United States of America for the use and benefit of American General Construction Inc. et al v. Yack Construction, Inc. et al

Filing 67

ORDER of Dismissal With Prejudice on ECF No. 66 Stipulation. Signed by Chief Judge Miranda M. Du on 2/3/2020. (Copies have been distributed pursuant to the NEF - DRM)

1
2
3
4
5
6
7

Edward D. Boyack, Esq.
Nevada Bar No. 005229
Colli C. McKiever
Nevada Bar No. 13724
BOYACK ORME & ANTHONY
7432 West Sahara Avenue, Suite 101
Las Vegas, Nevada 89117
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorney for Defendants YACK CONSTRUCTION INC.
and MERCHANTS BONDING COMPANY (MUTUAL)

8

UNITED STATES DISTRICT COURT

9
10
11
12
13

DISTRICT OF NEVADA
UNITED STATES OF AMERICA FOR THE
USE AND BENEFIT OF AMERICAN
GENERAL CONSTRUCTION, INC. and
AMERICAN GENERAL CONSTRUCTION
INC. dba AGC, INC.,
Plaintiffs,

14
15
16
17

STIPULATION AND [PROPOSED]
ORDER FOR DISMISSAL WITH
PREJUDICE

v.
YACK CONSTRUCTION INC.;
MERCHANTS BONDING COMPANY
(MUTUAL); and PAE APPLIED
TECHNOLOGIES, LLC,,
Defendants.

18
19

Plaintiffs, UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF

20
21

Case No.: 2:17-cv-01994-MMD-DJA

AMERICAN

GENERAL

CONSTRUCTION,

INC.,

and

AMERICAN

GENERAL

22

CONSTRUCTION, INC., d/b/a AGC, INC, Defendant YACK CONSTRUCTION, INC., and

23

Defendant MERCHANTS BONDING COMPANY (MUTUAL)1, by and through their

24

respective undersigned counsel of record, stipulate as follows:

25
26
27
28

1

Defendant PAE Applied Technologies, LLC was previously dismissed from this action. See
ECF No. 31. The parties to this stipulation are the only remaining parties to the action.

1

1.

The Parties to this Stipulation have settled and agreed to release their respective

2

claims pursuant to the terms of a Confidential Settlement Agreement and Mutual Release of

3

Claims;

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

2.

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), LR IA 6-2, and LR 7-

1, the parties hereto agree and stipulate that the above-captioned matter, including any and all
claims between and among them, shall be DISMISSED with prejudice;
3.

The Parties further stipulate and agree that a copy of this Stipulation and Order

may be recorded with the Clark County Recorder; and
4.

The Parties further stipulate and agree that each party will bear its own attorneys’

fees and costs with respect to the above-captioned case.
Dated January 31, 2020.

Dated January 31, 2020.

BOYACK ORME & ANTHONY

GREENBERG TRAURIG, LLP

By: /s/ Colli C. McKiever
Edward D. Boyack, Esq.
Nevada Bar No. 5229
Colli C. McKiever, Esq.
Nevada Bar No. 13724
7432 W. Sahara Ave., Suite 101
Las Vegas, Nevada 89117
Attorney for Defendants YACK
CONSTRUCTION INC.
and MERCHANTS BONDING COMPANY
(MUTUAL)

By: /s/ Christopher R. Miltenberger
MARK E. FERRARIO
Nevada Bar No. 1625
CHRISTOPHER R. MILTENBERGER
Nevada Bar No. 10153
10845 Griffith Peak Drive, Suite 600
Las Vegas, Nevada 89135
Counsel for Plaintiffs

21
22
23
24
25
26

IT IS SO ORDERED.
________________________________________________
UNITED STATES DISTRICT COURT JUDGE
February 3, 2020
DATED:________________________

27
28
2