Las Vegas Sands Corp. v. First Cagayan Leisure & Resort Corp. et al

Filing 88

ORDER Granting Plaintiff's 59 Motion to Dismiss. Defendant First Cagayan Leisure & Resort Corp's 69 Motion for Leave to File a Surreply is Denied as moot. The clerk shall enter judgment accordingly and close the case. Signed by Judge James C. Mahan on 9/22/2016. (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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LAS VEGAS SANDS CORP.,

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Plaintiff(s),

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ORDER

v.
FIRST CAGAYAN LEISURE & RESORT
CORPORATION,
Defendant(s).

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Case No. 2:14-CV-424 JCM (NJK)

Presently before the court is plaintiff Las Vegas Sands Corporation’s motion to dismiss its
claims against defendant First Cagayan Leisure & Resort Corporation with prejudice and without

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an award of attorney’s fees or costs to any party. (ECF No. 59). Defendant has filed a response,

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(ECF No. 70) and plaintiff has filed a reply (ECF No. 74).

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Federal Rule of Civil Procedure 41(a)(2) allows a plaintiff to voluntarily dismiss a claim

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by court order “on terms that the court considers proper,” with attention to whether “a defendant

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has pleaded a counterclaim before being served with the plaintiff’s motion to dismiss . . . .”

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Previously, defendant had filed a counterclaim against plaintiff and has since stated in its response
to the present motion that it does not oppose voluntary dismissal of plaintiff’s claims if it could
pursue its counterclaim against plaintiff. (ECF Nos. 57, 70). That counterclaim has since been

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dismissed. (ECF No. 87). Therefore, the present motion to dismiss is the only justiciable motion
remaining in this case.

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Therefore, pursuant to Federal Rule of Civil Procedure 41(a)(2), this court will grant the

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plaintiff’s motion to dismiss its claims with prejudice and without an award of attorney’s fees or

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costs to any party. (ECF No. 59).

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James C. Mahan
U.S. District Judge

Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion to
dismiss (ECF No. 59) be, and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that defendant’s motion for leave to file a surreply (ECF No.
69) be, and the same hereby is, DENIED as moot.
The clerk shall enter judgment accordingly and close the case.
DATED September 22, 2016.

_______________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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