MGM Grand Hotel, LLC v. Shin et al

Filing 77

ORDER denying as moot 68 Motion for Summary Judgment.; granting 76 Stipulation of Dismissal with prejudice. Signed by Judge Jennifer A. Dorsey on 9/19/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-02347-JAD-NJK Document 76 Filed 09/19/17 Page 1 of 2

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JAMES E. WHITMIRE, ESQ.
Nevada State Bar No. 6533
[e-mail]
SANTORO WHITMIRE
10100 W. Charleston Blvd., Suite 250
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile:
702-948-8773
Attorney for Cross-Claimants,
Canadian Imperial Bank of Commerce
and CIBC Securities, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
MGM GRAND HOTEL, LLC,
Case No.: 2:16-cv-2347-JAD-NJK
Plaintiff,

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STIPULATION AND ORDER FOR
DISMISSAL

vs.
KYUNG SHIN aka KYUNG S. SHIN;
CANADIAN IMPERIAL BANK OF
COMMERCE; CIBC SECURITIES INC.; DOES
1 through 10, inclusive; and ROE
CORPORATIONS 1 through 10, inclusive,

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Defendants.
________________________________________
AND RELATED MATTERS

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CANADIAN IMPERIAL BANK OF COMMERCE; CIBC SECURITIES INC.
(collectively, “CIBC) and KYUNG SHIN aka Kyung S. Shin (“Shin”), by and through their
undersigned counsel of record, hereby stipulate and agree as follows:
1.

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ECF Nos. 68, 76

That the claims of CIBC against Shin shall be dismissed without prejudice;

//

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Case 2:16-cv-02347-JAD-NJK Document 76 Filed 09/19/17 Page 2 of 2

2.

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That to the extent any claims exist in favor of Shin and against CIBC, such

claims shall be dismissed without prejudice;1 and

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That MGM Grand and Shin shall bear their own attorneys’ fees and costs.

IT IS SO AGREED AND STIPULATED:

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SANTORO WHITMIRE

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/s/ James E. Whitmire

/s/ Kirk T. Kennedy

James E. Whitmire
Nevada State Bar No. 6533
[e-mail]
10100 W. Charleston Blvd., Suite 250
Las Vegas, NV 89135
Tel: [phone]
Attorney for Cross-Claimants Canadian
Imperial Bank of Commerce and

Kirk T. Kennedy, Esq.
Nevada Bar No. 5032

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815 S. Casino Center, Blvd.
Las Vegas, Nevada 89101
Tel.: [phone]
Attorney for Cross-Defendant
Kyung Shin

CIBC Securities, Inc.

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[e-mail]

ORDER
IT IS SO ORDERED:
Based on the parties’ stipulation [ECF No. 76], which terminates the only claims remaining
in this case, and good causegood cause appearing, IT IS ORDERED that this case isthis
remaining in this case, and appearing, IT IS HEREBY HEREBY ORDERED that
DISMISSED with prejudice, each side to bear to bear its own fees andThe crosscase is DISMISSED with prejudice, each side its own fees and costs. costs. The
_______________________________________
claimants’ Motion for Summary Judgment [ECF [ECF No. 68] is DENIED as moot. Clerk
cross-claimants’ Motion for Summary Judgment No. 68] is DENIED as moot. The
UNITED STATES MAGISTRATE JUDGE/
of Court is of Court is directed to CLOSE THIS CASE.
The Clerk directed to CLOSE THIS CASE.JUDGE
DISTRICT

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DATED: ____________________________

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_____________________________________
_______________
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U.S. District Judge Jennifer D
ict Judge Jennifer Dorsey
n
September 19, 2017

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CIBC contends that Shin’s claims have been extinguished by virtue of the good faith
settlement finding previously entered by the Court. The parties do not intend to litigate this issue
herein. CIBC is merely expressing its intent not to revive any extinguished claims by way of this
Stipulation. To the extent any claims do exist in favor of Shin, Shin is expressing his intent to
dismiss such claims without prejudice.

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