Rose v. Washtronics of America et al

Filing 45

ORDER DISMISSING CASE Granting 44 Stipulation of Dismissal with prejudice. Each party to bear its own fees and costs. All pending motions are DENIED as moot. The Clerk of Court shall enter judgment accordingly. Signed by Judge Jennifer A. Dorsey on 01/16/2014. (Copies have been distributed pursuant to the NEF - AC)

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1 2 3 4 5 6 RICHARD F. HOLLEY, ESQ. Nevada Bar No. 3077 E-mail: rholley@nevadafirm.com OGONNA M. ATAMOH, ESQ. Nevada Bar No. 7589 E-mail: oatamoh@nevadafirm.com COTTON, DRIGGS, WALCH, HOLLEY, WOLOSON & THOMPSON 400 South Fourth Street, Third Floor Las Vegas, Nevada 89101 Telephone: 702/791-0308 Attorneys for Robert Andrew Rose 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 ROBERT ANDREW ROSE, an individual, 12 13 14 15 16 CASE NO.: Plaintiff, 11 v. WASHTRONICS OF AMERICA, a Nevada corporation; KEN PRAZNUIK, an individual; CHRIS MEDLAND, an individual; FRONTIER CAPITAL PARTNERS LIMITED PARTNERSHIP, a Canadian limited partnership; MERCOR MANAGEMENT, INC., a Canadian corporation; RICHARD GUY GIRARDIN, an individual, 2:13-cv-00568-JAD-NJK STIPULATION AND ORDER OF DISMISSAL OF ALL CLAIMS WITH PREJUDICE 17 Defendants. 18 19 FRONTIER CAPITAL PARTNERS LIMITED PARTNERSHIP, a Canadian limited partnership, 20 21 22 23 Counterclaimant, v. ROBERT ANDREW ROSE, an individual, DOES I through XX, inclusive, and ROE CORPORATIONS I through XX, inclusive, Counterdefendant. 24 25 Pursuant to Fed. R. Civ. P. 41(a)(1) and L.R. 7-1, and in accordance with the terms of a 26 confidential Settlement Agreement, Plaintiff and Counter-Defendant Robert Andrew Rose 27 (“Rose”) and Defendant and Counterclaimant Frontier Capital Partners Limited Partnership 28 (“Frontier”) and Defendants Ken Praznuik (“Praznuik”), Chris Medland (“Medland”), Richard -109363-02/1197439.doc 1 Guy Girardin (“Girardin”) and Mercor Management, Inc. (“Mercor”) (collectively, the 2 “Parties”), hereby provide notice to this Court that the Parties have settled all claims between 3 them and jointly move for an order of dismissal with prejudice of the above-captioned 4 proceeding, including all claims and/or counterclaims alleged by the Parties in this action. 5 Accordingly, the Parties respectfully requests that this Court enter an order dismissing 6 with prejudice all claims and counterclaims in this action, each party to bear its own costs and 7 fees. 8 The Parties stipulate that upon the entry of the this Stipulation and Order of Dismissal of 9 All Claims with Prejudice, Nevada Title Company shall immediately release and disburse the 10 funds held by Nevada Title Company in Escrow No. 12-06-1431-DTL to Plaintiff and Counter- 11 Defendant Robert Andrew Rose, to be paid to the client trust account with the law firm of 12 Cotton, Driggs, Walch, Holley, Woloson & Thompson. 13 ... 14 ... 15 ... 16 ... 17 ... 18 ... 19 ... 20 ... 21 ... 22 ... 23 ... 24 ... 25 ... 26 ... 27 ... 28 ... -209363-02/1197439.doc 1 2 3 4 In accordance with the terms of the Settlement Agreement executed by and between the Parties, this Court shall retain jurisdiction to enforce the Settlement Agreement, if necessary. DATED this 15th day of January, 2014. COTTON, DRIGGS, WALCH, HOLLEY, WOLOSON & THOMPSON SMITH LARSEN & WIXOM /s/ Ogonna M. Atamoh RICHARD F. HOLLEY, ESQ. Nevada Bar No. 3077 OGONNA M. ATAMOH, ESQ. Nevada Bar No. 7589 400 South Fourth Street, Third Floor Las Vegas, Nevada 89101 Attorneys for Plaintiff/Counterdefendant Robert Andrew Rose /s/ Michael B. Wixom MICHAEL B. WIXOM, ESQ. Nevada Bar No. 2812 KATIE M. WEBER, ESQ. Nevada Bar No. 11736 1935 Village Center Circle Las Vegas, Nevada 89134 Attorneys for Defendant/Counterclaimant Frontier Capital Partners Limited Partnership 5 6 7 8 9 10 11 12 IGLODY LAW OFFICE 13 14 15 16 _/s/ Lee I. Iglody_____________________ LEE I. IGLODY, ESQ. Nevada Bar No. 7757 5940 South Rainbow Boulevard Las Vegas Nevada 89118 Attorney for Defendants Mercor, Praznuik, Medland and Girardin 17 ORDER 18 19 20 21 22 23 24 25 Based upon the parties' stipulation and settlement, IT IS HEREBY ORDERED that this action is DISMISSED with prejudice, each party to bear its own fees and costs. All pending motions are denied as moot. to bearIT IS SOfees and costs. All pending motions are denied as moot. its own ORDERED. The Clerk of Court shall enter judgment accordingly. UNITED STATES DISTRICT JUDGE Dated: January 16, 2014. Dated: January 15, 2014 ____________________________ UNITED STATES DISTRICT JUDGE 26 27 28 -309363-02/1197439.doc

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