Brincko v Rio Properties Inc

Filing 406

ORDER DISMISSING CASE Granting 405 Stipulation of Dismissal with prejudice. Signed by Judge Philip M. Pro on 8/28/2014. (Copies have been distributed pursuant to the NEF - EDS)

Case 2:10-cv-00930-PMP-PAL Document 405 Filed 08/28/14 Page 1 of 3

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JOHN R. BAILEY
Nevada Bar No. 000137
DENNIS L. KENNEDY
Nevada Bar No. 001462
RUSSELL J. BURKE
Nevada Bar No. 12710
BAILEY KENNEDY
8984 Spanish Ridge Avenue

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Las Vegas, Nevada 89148
Telephone: [phone]
j baileyCfbaileykennedy. com

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dkennedyCfbaileykennedy.com
rburkeCfbailevkeimed y. com

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BIJAN AMINI (Pro Hac Vice)
UTA BETH WRIGHT (Pro Hac Vice)
NOAM BESDIN (Pro Hac Vice)
STORCH AMINI & MUNVES PC
140 East 45th Street
New York, New York 10017

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Telephone: [phone]

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baminiCfsamlegal.com
IbwrightCfsamlegal.com
nbesdin(âsamlegal.com

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Attorneys for Plaintif

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JOHN P. BRINCKO, as Chapter 11
Trustee Of Debtor National Consumer
Mortgage, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOHN P. BRINCKO, as Chapter 11 Trustee of )

2: 10-cv-00930-PMP-PAL

Debtor National Consumer Mortgage, LLC, )
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Plaintiff, )

vs. )

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RIO PROPERTIES INC., )

Defendant. )

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BAILEY.:. KENNEDY
1984 SPANISH RIDGE AVENUE
LAS VEGAS, NEVADA 89148

PHONE [phone]

FAX [phone] I

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STIPULATION OF DISMISSAL AND
(PROPOSED) ORDER

Case 2:10-cv-00930-PMP-PAL Document 405 Filed 08/28/14 Page 2 of 3

1 WHEREAS, the above-captioned action (the "Action") was tried before ajury from
Nevada, Case No.

2 January 21 to February 3, 2014, in the United States District Court, District of

3 2: LO-CV -00930;

4 WHEREAS, the jury rendered its verdict on February 3, 2014; and
5 WHEREAS, defendant Rio Properties, Inc. (the "Rio") filed a proposed judgment on
6 February 11,2014 (Docket No. 382), which plaintiff John P. Brincko (the "Trustee"), as Chapter

Debtor National Consumer Mortgage, LLC (the "Debtor") opposed on March 3,

7 11 Trustee of

8 2014 (Docket No. 386), to which Rio replied on March 10,2014 (Docket No. 387); and

9 WHEREAS, Plaintiff fied a proposed judgment, and moved the Court for prejudgment
10 interest and post-judgment interest, on February 13,2014 (Docket No. 383) ("Plaintiffs

replied on

11 Motion"), which Rio opposed on March 3, 2014 (Docket No. 385), to which Plaintiff

12 March 10,2014 (Docket No. 388); and

13 WHEREAS,-the Court issued an Order, dated May 8, 2014 (Docket No. 389), granting
14 in part and denying in part Rio's Motion, and granting in part and denying in part Plaintiffs

15 Motion (the "May 8 Order");
16 WHEREAS, the May 8 Order directed Plaintiff

to fie, by June 6, 2014, a proposed

17 judgment consistent with the jury's verdict and the May 8 Order;

18 WHEREAS, pursuant to the May 8 Order, Plaintiff fied a Notice of Submission of
19 Proposed Judgment on May 22, 2014 (Dkt No. 301) (the "Proposed Judgment");

20 WHEREAS, on June 3, 2014, the parties executed a settlement agreement resolving the
21 disputes between them (the "Settlement");
22 WHEREAS, Plaintiff, as Chapter 11 Trustee of

the Debtor, fied a motion on June 18,

23 2014 pursuant to Fed. Bank. R. 9019 in the United States Bankuptcy Court for the Central
24 District of

Cali

fomi

a (the "Bankruptcy Court"), where the Debtor's bankptcy case is pending,

25 seeking an order approving the Settlement (the "9019 Motion "),.
BAILEY.:. KENNEDY
1984 SPANISH RIDGE AVENUE
LAS VEGAS, NEVADA 89148

PHONE [phone] _ 2 _
FAX [phone]

Case 2:10-cv-00930-PMP-PAL Document 405 Filed 08/28/14 Page 3 of 3

1 WHEREAS, on July 28,2014, this Court ordered the parties to file ajoint status report
2 regarding the proceedings before the Bankruptcy Court on or before August 28, 2014 (Docket
3 No.

404);

4 WHEREAS, on August 26,2014, the Bankruptcy Court entered an Order approving the
5 Settlement (Case 8:06-bk-l0429-TA, Docket No. 694);

and the Rio,

6 IT is HEREBY STIPULATED AND AGREED, by and between Plaintiff

7 by and through their respective undersigned counsel, that the Action is hereby dismissed with
8 prejudice in its entirety pursuant to Rule 41(a)(I)(ii) of

the Federal Rules of

Civil Procedure.

9 Respectfully submitted,

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BAILEY KENNEDY LLP

HOLLEY,

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By: Is/Russell J Burke
JOHN R. BAILEY
DENNIS L. KENNEDY
RUSSELL J. BURKE
8984 Spanish Ridge Avenue

By: Is/James D. Boyle
JAMES D. BOYLE
400 South Fourth Street, Third Floor

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DRIGGS, WALCH,PUZEY &
THOMPSON

Las Vegas, Nevada 89101

Las Vegas, Nevada 89148
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STORCH AMINI & MUNVES PC

GIBSON, DUNN & CRUTCHER LLP

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BIJAN AMINI
LIT
A BETH WRIGHT
NOAM M. BESDIN
140 East 45th Street
New York, New York 10017

JAMES P. FOGELMAN
SHANNON E. MADER
333 South Grand Avenue, Forty-Seventh Floor
Los Angeles, California 90071

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Attorneys for Plaintif

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JOHN P. BRINCKO, as Chapter 11
Trustee Of Debtor National Consumer
Mortgage, LLC

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Attorneys for Defendant
RIO PROPERTIES, INC.

21 IT is SO ORDERED.
22 Dated this 28th of August, 2014.
_ day

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PHILIP M. PRO,
UNITED STATES DISTRICT JUDGE

BAILEY.:. KENNEDY
1984 SPANISH RIDGE A VENUE
LAS VEGAS, NEVADA 89148

PHONE [phone]

FAX [phone] I

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