Gamble et al v. Boyd Gaming Corporation

Filing 267

JUDGMENT is entered on the 264 Final Approval Order, the 250 -2 Stipulation of Settlement and Release shall be given full force and effect, all payments due thereunder shall be made and administered in accordance with its terms, and except as s et forth therein, the parties shall bear their own attorneys' fees and costs. The Court will retain jurisdiction with respect to the implementation and enforcement of the terms of the settlement. Signed by Judge James C. Mahan on 3/8/2017. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:13-cv-01009-JCM-PAL Document 266 Filed 03/07/17 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 KAREN J. KUBIN (Pro Hac Vice) KKubin@mofo.com DEREK F. FORAN (Pro Hac Vice) DForan@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 NANCY R. THOMAS (Pro Hac Vice) NThomas@mofo.com MORRISON & FOERSTER LLP 707 Wilshire Boulevard Los Angeles, California 90017-3543 Telephone: 213.892.5200 Facsimile: 213.892.5454 SCOTT M. ABBOTT (#4500) sabbott@kzalaw.com JEN J. SARAFINA (#9679) jsarafina@kzalaw.com KAMER ZUCKER ABBOTT 3000 West Charleston Boulevard, Suite 3 Las Vegas, Nevada 89102-1990 Telephone: 702.259.8640 Facsimile: 702.259.8646 Attorneys for Defendant BOYD GAMING CORPORATION 16 17 UNITED STATES DISTRICT COURT 18 DISTRICT OF NEVADA 19 20 21 CRAIG GAMBLE, an individual; MICHAEL SIMMONS, an individual; RICHARD CALDWELL, an individual; on behalf of themselves and all others similarly situated as referenced herein, 22 23 24 25 26 Case No. 2:13-cv-01009-JCM-PAL STIPULATION FOR ENTRY OF JUDGMENT Plaintiffs, CONSOLIDATED WITH v. BOYD GAMING CORPORATION, a Nevada corporation; DOES I through V, inclusive; and ROE corporations I through V, inclusive, Defendants. 27 28 STIPULATION FOR ENTRY OF JUDGMENT sf-3746686 1 Case 2:13-cv-01009-JCM-PAL Document 266 Filed 03/07/17 Page 2 of 4 1 2 KATHY BELMONTE, an individual; MARIA HIGH, an individual, on behalf of themselves and all others similarly situated as referenced herein, Case No. 2:13-CV-01043-JCM-PAL 3 Plaintiffs, CONSOLIDATED WITH 4 vs. 5 6 BOYD GAMING CORPORATION, a Nevada corporation; DOES I through V, inclusive; and ROE corporations I through V, inclusive, 7 Defendants. 8 9 SALVADOR HERNANDEZ, an individual, and on behalf of all others similarly situated, Case No. 2:13-cv-01801-JCM-PAL 10 Plaintiffs, 11 v. 12 13 BOYD GAMING CORPORATION, a Nevada corporation; DOES I through V, inclusive; and ROE corporations I through V, inclusive, 14 Defendants. 15 16 17 Pursuant to the Court’s order (ECF No. 264) instructing the parties to prepare and file an 18 appropriate stipulated judgment for the Court’s signature, plaintiffs Kathy Belmonte, Richard 19 Caldwell, Craig Gamble, Maria High and Michael Simmons, on one hand, and defendant Boyd 20 Gaming Corporation, on the other hand, hereby stipulate, by and through their respective counsel, 21 that the Court may enter the Judgment attached as Exhibit A hereto. 22 23 24 25 26 27 28 STIPULATION FOR ENTRY OF JUDGMENT sf-3746686 2 Case 2:13-cv-01009-JCM-PAL Document 266 Filed 03/07/17 Page 3 of 4 1 Dated: March 7, 2017 Dated: March 7, 2017 2 NICHOLS KASTER PLLP MORRISON & FOERSTER LLP 3 COGBURN LAW OFFICES KAMER ZUCKER ABBOTT By: /s/ Rebekah L. Bailey Rebekah L. Bailey By: /s/ Karen J. Kubin _________________ Karen J. Kubin Attorneys for Plaintiffs KATHY BELMONTE, RICHARD CALDWELL, CRAIG GAMBLE, MARIA HIGH AND MICHAEL SIMMONS Attorneys for Defendant BOYD GAMING CORPORATION 4 5 6 7 8 9 10 FILER’S ATTESTATION 11 12 I, Karen J. Kubin, am the ECF user whose identification and password are being used to 13 file this STIPULATION FOR ENTRY OF JUDGMENT. In compliance with Special Order No. 14 109, I hereby attest that the other above-named signatory concurs in this filing. 15 Dated: March 7, 2017 16 /s/ Karen J. Kubin 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR ENTRY OF JUDGMENT sf-3746686 3 Case 2:13-cv-01009-JCM-PAL Document 266 Filed 03/07/17 Page 4 of 4 1 2 3 4 5 CERTIFICATE OF SERVICE This is to certify that on the 7th day of March 2017, the undersigned, an employee of Morrison & Foerster LLP, served a copy of the foregoing STIPULATION FOR ENTRY OF JUDGMENT through the Electronic Case Filing System of the United States District Court, District of Nevada to: 6 7 8 9 Michele R. Fisher Rebekah L. Bailey Nichols Kaster PLLP 4600 IDS Center 80th South Eighth Street Minneapolis, MN 55402 10 11 12 Jamie S. Cogburn Andrew L. Rempfer, Esq. Cogburn Law Offices 2879 St. Rose Parkway, Suite 200 Henderson, Nevada 89052 13 14 15 Scott M. Abbott Jen J. Sarafina Kamer Zucker Abbott 3000 West Charleston Boulevard, Suite 3 Las Vegas, Nevada 89102-1990 16 17 By: /s/ Karen J. Kubin An employee of Morrison & Foerster LLP 18 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR ENTRY OF JUDGMENT sf-3746686 4 Case 2:13-cv-01009-JCM-PAL Document 266-1 Filed 03/07/17 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 CRAIG GAMBLE, an individual; MICHAEL SIMMONS, an individual; RICHARD CALDWELL, an individual; on behalf of themselves and all others similarly situated as referenced herein, 13 14 15 16 Case No. 2:13-cv-01009-JCM-PAL JUDGMENT Plaintiffs, CONSOLIDATED WITH v. BOYD GAMING CORPORATION, a Nevada corporation; DOES I through V, inclusive; and ROE corporations I through V, inclusive, 17 Defendants. 18 19 KATHY BELMONTE, an individual; MARIA HIGH, an individual, on behalf of themselves and all others similarly situated as referenced herein, Case No. 2:13-CV-01043-JCM-PAL 20 Plaintiffs, CONSOLIDATED WITH 21 vs. 22 23 BOYD GAMING CORPORATION, a Nevada corporation; DOES I through V, inclusive; and ROE corporations I through V, inclusive, 24 Defendants. 25 26 27 28 JUDGMENT sf-3746692 1 EXHIBIT A Case 2:13-cv-01009-JCM-PAL Document 266-1 Filed 03/07/17 Page 2 of 2 1 2 SALVADOR HERNANDEZ, an individual, and on behalf of all others similarly situated, 3 4 5 6 Case No. 2:13-cv-01801-JCM-PAL Plaintiffs, v. BOYD GAMING CORPORATION, a Nevada corporation; DOES I through V, inclusive; and ROE corporations I through V, inclusive, 7 Defendants. 8 9 The Court having entered its final approval order (ECF No. 264) adopting Magistrate 10 Judge Leen’s report and recommendation (ECF No. 259) in its entirety, granting the unopposed 11 motion for final settlement approval filed by plaintiffs Kathy Belmonte, Richard Caldwell, Craig 12 Gamble, Maria High and Michael Simmons (ECF No. 257), approving the parties’ Stipulation of 13 Settlement and Release (ECF No. 250-2), dismissing the settling plaintiffs (ECF No. 257-2) with 14 prejudice, and dismissing the non-settling plaintiffs (ECF No. 257-15) without prejudice, 15 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Judgment shall be 16 entered in the above-captioned consolidated actions on the final approval order (ECF No. 264), 17 the Stipulation of Settlement and Release (ECF No. 250-2) shall be given full force and effect, all 18 payments due thereunder shall be made and administered in accordance with its terms, and except 19 as set forth therein, the parties shall bear their own attorneys’ fees and costs. Without affecting 20 the finality of this Judgment, the Court will retain jurisdiction with respect to the implementation 21 and enforcement of the terms of the settlement. 22 23 The clerk shall enter this Judgment forthwith. Dated: ____________________ March 8, 2017. 24 ____________________________________ James C. Mahan United States District Judge 25 26 27 28 JUDGMENT sf-3746692 2

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