Board of Trustees of the Southern Nevada Culinary and Bartenders Pension Trust v. Sea Vegas Incorporated et al

Filing 11

AMENDED ORDER granting 9 Stipulation of dismissal without prejudice. Each side to bear its own fees and costs. Signed by Judge Jennifer A. Dorsey on 1/17/2023. (Copies have been distributed pursuant to the NEF - AF)

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Case 2:22-cv-01538-JAD-NJK Document 11 Filed 01/17/23 Page 1 of 2 CHRISTENSEN JAMES & MARTIN, CHTD. 7440 WEST SAHARA AVE., LAS VEGAS, NEVADA 89117 PH: (702) 255-1718 § FAX: (702) 255-0871 1 CHRISTENSEN JAMES & MARTIN, CHTD. Wesley J. Smith, Esq. (11871) 2 Kevin B. Archibald, Esq. (13817) 7440 W. Sahara Avenue 3 Las Vegas, Nevada 89117 Telephone: (702) 255-1718 4 Facsimile: (702) 255-0871 Email: wes@cjmlv.com, kba@cjmlv.com 5 Attorneys for Plaintiff Board of Trustees of the Southern Nevada Culinary and Bartenders 6 Pension Trust 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 BOARD OF TRUSTEES OF THE SOUTHERN NEVADA CULINARY AND BARTENDERS PENSION TRUST, 11 Plaintiff, 12 vs. 13 SEA VEGAS INCORPORATED, et al., 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE NO.: 2:22-cv-01538-JAD-NJK AMENDED STIPULATION AND ORDER FOR DISMISSAL WITHOUT PREJUDICE ECF No. 9 Defendants. Plaintiff, the Board of Trustees of Southern Nevada Culinary and Bartenders Pension Trust (“Plaintiff”), and the Defendants, SEA Vegas Incorporated, a Nevada corporation, Nabon Thai Market, Inc., a New York corporation, Spice Corner 236, Inc., a New York corporation, Tong Thai Connecticut LLC, a Connecticut limited liability company, Kitlen Management, Inc., a New York corporation, KL 747, Inc., a New York corporation, Kitlen Realty, LLC, a New York limited liability company, Kittigron Lirtpanaruk, an individual, and Yongyut Limleartvate, an individual (collectively referred to herein as “Defendants”) (Plaintiff and Defendants are collectively referred to herein as the “Parties”), each acting by and through their undersigned counsel, hereby Stipulate and Agree pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) that: 1. The Parties entered into a written Settlement Agreement dated January 12, 2023, which includes an unfiled Stipulation for Entry of Judgment by Confession and Case 2:22-cv-01538-JAD-NJK Document 11 Filed 01/17/23 Page 2 of 2 1 Judgment by Confession (collectively referred to herein as the “Settlement Agreement”). 2 2. The Settlement Agreement resolves all claims asserted in this case and 3 requires certain actions to be performed on or before April 15, 2025. 4 3. All claims asserted herein shall be and are hereby dismissed without 5 prejudice. 6 4. Each of the Parties shall bear its own attorney’s fees and costs, except as 7 expressly agreed between the Parties in the Settlement Agreement. 8 5. The Court shall retain jurisdiction to enforce the terms of the Settlement 9 Agreement. 10 CHRISTENSEN JAMES & MARTIN, CHTD. JENNINGS & FULTON, LTD. 11 By:/s/: Kevin B. Archibald, Esq. By: /s/: Hera Armenian, Esq. Kevin B. Archibald, Esq. (13817) Adam R. Fulton, Esq. (11572) 12 7440 W. Sahara Avenue Hera Armenian, Esq. (12322) Las Vegas, Nevada 89117 2580 Sorrel Street 13 Tel: (702) 255-1718 Las Vegas, Nevada 89146 Fax: (702) 255-0871 Tel: (702) 979-3565 14 Email: kba@cjmlv.com Fax: (702) 362-2060 Attorneys for Plaintiff Board of Trustees Email: afulton@jfnvlaw.com 15 of the Southern Nevada Culinary and Email: harmenian@jfnvlaw.com Bartenders Pension Trust Attorneys for Defendants 16 DATED: January 13, 2023 DATED: January 13, 2023 17 18 19 ORDER 20 Based on the parties’ stipulation [ECF No. 9] and good cause appearing, IT IS 21 HEREBY ORDERED that THIS ACTION IS DISMISSED without prejudice, each side to bear its own fees and costs. The Clerk of Court is directed to CLOSE THIS CASE. 22 23 UNITED STATES DISTRICT COURT JUDGE 24 25 DATED: 26 27 28 -2- 1-17-23

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