Craig P. Kenny & Associates v. Bardiqi et al

Filing 18

ORDER Granting 17 Stipulation to Distribute Interpleader Proceeds and Dismiss Case. See Order for details. IT IS FURTHER ORDERED that this case is dismissed with prejudice. Signed by Judge James C. Mahan on 8/4/15. (Copies have been distributed pursuant to the NEF - PS)

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CHRISTENSEN JAMES & MARTIN
DARYL E. MARTIN, ESQ.
Nevada Bar No. 6735
Email: [e-mail]
7440 W. Sahara Avenue
Las Vegas, Nevada 89117
Telephone: [phone]
Facsimile: [phone]
Attorneys for Unite Here Health

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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*****

CHRISTENSEN JAMES & MARTIN

7440 WEST SAHARA AVE., LAS VEGAS, NEVADA 89117
PH: [phone] § FAX: [phone]

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CRAIG P. KENNY & ASSOCIATES,
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CASE NO.: 15-cv-00093-JCM-VCF

Plaintiff,
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vs.
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ARSIM BARDIQI, both individually and as
Guardian Ad Litem of ALBINA BARDIQI and
ALBI BARDIQI; LUMNIJE BINAKU,
individually; CULINARY HEALTH FUND;
JACKSON PHYSICAL THERAPY; DOES I
through X, inclusive,

STIPULATION TO DISTRIBUTE
INTERPLEADER PROCEEDS
AND DISMISS CASE

Defendants.
and Related Counterclaims and Crossclaims

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Plaintiff CRAIG P. KENNY & ASSOCIATES and Defendants ARSIM BARDIQI,

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LUMNIJE BINAKU, UNITE HERE HEALTH (aka Culinary Health Fund) and JACKSON

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PHYSICAL THERAPY, each acting through their respective counsel, hereby stipulate and agree

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as stated below. This case was commenced by the filing of a Complaint in Interpleader relating

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to tort claims asserted by LUMNIJE BINAKU and by ARSIM BARDIQI, both individually and
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as Guardian Ad Litem of ALBINA BARDIQI and ALBI BARDIQI (both minors). All persons

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named in the Complaint in Interpleader and in the related Crossclaims and Counterclaims are

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parties to this Stipulation.

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IT IS HEREBY STIPULATED AND AGREED that CRAIG P. KENNY &

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ASSOCIATES, UNITE HERE HEALTH and JACKSON PHYSICAL THERAPY each have

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valid liens against the $30,000 in tort recoveries obtained by Defendants Arsim Bardiqi and

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Lumnije Binaku, the proceeds of which are presently held by Plaintiff CRAIG P. KENNY &
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ASSOCIATES.
IT IS FURTHER STIPULATED AND AGREED that the sum of $6,285.00 may be
retained by Plaintiff CRAIG P. KENNY & ASSOCIATES.
IT IS FURTHER STIPULATED AND AGREED that the sum of $18,800.00 be
distributed to Defendant UNITE HERE HEALTH.
IT IS FURTHER STIPULATED AND AGREED that the sum of $4,115.00 be

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distributed to Defendant JACKSON PHYSICAL THERAPY.
IT IS FURTHER STIPULATED AND AGREED that the sum of $800.00 be distributed

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to Defendant ARSIM BARDIQI, as Guardian Ad Litem of ALBINA BARDIQI ($350) and

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ALBI BARDIQI ($450).

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IT IS FURTHER STIPULATED AND AGREED that the value of the valid liens related
to the medical treatments that restored Defendants ARSIM BARDIQI and LUMNIJE BINAKU

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to a reasonable state of health exceed the amount of the tort recoveries they obtained
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individually, such that ARSIM BARDIQI and LUMNIJE BINAKU shall not retain any portion
of the recoveries currently held by the Plaintiff.

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IT IS FURTHER STIPULATED AND AGREED that this matter may be dismissed with
prejudice.

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DATED this 29th day of July, 2015.

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CHRISTENSEN JAMES & MARTIN

CRAIG P. KENNY & ASSOCIATES

By: /s/ Daryl E. Martin
Daryl E. Martin, Esq.
Nevada Bar No. 6735
7440 W. Sahara Avenue
Las Vegas, NV 89117
Tel.: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Unite Here Health

By:

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CLEAR COUNSEL LAW GROUP

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By:

/s/ Bradley L. Kenny
Bradley L. Kenny, Esq.
Nevada Bar No. 5033
501 S. Eighth Street
Las Vegas, Nevada 89101
Tel.: [phone]
Email: [e-mail]
Attorneys for Plaintiff and for Arsim
Bardiqi and Lumijne Binaku

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/s/ Amy K. Crighton
Amy K. Crighton, Esq.
Nevada Bar No. 12421
50 S. Stephanie Suite 101
Henderson, NV 89012
Tel.: [phone]
E-mail: [e-mail]
Attorneys for Jackson Physical
Therapy

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ORDER

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This matter having been stipulated to by all parties to this Case through their respective
counsel, and the Court being otherwise duly advised;

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IT IS HEREBY ORDERED that Plaintiff CRAIG P. KENNY & ASSOCIATES,

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UNITE HERE HEALTH and JACKSON PHYSICAL THERAPY each have valid liens against

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the $30,000 in tort recoveries (“Recoveries”) obtained by Defendants Arsim Bardiqi and

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Lumnije Binaku, the proceeds of which are presently held by Plaintiff CRAIG P. KENNY &

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ASSOCIATES.

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IT IS FURTHER ORDERED that out of the Recoveries, the sum of $6,285.00 shall be
distributed to Plaintiff CRAIG P. KENNY & ASSOCIATES.
IT IS FURTHER ORDERED that the sum of $18,800.00 be distributed by the Plaintiff
to Defendant UNITE HERE HEALTH or to its counsel of record.
IT IS FURTHER ORDERED that the sum of $4,115.00 be distributed by the Plaintiff
to Defendant JACKSON PHYSICAL THERAPY or to its counsel of record.
IT IS FURTHER ORDERED that the sum of $800.00 be distributed by the Plaintiff to
Defendant ARSIM BARDIQI, as Guardian Ad Litem of ALBINA BARDIQI ($350) and ALBI
BARDIQI ($450).
IT IS FURTHER ORDERED that this Case is dismissed with prejudice.
DATED: August 4, 2015.

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____________________________________
UNITED STATES DISTRICT JUDGE

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