Wynn Resorts Holdings, LLC v. Encore Lounge & Grill, LLC

Filing 22

ORDER that 6 Motion to Dismiss or Transfer is DENIED as moot. Signed by Judge James C. Mahan on 8/7/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 WYNN RESORTS HOLDINGS, LLC, 8 Plaintiff(s), 9 10 Case No. 2:16-CV-1041 JCM (GWF) ORDER v. ENCORE LOUNGE & GRILL, LLC, 11 Defendant(s). 12 13 14 Presently before the court is defendant Encore Lounge & Grill, LLC’s motion to dismiss for lack of personal jurisdiction or to transfer venue. (ECF No. 6). 15 On July 26, 2017, the parties in this case submitted a joint status report stating that “the 16 parties have reached a resolution of this matter and have agreed upon and circulated the final 17 settlement agreement.” (ECF No. 21 at 2). Moreover, they submit that “[t]here is no action to be 18 taken by the Court at this time. The complaint will be dismissed upon execution of the settlement 19 agreement.” (Id.). 20 In light of the parties’ joint status report, this court will deny the instant motion as moot. 21 If the settlement agreement is not executed within thirty (30) days, the parties will file a notice 22 with the court. In that instance, defendant will have fourteen (14) days from the date that notice 23 is submitted to refile the instant motion. 24 ... 25 ... 26 ... 27 ... 28 ... James C. Mahan U.S. District Judge 1 Accordingly, 2 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that defendant’s motion to 3 dismiss or transfer (ECF No. 6) be, and the same hereby is, DENIED as moot, pursuant to the 4 foregoing. 5 6 7 DATED August 7, 2017. __________________________________________ UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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