KJH & RDA Investor Group, LLC v. Turnberry/MGM Grand Towers, LLC

Filing 14

ORDER Granting 13 Stipulation of Dismissal with prejudice. The Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 2/24/17. (Copies have been distributed pursuant to the NEF - ADR)

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Case 2:16-cv-01863-JAD Document 13 Filed 02/24/17 Page 1 of 2 1 2 3 4 5 6 GARMAN TURNER GORDON LLP GREGORY E. GARMAN, ESQ., NV Bar No. 6654 E-mail: ggarman@gtg.legal TALITHA GRAY KOZLOWSKI, ESQ., NV Bar No. 9040 E-mail: tgray@gtg.legal 650 White Drive, Suite 100 Las Vegas, Nevada 89119 Telephone (725) 777-3000 Facsimile (725) 777-3112 Attorneys for Appellee 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 8 9 10 In re: Case No.: 2:16-cv-01863-JAD TURNBERRY/MGM GRAND TOWERS, LLC, Affects this Debtor. Bankruptcy Case No.: 15-13706-abl Chapter 11 11 12 13 In re : TURNBERRY/MGM GRAND TOWER B, LLC, Case No.: 15-13708-abl Chapter 11 Affects this Debtor. 14 15 16 JOINTLY ADMINISTERED UNDER CASE NO.: 15-13706-abl In re : Case No.: 15-13709-abl TURNBERRY/MGM GRAND TOWER C, LLC, Chapter 11 Affects this Debtor. Adversary No. 15-01123-abl 17 18 19 20 21 22 23 KJH & RDA INVESTOR GROUP, LLC, et al., Appellants, vs. STIPULATION AND ORDER TO DISMISS APPEAL TURNBERRY/MGM GRAND TOWERS, LLC, ECF No. 13 Appellee. 24 25 Turnberry/MGM Grand Towers, LLC (“Appellee”) and KJH & RDA Investor Group, 26 LLC, et al. (“Appellants,” and together with Appellee, the “Parties”), by and through their 27 respective undersigned counsel, hereby stipulate and agree as follows: 28 Case 2:16-cv-01863-JAD Document 13 Filed 02/24/17 Page 2 of 2 1 2 3 4 5 6 WHEREAS, the Parties have entered into the Confidential Settlement Agreement and General Release (the “Settlement Agreement”) that resolves all disputes by and between them. WHEREAS, the Settlement Agreement was approved by entry of an order of the United States Bankruptcy Court for the District of Nevada on February 23, 2017 (the “9019 Order”). WHEREAS, the Settlement Agreement requires that the above-captioned appeal (the “Appeal”) be promptly dismissed by the Parties. 7 NOW, THEREFORE, the Parties hereby stipulate and agree that pursuant to the terms of 8 the Settlement Agreement and the 9019 Order: (i) the Appeal shall be dismissed with prejudice; 9 and (ii) the Parties shall bear their own attorney’s fees and costs incurred in the Appeal. 10 DATED this 24th day of February, 2017. 11 PREPARED AND SUBMITTED: APPROVED: 12 GARMAN TURNER GORDON LLP GERARD & ASSOCIATES 13 14 15 16 17 18 By: /s/ Norman Blumenthal By: /s/ Talitha Gray Kozlowski GREGORY E. GARMAN, ESQ. ROBERT GERARD, ESQ. TALITHA GRAY KOZLOWSKI, ESQ. RICARDO R. EHMANN, ESQ 650 White Drive, Suite 100 2840 S. Jones Blvd. D-4 Las Vegas, Nevada 89119 Las Vegas, Nevada 89146 Attorneys for the Appellee THOMAS H. FELL, ESQ. FENNEMORE CRAIG JONES VARGAS 300 S. Fourth Street, Suite 1400 Las Vegas, Nevada 89101 19 NORMAN BLUMENTHAL, ESQ. BLUMENTHAL NORDREHAUG & BHOWMIK 2255 Calle Clara La Jolla, California 92037 Attorneys for the Appellants 20 21 22 23 IT IS SO ORDERED. The Clerk of Court is directed to CLOSE THIS CASE. 24 25 26 27 2-24-17 Dated: ________________ _______________________________________ __________ _______ _ __ _____ __ _ JENNIFER DORSEY, U.S. DISTRICT FER DORSEY, U.S. D R O Y, .S , .S T COURT JUDGE 28 2

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