Slep-Tone Entertainment Corporation v. Ellis Island Casino & Brewery et al

Filing 73

ORDER Granting 35 Motion to Dismiss. Denying 36 Motion to Sever. Granting 38 Motion to Dismiss. Denying 39 Motion to Sever. Defendants Dave Corral, Mike Corral, Showtyme Karaoke & DJ, Ghost Riders Inc. d/b/a Calico Jacks Saloon, Mike Gordon, Johnny Valenti, and Gold Spike Holdings, LLC are DISMISSED. Signed by Judge Kent J. Dawson on 5/21/2012. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 SLEP-TONE ENTERTAINMENT CORPORATION, 11 Case No. 2:12-CV-00239-KJD-RJJ Plaintiff, 12 ORDER v. 13 14 15 ELLIS ISLAND CASINO & BREWERY, et al., Defendants. 16 17 Before the Court is the Motion to Dismiss (#35) and Motion to Sever (#36) of Defendants 18 Gilley’s Las Vegas and Treasure Island, LLC. No opposition has been filed. Defendants Dave Corral, 19 Mike Corral, Showtyme Karaoke & DJ, Ghost Rider’s Inc. d/b/a Calico Jack’s Saloon, and Mike 20 Gordon (the “Showtyme Defendants”), Defendant Johnny Valenti, and Defendant Gold Spike 21 Holdings, LLC have joined this motion (#60, #63 #64).1 22 Also before the Court is the Motion to Dismiss (#38) and Motion to Sever (#39) of 23 Defendants NP Boulder, LLC and NP Palace, LLC. No opposition has been filed. The Showtyme 24 Defendants and Johnny Valenti have joined this motion (#61, #63). 25 26 1 The parties are reminded that District of Nevada Special Order 109 requires that “[a] separate document must be filed for each type of document or purpose.” 1 District of Nevada Local Rule 7-2(d) states, in relevant part: “[t]he failure of an 2 opposing party to file points and authorities in response to any motion shall constitute a consent to 3 the granting of the motion.” D. Nev. L.R. 7-2(d). 4 Despite extensions granted to Plaintiff (#51, #58, #58) and despite the recent Order (#55) 5 granting another Defendants’ unopposed motion to dismiss in this case, Plaintiff has failed to timely 6 respond to the motions to dismiss and motions to sever. 7 Accordingly, IT IS HEREBY ORDERED THAT the Motion to Dismiss (#35) of 8 Defendants Gilley’s Las Vegas and Treasure Island, LLC is GRANTED and that the Motion to 9 Sever (#36) is DENIED as moot. 10 IT IS FURTHER ORDERED THAT the Motion to Dismiss (#38) of Defendants NP 11 Boulder, LLC and NP Palace, LLC is GRANTED and that the Motion to Sever (#39) is DENIED as 12 moot. 13 IT IS FURTHER ORDERED THAT Defendants Dave Corral, Mike Corral, Showtyme 14 Karaoke & DJ, Ghost Rider’s Inc. d/b/a Calico Jack’s Saloon, Mike Gordon, Johnny Valenti, and 15 Gold Spike Holdings, LLC are DISMISSED. 16 DATED this 21st day of May 2012. 17 18 19 20 _____________________________ Kent J. Dawson United States District Judge 21 22 23 24 25 26 2

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