SMC Construction Co. v. Rex Moore Group, Inc.

Filing 99

ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE on ECF No. 98 Stipulation Signed by Judge Miranda M. Du on 3/27/2018. (Copies have been distributed pursuant to the NEF - DRM)

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DOWNEY BRAND LLP
WILLIAM R. WARNE (CA Bar No. 141280)
Pro Hac Vice
ANDREW L. COLLIER (CA Bar No. 191137)
Pro Hac Vice
AVALON J. FITZGERALD (CA Bar No. 288167)
Pro Hac Vice
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: [phone]
Facsimile: 916.444.2100
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Gordon H. DePaoli (NV Bar No. 195)
WOODBURN AND WEDGE
6100 Neil Road, Suite 500
Reno, NV 89511
Telephone: [phone]
Facsimile: 775.688.3088
Email: [e-mail]

DOWNEY BRAND LLP

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Attorneys for Counterdefendant
EDGEWOOD COMPANIES,
a Nevada corporation

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UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF NEVADA
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SMC CONSTRUCTION CO., a Nevada
corporation,

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Case No. 3:17-cv-00470-MMD-VPC
STIPULATION FOR DISMISSAL OF
ENTIRE ACTION WITH PREJUDICE
AND [PROPOSED] ORDER

Plaintiff,

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v.

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REX MOORE GROUP, INC., a California
corporation (designated a Nevada
corporation in error), and DOES 1 through
5, inclusive,

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Defendants.

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AND RELATED CROSS-ACTION.

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INTRODUCTION

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This Stipulation for Dismissal of Entire Action with Prejudice (the “Stipulation”) is

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entered between SMC Construction Co. (“SMC”), Rex Moore Group, Inc. (“Rex Moore”),
1513580.1

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STIPULATION FOR DISMISSAL AND [PROPOSED] ORDER

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Edgewood Companies (“Edgewood”), and Liberty Mutual Insurance Company (“Liberty”)

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(collectively, “the Parties”), as follows:

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RECITALS

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A.

On or about July 20, 2017, SMC filed an action against Rex Moore in the Ninth

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Judicial District Court of the State of Nevada in and for the County of Douglas, as Case No. 17-

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CV-0154 (the “State Court Action”).

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B.

On or about August 8, 2017, Rex Moore filed its Petition for Removal of the State

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Court Action to the United States District Court for the District of Nevada, as Case No. 3:17-cv-

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00470 (the “Action’”).

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C.

On or about August 15, 2017, Rex Moore filed its Answer to Complaint of SMC

Construction, Demand for Jury Trial and Counterclaim which named SMC and Edgewood as

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DOWNEY BRAND LLP

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counter-defendants.

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D.

On or about November 2, 2017, Rex Moore filed its Amended Counterclaim and

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Request for Jury Trial in the Action, bringing counterclaims against SMC, Edgewood, and

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Liberty.

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E.

Counterclaim and asserted a counterclaim against Rex Moore.

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F.

The Parties participated in a Settlement Conference before Hon. Magistrate Judge

Valerie Cooke on March 1, 2018.

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On November 16, 2017, Edgewood answered the Rex Moore’s Amended

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Thereafter, on March 21, 2018, the Parties executed a written settlement

agreement.

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H.

All conditions of the settlement have been satisfied, and the Parties wish to dismiss

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the complaint and all counterclaims with prejudice pursuant to the terms of their settlement

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agreement.

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STIPULATION

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IT IS HEREBY STIPULATED by and between the Parties, through their designated

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counsel, that the Action, and each claim and counterclaim asserted therein, shall be dismissed

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with prejudice pursuant to Federal Rule of Civil Procedure 41.
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STIPULATION FOR DISMISSAL AND [PROPOSED] ORDER

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DATED: March 27, 2018

ROBISON, SIMONS, SHARP & BRUST

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By: /s/ Kent Robison
KENT ROBISON
Attorney for Plaintiff and Counterdefendant
SMC CONSTRUCTION CO.

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DATED: March 27, 2018

JACOBSON MARKHAM LLP

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By: /s/ Patrick T. Markham
PATRICK T. MARKHAM
Attorney for Defendant, Counterclaimant, and
Counterdefendant
REX MOORE GROUP, INC.

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DATED: March 27, 2018

DOWNEY BRAND LLP

DOWNEY BRAND LLP

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By: /s/ Andrew L. Collier
ANDREW L. COLLIER
Attorney for Counterdefendant
EDGEWOOD COMPANIES,
a Nevada corporation

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ORDER

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Pursuant to the Parties’ above Stipulation, the above-captioned Action, and each claim

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and counterclaim asserted therein, is hereby DISMISSED WITH PREJUDICE. The Clerk of the

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Court is directed to close this case.

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IT IS SO ORDERED.

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DATED: March __, 2018
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By:
UNITED STATES DISTRICT JUDGE

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1513580.1

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STIPULATION FOR DISMISSAL AND [PROPOSED] ORDER