granting 22 Motion to Dismiss Case without Prejudice. Signed by Judge James C. Mahan on 12/9/10. (Copies have been distributed pursuant to the NEF - ASB)

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Trustees of the Teamsters Local 631 Security Fund for Southern Nevad...ling and Services, Inc. et al Doc. 23 Case 2:10-cv-00772-JCM-PAL Document 22 Filed 10/21/10 Page 1 of 3 1 2 3 4 5 6 7 8 9 BROWNSTEIN HYATT FARBER SCHRECK, LLP 100 North City Parkway, Suite 1600 Las Vegas, Nevada 89106 (702) 382-2101 Adam P. Segal, Esq., Nevada Bar No. 6120 Dana B. Krulewitz, Esq., Nevada Bar No. 11180 BROWNSTEIN HYATT FARBER SCHRECK, LLP 100 North City Parkway, Suite 1600 Las Vegas, Nevada 89106-4614 Telephone: (702) 464-7000 Facsimile: (702) 382-8135 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TRUSTEES OF THE TEAMSTERS LOCAL 631 SECURITY FUND FOR SOUTHERN NEVADA, Plaintiffs, vs. KNOX INSTALLATION DISMANTLING AND SERVICES, INC., a revoked Nevada corporation; and WESTERN INSURANCE COMPANY, Defendants. Case No. 2:10-cv-00772-JCM-PAL MOTION TO DISMISS WITHOUT PREJUDICE Plaintiffs, the Trustees of the Teamsters Local 631 Security Fund for Southern Nevada (hereinafter "Security Fund"), hereby move for dismissal of this action without prejudice as to both Knox Installation-Dismantling and Services, Inc. ("Knox") and Western Insurance Company ("Western") pursuant to Rule 41 of the Federal Rules of Civil Procedure. Following the filing of an answer or motion for summary judgment, Rule 41(a)(2) of the Federal Rules of Civil Procedure provides that an action may be dismissed at the plaintiff's request by court order. The Security Fund has settled all alleged claims against Knox and believes that the underlying dispute has been resolved. As such, the Security Fund has decided not to pursue Knox or Western at this time. /// /// 20036\109\1459727.1 1 Dockets.Justia.com Case 2:10-cv-00772-JCM-PAL Document 22 Filed 10/21/10 Page 2 of 3 1 2 3 4 5 6 7 8 9 BROWNSTEIN HYATT FARBER SCHRECK, LLP 100 North City Parkway, Suite 1600 Las Vegas, Nevada 89106 (702) 382-2101 Based on the foregoing, the Security Fund requests that this matter be dismissed without prejudice, with each party to bear its own costs. DATED this 21st day of October, 2010 BROWNSTEIN HYATT FARBER SCHRECK, LLP By/s/ Dana Krulewitz________________________ Adam P. Segal, Esq., Nevada Bar No. 6120 Dana B. Krulewitz, Esq., Nevada Bar No. 11180 100 North City Parkway, Suite 1600 Las Vegas, Nevada 89106-4614 Telephone: (702) 464-7000 Facsimile: (702) 382-8135 Attorneys for Plaintiffs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20036\109\1459727.1 ORDER IT IS HEREBY ORDERED. ________________________________________ United States District Court Judge / United States Magistrate Judge December 9, 2010 Dated: _________________________________ Case No. 2:10-cv-00772-JCM-PAL 2 Case 2:10-cv-00772-JCM-PAL Document 22 Filed 10/21/10 Page 3 of 3 1 2 3 4 5 6 7 8 9 BROWNSTEIN HYATT FARBER SCHRECK, LLP 100 North City Parkway, Suite 1600 Las Vegas, Nevada 89106 (702) 382-2101 CERTIFICATE OF SERVICE I am employed by the law firm of Brownstein Hyatt Farber Schreck in Clark County. I am over the age of 18 and not a party to this action. My business address is 100 North City Parkway, Suite 1600, Las Vegas, Nevada 89106-4614. On the 21st day of October, 2010, I served the document(s), described as: MOTION TO DISMISS WITHOUT PREJUDICE by placing the original addressed as follows: a true copy thereof enclosed in a sealed envelope a. ECF System (You must attach the "Notice of Electronic Filing", or list all persons and addresses and attach additional paper if necessary) b. BY U.S. MAIL. I deposited such envelope in the mail at Las Vegas, Nevada. The envelope(s) were mailed with postage thereon fully prepaid. I am readily familiar with Brownstein Hyatt Farber Schreck, LLP's practice of collection and processing correspondence for mailing. Under that practice, documents are deposited with the U.S. Postal Service on the same day which is stated in the proof of service, with postage fully prepaid at Las Vegas, Nevada in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date stated in this proof of service. Knox Installation Dismantling and Services, Inc. 2628 E. Lone Mountain Road North Las Vegas, NV 89081 Kurt Faux, Esq. Peter Novak, Esq. 1540 W. Warm Springs Road, Suite 100 Henderson, Nevada 89014 Attorneys for Western Insurance Company c. BY PERSONAL SERVICE. d. BY DIRECT EMAIL e. BY FACSIMILE TRANSMISSION I declare under penalty of perjury that the foregoing is true and correct. /s/ Ebony Davis__________________ An employee of Brownstein Hyatt Farber Schreck, LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20036\109\1459727.1 3

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