Castro et al v. Costco Wholesale

Filing 36

ORDER Granting 35 Stipulation to Dismiss with prejudice. Signed by Judge Jennifer A. Dorsey on 5/10/2024. (Copies have been distributed pursuant to the NEF - JQC)

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1 2 3 4 5 EDGAR CARRANZA, ESQ. Nevada Bar No. 5902 MESSNER REEVES LLP 8945 West Russell Road, Suite 300 Las Vegas, Nevada 89148 Telephone: (702) 363-5100 Facsimile: (702) 363-5101 E-mail: ecarranza@messner.com Attorneys for Defendant 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 CANDY CASTRO, an individual; CANDY CASTRO on behalf of ISAAC CORDOVA, a Minor child; 12 Plaintiffs, 13 vs. 14 COSTCO WHOLESALE CORPORATION, a foreign corporation; DOES 1 through 25, inclusive; and ROE CORPORATIONS 1 through 25, inclusive, 15 16 17 20 21 22 23 24 25 26 STIPULATION AND ORDER TO DISMISS WITH PREJUDICE Defendant, COSTCO WHOLESALE CORPORATION (hereinafter referred to as “Costco”), by and through counsel, Edgar Carranza, Esq. and Megan E. Wessel, Esq. of the law firm of M ESSNER REEVES, LLP and Plaintiffs, CANDY CASTRO, individually and on behalf of ISAAC CORDOVA her minor child, by and through counsel Patrick W. Kang, Esq. of Kang & Associates, PLLC and Michael N. Aisen, Esq., hereby stipulate as follows: 1. Plaintiffs filed their Complaint on or about June 27, 2022 in the Eighth Judicial District Court, Clark County, Nevada. 27 28 ECF No. 35 Defendants. 18 19 CASE NO. 2:22-cv-01318-JAD-MDC Page 1 of 4 1 2. Defendant, Costco filed its Answer on or about July 19, 2022. 2 3. This matter was removed to this Court on August 16, 2022. 3 4. The Parties held their FRCP 26(f) conference on September 6, 2022, after which the 4 parties filed the Stipulated Discovery Plan and Scheduling Order and embarked on discovery. 5 6 5. which is memorialized in the Settlement and Release Agreement executed contemporaneous hereto. 7 8 9 10 6. 13 14 claims against Defendant, Costco and dismiss this action with prejudice in exchange for the agreed to resolution. 7. 17 18 19 20 21 22 The parties also hereby stipulate, and this court hereby orders, that this settlement is deemed a good faith settlement. Therefore, any and all claims by any other party against Costco are hereby extinguished. 15 16 In reaching the resolution Costco does not admit any liability and continues to deny the allegations in the Complaint. Nonetheless, Plaintiffs hereby stipulates to waive any and all 11 12 The Parties have been able to reach a mutually acceptable resolution to this matter 8. There is no trial date currently set in this matter. 9. For the above-outlined reasons, the parties hereby stipulate to dismiss the present litigation, with prejudice. .... .... .... .... .... 23 .... 24 .... 25 .... 26 .... 27 28 Page 2 of 4 10. Plaintiffs and Defendant will bear their own attorney's fees and costs related to this 2 litigation. 3 4 1..1.1\ � 'fM-V\ , 1P DATED this� day ofQetobet, 2023. 5 MESSNER REEVES, LLP - A. �� DATED this� day of!)GtdtJer, 2023. I Kang & Associates, PLLC 6 7 8 9 10 11 12 13 14 By: Edgar C ran•-�� Nevada tate Bar No. 5902 Megan . Wessel, Esq. Nevada State Bar No. 14131 3050 S. Durango Drive Las Vegas, NV 89117 Attorneys for Defendant COSTCO WHOLESALE CORPORATION By: Nevada State Bar No. 10381 Kyle Tatum, Esq. Nevada State Bar No. 13264 Tiffany S. Yang, Esq. Nevada State Bar No. 6480 W. Spring Mountain Rd, Suite 1 Las Vegas, Nevada 89146 and 15 Michael N. Aisen, Esq. Nevada State Bar No. 11036 723 S. Third Street Las Vegas, Nevada 89101 Attorneys for Plaintiffs CANDY CASTRO, individually and on behalfof minor ISAAC CORDOVA 16 17 18 19 20 21 ORDER 22 23 Based on the parties’ stipulation [ECF No. 35] and good cause appearing, IT IS 24 ORDERED that THIS ACTION IS DISMISSED with prejudice, each side to bear its own fees 25 and costs. The Clerk of Court is directed to CLOSE THIS CASE. 26 27 28 _________________________________ U.S. District Judge Jennifer A. Dorsey Dated: May 10, 2024

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