ACC Industries, Inc. et al v. Bart Street III, LLC et al

Filing 99

ORDER granting 97 Motion to Lift Stay; this action is DISMISSED without prejudice. Signed by Judge Jennifer A. Dorsey on 11/9/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-00942-JAD-CWH Document 97 Filed 11/08/18 Page 1 of 3

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FENNEMORE CRAIG, P.C.
Brenoch R. Wirthlin (Nevada Bar No. 10282)
Daniel S. Cereghino (Nevada Bar No. 11534)
300 South Fourth Street, Suite 1400
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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300 S 4th Street, Suite 1400
Las Vegas, Nevada 89101
Tel: [phone] Fax: [phone]

FENNEMORE CRAIG, P.C.

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Case No. 2:17-cv-00942-JAD-CWH
ACC ENTERPRISES, LLC, a Nevada
Limited Liability Company; ACC
INDUSTRIES, INC., a Nevada corporation;
CALVADA PARTNERS, LLC, a Nevada
Limited Liability Company,

ORDER GRANTING
PLAINTIFFS’: (1) MOTION FOR LEAVE
TO FILE NOTICE OF VOLUNTARY
DISMISSAL; or (2) MOTION TO LIFT
STAY

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Plaintiffs,

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v.

ECF No. 97

BART STREET III, a Nebraska Limited
Liability Company, SOLUTIONARY, INC., a
Nevada corporation; DOE INDIVIDUALS 125 and ROE COMPANIES 26-50,

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Defendants.

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Plaintiffs ACC Enterprises, LLC (“Enterprises”), ACC Industries, Inc. (“Industries”), and

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Calvada Partners, LLC (“Calvada” (and collectively, “Plaintiffs”), by and through counsel,

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Fennemore Craig, P.C., hereby submit this Motion for Leave to File Notice of Voluntary Dismissal

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(or, in the alternative, Motion to Lift Stay for the singular purpose of filing the same Notice of

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Voluntary Dismissal).

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DATED this 7th day of November, 2018.

FENNEMORE CRAIG, P.C.

By:
/s/ Brenoch R. Wirthlin
Brenoch Wirthlin, Esq. (Bar No. 10282)
Attorneys for Plaintiffs

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Case 2:17-cv-00942-JAD-CWH Document 97 Filed 11/08/18 Page 2 of 3

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MEMORANDUM OF POINTS AND AUTHORITIES

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As this Court is aware, the above-captioned action is one of several currently pending in this

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Court: (1) Case No.: 2:17-cv-00083-GMN-VCF (“Navarro I”); (2) Case No. 2:18-cv-00751-GMN-

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GWF, which action was removed from the Fifth Judicial District of the State of Nevada (“Navarro

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II”); and (3) the instant case, which action was also removed from the Fifth Judicial District of the

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State of Nevada .

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In Navarro I, the parties filed numerous motions with the court. Based thereon, this Court

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stayed the above-captioned action pending Judge Navarro’s decisions as to those motions and a

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subsequent motion to lift the stay herein. See ECF No. 95. Judge Navarro has since issued her

300 S 4th Street, Suite 1400
Las Vegas, Nevada 89101
Tel: [phone] Fax: [phone]

FENNEMORE CRAIG, P.C.

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various decisions. See e.g., Navarro I, Case No.: 2:17-cv-00083-GMN-VCF, ECF No. 155.

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Plaintiffs now seek leave from this Court, notwithstanding the pending effective stay, to file

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a Notice of Voluntary Dismissal as to the above-captioned case. No Defendant has yet answered,

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and no Defendant has yet filed a Motion for Summary Judgment. See generally, Docket; see also

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ECF No. 95. In the event this Court prefers a formal sequence involving the lifting of the currently

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effective stay before any subsequent action, including the filing of Notice of Voluntary Dismissal,

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Plaintiffs hereby move this Court to lift the existing stay to so enable Plaintiffs to file. See ECF No.

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95.

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DATED this 7th day of November, 2018.

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FENNEMORE CRAIG, P.C.

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By /s/ Brenoch R. Wirthlin
Brenoch Wirthlin, Esq. (Bar No. 10282)
Attorneys for Plaintiffs

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ORDER
Good cause appearing, IT IS HEREBY ORDERED that the Motion to Lift Stay [ECF No.
97] is GRANTED. The stay is lifted for the purpose of dismissing this action. IT IS
FURTHER ORDERED that this action is DISMISSED without prejudice, each side to bear
its own fees and costs, based on the Notice of Voluntary Dismissal [ECF No. 98]. The Clerk of
Court is directed to CLOSE THIS CASE.
_________________________________
U.S. District Judge Jennifer A. Dorsey
Dated: November 9, 2018

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