Boston Dental Group, LLC v. Affordable Care, LLC

Filing 108

ORDER granting 107 Stipulation of Dismissal without prejudice. The Order Granting Stipulation Regarding Satisfaction of Attorneys' Fees and Costs Incurred (ECF No. 82 ) is VACATED. Case terminated. Signed by Judge Richard F. Boulware, II on 11/29/2018. (Copies have been distributed pursuant to the NEF - MMM)

SCOTT R. COOK, ESQ.
Nevada Bar No. 005265
JONATHAN D. BLUM, ESQ.
Nevada Bar No. 009515
KOLESAR & LEATHAM
400 South Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
-andSCOTT J. SLAVICK, ESQ. (IL Bar No. 6256681) – Admitted Pro Hac Vice
SHARON E. CALHOUN, ESQ. (IL Bar No. 6294212) - Admitted Pro Hac Vice
HANNAH Y. JUROWICZ, ESQ. (IL Bar No. 6317050) – Admitted Pro Hac Vice
BARACK FERRAZZANO KIRSCHBAUM & NAGELBERG LLP
200 W. Madison Street, Suite 3900
Chicago, Illinois 60606
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
AFFORDABLE CARE, LLC
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No.: 2:16-cv-01636-RFB-CWH

BOSTON DENTAL GROUP, LLC, a Nevada
limited liability company,
Plaintiff,

JOINT STIPULATION FOR
DISMISSAL WITHOUT PREJUDICE
OF ALL CLAIMS AND
COUNTERCLAIMS

vs.
AFFORDABLE CARE, LLC, a North
Carolina limited liability company,
Defendant.
AND RELATED COUNTERCLAIM

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Pursuant to an agreement reached between Plaintiff/Counterclaim Defendant Boston
Dental Group, LLC (“Boston Dental”), by and through its counsel, Michael R. Mushkin &
Associates P.C. and Borghese Legal, Ltd., on the one hand, and Defendant/Counterclaim Plaintiff
Affordable Care, LLC (“Affordable Care”), by and through its counsel, Kolesar & Leatham and
Barack Ferrazzano Kirschbaum & Nagelberg LLP, the Parties hereby stipulate that:
1. The Stipulation and Order Regarding Satisfaction of Attorneys’ Fees and Costs Incurred
entered as Docket #82 on December 20, 2017 is VACATED.
2. This action be dismissed without prejudice, each party to bear its own costs and fees.
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3. With the consent of the Court, the Court shall retain jurisdiction for the limited purpose
of enforcing the parties’ settlement agreement.
IT IS SO STIPULATED.
DATED this November 27, 2018

DATED this November 27, 2018

KOLESAR & LEATHAM

BORGHESE LEGAL, LTD.

By /s/ Sharon E. Calhoun
SCOTT R. COOK, ESQ.
Nevada Bar No. 005265
JONATHAN D. BLUM, ESQ.
Nevada Bar No. 009515
400 South Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
[e-mail]
[e-mail]

By /s/ Mark Borghese
MARK BORGHESE, ESQ.
Nevada Bar No. 6231
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
[e-mail]

SCOTT J. SLAVICK, ESQ. (IL Bar No.
6256681) Admitted Pro Hac Vice
SHARON E. CALHOUN, ESQ. (IL Bar No.
6294212) - Admitted Pro Hac Vice
HANNAH Y. JUROWICZ, ESQ. (IL Bar No.
6317050) – Admitted Pro Hac Vice
BARACK FERRAZZANO KIRSCHBAUM &
NAGELBERG LLP
200 W. Madison Street, Suite 3900
Chicago, Illinois 60606
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]

MICHAEL R. MUSHKIN, ESQ.
Nevada Bar No. 2421
MICHAEL R. MUSHKIN & ASSOCIATES P.C.
4475 S. Pecos Road
Las Vegas, Nevada 89121
[e-mail]

Attorneys for Plaintiff
Boston Dental Group, LLC

Attorneys for Defendant
Affordable Care, LLC
ORDER
IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE
DATED: November 29, 2018.
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CERTIFICATE OF SERVICE
I am a resident of Clark County, Nevada and am over the age of 18 years and not a party
to the action. My business address is: 10161 Park Run Drive, Suite 150, Las Vegas, Nevada, 89145.
On November 27, 2018, I served this document on the parties listed on the attached service
list via one or more of the methods of service described below as indicated next to the name of the
served individual or entity by a checked box:
PERSONAL SERVICE: by personally hand-delivering or causing to be hand delivered
by such designated individual whose particular duties include delivery of such on behalf
of the firm, addressed to the individual(s) listed, signed by such individual or
his/her representative accepting on his/her behalf. A receipt of copy signed and dated by
such an individual confirming delivery of the document will be maintained with the
document and is attached.
EMAIL: By transmitting a copy of the document to the electronic-mail address designated
by the attorney or the party who has consented to such manner of service.
E-FILE: Automatically through the court’s electronic filing system.
FAX SERVICE: by transmitting to a facsimile machine maintained by the attorney or the
party who has consented to such manner of service.
MAIL SERVICE: by placing a true copy thereof enclosed in a sealed envelope with
postage thereon fully prepaid, in the United States mail at Las Vegas, Nevada. I am readily
familiar with the firm’s practice of collection and processing correspondence by mailing.
Under that practice, it would be deposited with the U.S. Postal Service on that same day
with postage fully prepaid at Las Vegas, Nevada in the ordinary course of business. I am
aware that on motion of the party served, service is presumed invalid if postal cancellation
date or postage meter date is more than one day after date of deposit for mailing an
affidavit.
I declare that under penalty of perjury under the laws of the State of Nevada that the above
is true and correct. I further declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.
/s/ Mark Borghese
An employee of BORGHESE LEGAL, LTD.
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SERVICE LIST
ATTORNEYS
OF RECORD
Scott R. Cook, Esq.
Jonathan D. Blum, Esq.
Kolesar & Leatham
400 South Rampart Blvd., Suite 400
Las Vegas, NV 89145

PARTIES
REPRESENTED

METHOD OF
SERVICE

Attorneys for
Defendant

Personal service
Email
E-File
Fax service
Mail service

Attorneys for
Defendant

Personal service
Email
E-File
Fax service
Mail service

Email: [e-mail],
[e-mail]

Scott J. Slavick, Esq.
Sharon E. Calhoun, Esq.
Hannah Y. Jurowicz, Esq.
Barack Ferrazzano Kirschbaum &
Nagelberg LLP
200 W. Madison St., Suite 3900
Chicago, IL 60606
Email: [e-mail],
[e-mail],
[e-mail]

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