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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TAMARA BEATTY PETERSON, ESQ., Bar No. 5218
[e-mail]
NIKKI L. BAKER, ESQ., Bar No. 6562
[e-mail]
BENJAMIN K. REITZ, ESQ., Bar No. 13233
[e-mail]
PETERSON BAKER, PLLC
10001 Park Run Drive
Las Vegas, NV 89145
Telephone: [phone]
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

)
)
)
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Plaintiff,
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v.
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JON ISAAC, TONY ISAAC, RICHARD D. )
)
BUTLER, JR., DENNIS (DE) GAO, and
)
TYLER SICKMEYER,
)
)
Defendants,
)
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and,
)
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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-

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captioned alleged shareholder derivative action (the “Action”) in this Court, asserting claims

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allegedly on behalf of Nominal Defendant Live Ventures Incorporated (“Nominal Defendant”)

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against Jon Isaac, Tony Isaac, Richard D. Butler, Jr., Dennis (De) Gao, and Tyler Sickmeyer

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(the “Defendants”) for breach of fiduciary duties and unjust enrichment;

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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

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Action, so-ordered by the Court on August 24, 2017 (ECF No. 12), pursuant to which all

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parties to the Action stipulated to stay the Action until (1) an alleged securities class action

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filed against the Defendants and Live Ventures Incorporated in this Court on May 5, 2017

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(Keith Kolish v. Live Ventures Incorporated, et. al., Case No. 17-cv-1258) (the “Securities

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Litigation”) was dismissed with prejudice by the Court and all appeals had been exhausted; (2)

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a motion to dismiss the Securities Litigation filed by the defendants in that case was denied; or

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(3) either of the parties to the Stipulated Stay gave fifteen days’ notice that they no longer

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consented to the voluntary stay;
WHEREAS, on November 3, 2017, the defendants in the Securities Litigation filed a

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motion to dismiss that complaint for failure to state a claim;

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WHEREAS, on November 17, 2017, prior to any decision by the Court on defendants’

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motion to dismiss the Securities Litigation, all parties in the Securities Litigation filed a “Joint

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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

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through their counsel, filed a “Notice of Termination of Stipulated Stay” (ECF No. 15) in this

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Action, informing the Court that Defendants and Nominal Defendant had given notice to

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Plaintiff’s counsel fifteen days earlier that they no longer consented to the voluntary stay of the

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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

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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

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voluntary dismissal;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between

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the parties to this Action, through their undersigned counsel, that:
1.

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The Action is DISMISSED IN ITS ENTIRETY WITHOUT PREJUDICE; and

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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
[e-mail]
432 Ridge Street
Reno, NV 89501
Telephone: [phone]

/s/ Tamara Beatty Peterson_____________
Tamara Beatty Peterson, Esq., Bar No. 5218
[e-mail]
Nikki L. Baker, Esq., Bar No. 6562
[e-mail]
Benjamin K. Reitz, Esq., Bar No. 13233
[e-mail]
10001 Park Run Drive
Las Vegas, NV 89145
Telephone: [phone]
Facsimile: 702.786.1002

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GAINEY MCKENNA & EGLESTON
Thomas J. McKenna, Esq., pro hac vice
[e-mail]
440 Park Avenue South, 5th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: 212.983.0383

Attorneys for All Defendants and Nominal
Defendant

Attorneys for Plaintiff

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ORDER
IT IS SO ORDERED.
Dated this 6th day of December, 2017.

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UNITED STATES DISTRICT COURT JUDGE

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