LHF Productions, Inc. v. Does

Filing 72

ORDER. IT IS HEREBY ORDERED that 70 plaintiff's motion for voluntary dismissal is GRANTED; all claims in this action against Brian Kabala are DISMISSED. Kabala must advise this court by 8/14/17 whether he intends to proceed with his counterclaims 22 . IT IS FURTHER ORDERED that 64 plaintiff's motion for default is DENIED. Signed by Judge Jennifer A. Dorsey on 7/26/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 2:16-cv-02028-JAD-NJK 4 LHF Productions, Inc., a Nevada corporation, 5 Plaintiff 6 Order Dismissing Claims against Brian Kabala and Denying Motion for Default v. 7 [ECF Nos. 64, 70] Brian Kabala, et al., 8 Defendants 9 10 Plaintiff LHF Productions, Inc. moves [ECF No. 70] to dismiss its claims against defendant 11 Brian Kabala without prejudice under Rule 41(a)(2) of the Federal Rules of Civil Procedure. Good 12 cause appearing, and the court finding that this motion is suitable for disposition without oral 13 argument and that a response is unnecessary, 14 IT IS HEREBY ORDERED that plaintiff’s motion for voluntary dismissal [ECF No. 70] is 15 GRANTED; all claims in this action against Brian Kabala are DISMISSED. Kabala must 16 advise this court by August 14 whether he intends to proceed with his counterclaims [ECF No. 17 22]. 18 Plaintiff has also moved the Clerk of Court to enter default against Kabala and three 19 additional defendants, Ante Soda, John Koehly, and Donald Plain. ECF No. 64. As to Kabala, the 20 request is mooted by this dismissal. The motion is meritless against the other defendants. Soda and 21 Plain have answered or otherwise responded, see ECF No. 18 (Plain’s answer), ECF No. 19 (Soda’s 22 motion to dismiss); and default was already entered against Koehly, see ECF No. 46. And it appears 23 from the “Notice of Corrected Image” [ECF No. 65] that the motion was filed “in error and should 24 be disregarded.” Accordingly, 25 IT IS FURTHER ORDERED that plaintiff’s motion for default [ECF No. 64] is DENIED. 26 Dated this 26th day of July, 2017. 27 28 _________________________________ ______________ _ __ _ __ Jennifer A. Dorsey Dorsey ors United States District Judge

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