Branch Banking And Trust Company v. Iny et al

Filing 70

ORDER Granting Plaintiff's 68 Motion for Voluntary Dismissal without prejudice. Signed by Judge Larry R. Hicks on 6/24/2015. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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BRANCH BANKING AND TRUST
COMPANY, a North Carolina banking
corporation,

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) Case no. 2:13-cv-00469-LRH-(PAL)
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) ORDER
Plaintiff,
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vs.
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YOEL INY; NOAM SCHWARTZ; YOEL
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INY, Trustee of the Y&T INY FAMILY
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TRUST dated June 8, 1994, as amended;
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NOAM SCHWARTZ, Trustee of the NOAM )
SCHWARTZ TRUST dated August 19, 1999; )
D.M.S.I., LLC, a Nevada limited liability
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company; and DOES 1 through 10, inclusive, )
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Defendant.
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)

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Before the court is Plaintiff’s Motion for Voluntary Dismissal of action Without

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Prejudice (#691) in which Plaintiff requests dismissal of this case without prejudice pursuant to

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the Federal Rules of Civil Procedure, Rule 41(a)(2), because the plaintiff has entered into a

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settlement and release agreement (“Agreement”) with White Beauty Development, LLC whereby

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the parties to the Agreement provide that this action will be dismissed without prejudice. If

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White Beauty Development, LLC performs pursuant to the Agreement, the loan will be paid and

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there will be no action brought against the Defendants, the original guarantors of the loan.

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However, if White Beauty Development, LLC does not perform pursuant to the Agreement,

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Plaintiff reserves its right to bring a new action against the Defendants. No opposition to the

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motion has been filed.
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Refers to the court’s docketing number.

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Good cause appearing,

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IT IS HEREBY ORDERED that this case is DISMISSED without prejudice.

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IT IS SO ORDERED.

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DATED this 24th day of June, 2015.
_______________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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