Aranzabe v. Isaac et al

Filing 17

ORDER granting 16 Stipulation of Dismissal Without Prejudice; Signed by Judge Kent J. Dawson on 12/6/2017.; Case terminated. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 TAMARA BEATTY PETERSON, ESQ., Bar No. 5218 NIKKI L. BAKER, ESQ., Bar No. 6562 BENJAMIN K. REITZ, ESQ., Bar No. 13233 PETERSON BAKER, PLLC 10001 Park Run Drive Las Vegas, NV 89145 Telephone: 702.786.1001 Facsimile: 702.786.1002 Attorneys for All Defendants and Nominal Defendant UNITED STATES DISTRICT COURT DISTRICT OF NEVADA MARTIN ARANZABE, Derivatively on Behalf of LIVE VENTURES INCORPORATED ) ) ) ) Plaintiff, ) ) v. ) ) JON ISAAC, TONY ISAAC, RICHARD D. ) ) BUTLER, JR., DENNIS (DE) GAO, and ) TYLER SICKMEYER, ) ) Defendants, ) ) and, ) ) LIVE VENTURES INCORPORATED, ) ) Nominal Defendant. ) Case No. 2:17-cv-01632-KJD-VCF ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE, PURSUANT TO FRCP 41(a)(2) WHEREAS, on June 12, 2017, plaintiff Martin Aranzabe (“Plaintiff”) filed the above- 22 captioned alleged shareholder derivative action (the “Action”) in this Court, asserting claims 23 allegedly on behalf of Nominal Defendant Live Ventures Incorporated (“Nominal Defendant”) 24 against Jon Isaac, Tony Isaac, Richard D. Butler, Jr., Dennis (De) Gao, and Tyler Sickmeyer 25 (the “Defendants”) for breach of fiduciary duties and unjust enrichment; 26 27 WHEREAS, on August 23, 2017, Plaintiff filed a joint “Stipulation to Stay Case Pending Resolution of Securities Litigation” (ECF No. 10) (the “Stipulated Stay”) in this 1 1 Action, so-ordered by the Court on August 24, 2017 (ECF No. 12), pursuant to which all 2 parties to the Action stipulated to stay the Action until (1) an alleged securities class action 3 filed against the Defendants and Live Ventures Incorporated in this Court on May 5, 2017 4 (Keith Kolish v. Live Ventures Incorporated, et. al., Case No. 17-cv-1258) (the “Securities 5 Litigation”) was dismissed with prejudice by the Court and all appeals had been exhausted; (2) 6 a motion to dismiss the Securities Litigation filed by the defendants in that case was denied; or 7 (3) either of the parties to the Stipulated Stay gave fifteen days’ notice that they no longer 8 consented to the voluntary stay; WHEREAS, on November 3, 2017, the defendants in the Securities Litigation filed a 9 10 motion to dismiss that complaint for failure to state a claim; 11 WHEREAS, on November 17, 2017, prior to any decision by the Court on defendants’ 12 motion to dismiss the Securities Litigation, all parties in the Securities Litigation filed a “Joint 13 Stipulation of Dismissal Without Prejudice,” so-ordered by the Court on November 20, 2017; WHEREAS, on November 30, 2017, Defendants and Nominal Defendant, by and 14 15 through their counsel, filed a “Notice of Termination of Stipulated Stay” (ECF No. 15) in this 16 Action, informing the Court that Defendants and Nominal Defendant had given notice to 17 Plaintiff’s counsel fifteen days earlier that they no longer consented to the voluntary stay of the 18 Action, thereby terminating the Stipulated Stay pursuant to Paragraph 8 of that document; WHEREAS, Plaintiff in this Action now seeks voluntarily to dismiss the Action without 19 20 prejudice to his or any other shareholder’s right to re-file the Action in the future; and WHEREAS, neither Plaintiff nor his counsel has received any consideration for this 21 22 voluntary dismissal; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between 23 24 the parties to this Action, through their undersigned counsel, that: 1. 25 26 /// 27 The Action is DISMISSED IN ITS ENTIRETY WITHOUT PREJUDICE; and /// 1 1 2 3 2. The parties to the Action shall bear their own attorneys’ fees and other expenses. Dated this 5th day of December, 2017. Dated this 5th day of December, 2017. MATTHEW L. SHARP, LTD. PETERSON BAKER, PLLC /s/ Thomas J. McKenna____________ Matthew L. Sharp, Esq., Bar No. 4746 432 Ridge Street Reno, NV 89501 Telephone: 775.324.1500 /s/ Tamara Beatty Peterson_____________ Tamara Beatty Peterson, Esq., Bar No. 5218 Nikki L. Baker, Esq., Bar No. 6562 Benjamin K. Reitz, Esq., Bar No. 13233 10001 Park Run Drive Las Vegas, NV 89145 Telephone: 702.786.1001 Facsimile: 702.786.1002 4 5 6 7 8 9 10 11 12 GAINEY MCKENNA & EGLESTON Thomas J. McKenna, Esq., pro hac vice 440 Park Avenue South, 5th Floor New York, New York 10016 Telephone: 212.983.1300 Facsimile: 212.983.0383 Attorneys for All Defendants and Nominal Defendant Attorneys for Plaintiff 13 14 15 16 17 18 ORDER IT IS SO ORDERED. Dated this 6th day of December, 2017. 19 20 UNITED STATES DISTRICT COURT JUDGE 21 22 23 24 25 26 27 2

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