Commercial Recovery Corporation vs. Bishop Corporate Solutions, LLC

Filing 22

ORDER DISMISSING CASE Granting 21 Stipulation of Dismissal without Prejudice. Signed by Chief Judge Robert C. Jones on 8/28/2013. (Copies have been distributed pursuant to the NEF - EDS)

Download PDF
Case 2:13-cv-00221-RCJ-PAL Document 21 Filed 08/22/13 Page 1 of 4 1 2 3 4 5 6 7 8 9 11 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 13 14 15 16 17 Marquis Aurbach Coffing David A. Colvin, Esq. Nevada Bar No. 4096 10001 Park Run Drive Las Vegas, Nevada 89145 Telephone: (702) 382-0711 Facsimile: (702) 382-5816 dcolvin@maclaw.com Charles N. Nauen, MN #121216 Gregory J. Myers, MN #0287398 LOCKRIDGE GRINDAL NAUEN P.L.L.P. 100 Washington Avenue South, Suite 2200 Minneapolis, MN 55401 Telephone: 612-339-6900 Facsimile: 612-339-0981 cnnauen@locklaw.com gjmyers@locklaw.com Pro Hac Vice Counsel Shawn M. Perry, MN #0185000 Perry & Perry, PLLP Parkdale Plaza, Suite 336 1660 Highway 100 South Minneapolis, MN 55416-1560 Telephone: 952- 546-3555 shawn.perry@pppllp.com Pro Hac Vice Counsel Attorneys for Plaintiff, Commercial Recovery Corporation UNITED STATES DISTRICT COURT 18 DISTRICT OF NEVADA 19 20 Commercial Recovery Corporation, Case No.: 21 2:13-cv-00221-RCJ-PAL Plaintiff, 22 23 24 vs. Bishop Corporate Solutions, LLC, 25 26 27 Defendant. STIPULATION OF DISMISSAL WITHOUT PREJUDICE AND ORDER 28 Page 1 of 4 Case 2:13-cv-00221-RCJ-PAL Document 21 Filed 08/22/13 Page 2 of 4 WHEREAS, Defendant Bishop Corporate Solutions, LLC (“Bishop”), represents and 1 2 warrants to Plaintiff and the Court that: • 3 On April 1, 2013, Bishop ceased operations, terminated its employees and its accounts were turned back to its clients; 4 • 5 Bishop’s licenses have been surrendered to the state of Nevada and it has no operations or assets; 6 7 • Bishop’s charter expires in August 2013; 8 • On June 28, 2013, a default judgment was entered against Bishop in Heflin v. Bishop Corporate Solutions, LLC, et al, Clark County Nevada District Court Case 10 No. A-11-634766-C in the amounts of $71,761.59, $39,149.30 and $16,111.61. 11 Bishop has no ability to satisfy said judgments; 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 9 • Bishop is no longer in business and will soon cease to exist; and 13 • Bishop has no intent of conducting business in the future through Bishop or any other company using Bishop’s assets. 14 15 WHEREAS, Bishop further represents and warrants to Plaintiff and the Court that Bishop 16 has no assets or income, has not and will not transfer any of Bishop’s assets that have not already 17 been transferred to others and lacks the resources to settle this action or satisfy any eventual 18 judgment; and 19 WHEREAS, Bishop further represents and warrants to Plaintiff and the Court that it 20 understands that Plaintiff, Plaintiff’s counsel and the Court are relying on its representations in 21 entering into this Stipulation, that said representations are true and correct and that Plaintiff 22 would not be knowingly entering into this Stipulation if any of the representations are incorrect 23 or not truthful. NOW, THEREFORE, based on the forgoing representations and warranties, the parties, 24 25 through their respective counsel, hereby stipulate and agree as follows: 26 /// 27 /// 28 Page 2 of 4 Case 2:13-cv-00221-RCJ-PAL Document 21 Filed 08/22/13 Page 3 of 4 1. 1 2 This action may be dismissed pursuant to an order entered upon this stipulation without prejudice and without costs or attorneys’ fees to either party; 2. 3 If any of the representation and warranties of the parties are knowingly inaccurate 4 and untruthful in any respect, this action may be reopened or re-initiated by Plaintiff, nunc pro 5 tunc to the original filing date of this action; and 3. 6 If reopened or re-initiated by Plaintiff any and all defenses relating to statutes of 7 limitations or time periods for which Plaintiff can seek damages are hereby waived by Bishop 8 and shall be tolled such that Plaintiff may seek damages as would have been permitted based on 9 the original commencement date of this action. However, Bishop does not waive any of the defenses it may have had on the date of the filing of this action. Dated this 22nd day of August, 2013. 11 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 MARQUIS AURBACH COFFING 13 14 By /s/ David A. Colvin David A. Colvin, Esq. Nevada Bar No. 4096 10001 Park Run Drive Las Vegas, Nevada 89145 15 16 17 Charles N. Nauen, MN #121216 Gregory J. Myers, MN #0287398 LOCKRIDGE GRINDAL NAUEN P.L.L.P. 100 Washington Avenue South, Suite 2200 Minneapolis, MN 55401 Pro Hac Vice Counsel 18 19 20 Shawn M. Perry, MN #0185000 Perry & Perry, PLLP Parkdale Plaza, Suite 336 1660 Highway 100 South Minneapolis, MN 55416-1560 21 22 23 Pro Hac Vice Counsel 24 Attorneys for Plaintiff 25 26 27 /// /// 28 Page 3 of 4 Case 2:13-cv-00221-RCJ-PAL Document 21 Filed 08/22/13 Page 4 of 4 1 2 By /s/ Robert S. Qualey Robert S. Qualey, Esq. DOTSON & QUALEY Robert S. Qualey, Esq. Nevada Bar Number 003570 2320 Paseo Del Prado, Ste. B-205 Las Vegas, Nevada 89102 nevadacollections@qualeylaw.com (702) 474-6677 3 4 5 6 7 Attorneys for Defendant 8 IT IS SO ORDERED: 9 ROBERT C. JONES CHIEF U.S. DISTRICT JUDGE 11 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 Dated: August 28, 2013. DATED: 13 , 2013 14 15 CERTIFICATE OF SERVICE 16 17 That on the 22nd day of August, 2013, I served a true and correct copy of the forgoing Stipulation of Dismissal Without Prejudice and Order on all counsel of record via the Court’s 18 Electronic Filing System as follows: 19 David A. Colvin dcolvin@marquisaurbach.com 21 Gregory J. Myers gjmyers@locklaw.com, 22 Robert S. Qualey nevadacollections@qualeylawfirm.com 23 Shawn M. Perry shawn.perry@pppllp.com 20 24 25 By 26 /s/ Shawn M. Perry Shawn M. Perry /// 27 28 /// Page 4 of 4

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?