Galaxy Gaming of Oregon, LLC, et al v. Burdick, et al

Filing 83

ORDER: Based on the Opinion and Order filed March 17, 2008 25 , plaintiff's motion to dismiss pursuant to FRCP 41 79 is granted as follows: plaintiffs' federal claims are dismissed with prejudice; and plaintiffs' state law claims are dismissed without prejudice. Further, all pending motions, including document number 50 , 57 , 59 and 61 , are denied as moot. Signed on January 29, 2009 by Chief Judge Ann L. Aiken. (cp)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON GALAXY GAMING OF OREGON, LLC, a New Mexico limited liability company; GALAXY GAMING, LLC, a Nevada limited liability company; GALAXY GAMING, INC., a Nevada Corporation, et al.; GALAXY GAMING OF ARIZONA, LLC, a New Mexico limited liability company; GALAXY GAMING OF BRITISH COLUMBIA, LLC, a New Mexico limited liability company; GALAXY GAMING OF CALIFORNIA, LLC, a New Mexico limited liability company; GALAXY GAMING OF CONNECTICUT, LLC, a New Mexico limited liability company; GALAXY GAMING OF ILLINOIS, LLC, a New Mexico limited liability company; GALAXY GAMING OF INDIANA, LLC, a New Mexico limited liability company; GALAXY GAMING OF IOWA, LLC, a New Mexico limited liability company; GALAXY GAMING OF KANSAS, LLC, a New Mexico limited liability company; GALAXY GAMING OF MANITOBA, LLC, a New Mexico limited liability company; GALAXY GAMING OF MICHIGAN, LLC, a New Mexico limited liability company; GALAXY GAMING OF MISSISSIPPI, LLC, a New Mexico limited liability company; GALAXY GAMING OF MISSOURI, LLC, a New Mexico limited liability company; GALAXY Page 1 - ORDER Civil No. 07-1275-AA ORDER

GAMING OF NEVADA, LLC, a Nevada limited liability company; GALAXY GAMING OF NEW JERSEY, LLC, a New Mexico limited liability company; GALAXY GAMING OF NEW YORK, LLC, a New Mexico limited liability company; GALAXY GAMING OF NORTH DAKOTA, LLC, a New Mexico limited liability company; GALAXY GAMING OF NOVA SCOTIA, LLC, a New Mexico limited liability company; GALAXY GAMING OF OKLAHOMA, LLC, a New Mexico limited liability company; GALAXY GAMING OF ONTARIO, LLC, a New Mexico limited liability company; GALAXY GAMING OF SOUTH DAKOTA, LLC, a New Mexico limited liability company; GALAXY GAMING OF WASHINGTON, LLC, a New Mexico limited liability company; GALAXY GAMING OF WISCONSIN, LLC, a New Mexico limited liability company; ROCKLAND RIDGE CORPORATION, a Nevada corporation; ALAMEDA ENTERPRISES, LLC, a New Mexico limited liability company; PRIMETIME PLAYER MANAGEMENT, LLC, a Florida limited liability company; ROBERT B. SAUCIER; THE ALIXANDRA SAUCIER REGULATORY TRUST, a Nevada spendthrift trust; JEFFERY J. WHITEHEAD, AS TRUSTEE OF THE ALIXANDRA SAUCIER REGULATORY TRUST; and ALIXANDRA J. SAUCIER, Plaintiffs, vs. CHARLES BURDICK, ALFRED C. BATHKE, and DOES I-C, Defendants. AIKEN, Judge: This court earlier granted in part and denied in part

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defendants' motions to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiffs now move to dismiss this case pursuant to Fed. R. Civ. P. 41(a)(2). Specifically, plaintiffs request the

court dismiss all federal claims with prejudice and decline to exercise supplemental jurisdiction and dismiss all state law claims without prejudice. Defendants do not object to dismissal

of the federal claims with prejudice however they do object to this court declining to exercise jurisdiction and dismissing the state law claims without prejudice. Based on the Opinion and Order filed March 17, 2008 (doc. 25), plaintiffs' motion to dismiss pursuant to Fed. R. Civ. P. 41 (doc. 79) is granted as follows: plaintiffs' federal claims are

dismissed with prejudice; and plaintiffs' state law claims are dismissed without prejudice. Further, all pending motions,

including doc. nos. 50, 57, 59 and 61, are denied as moot. IT IS SO ORDERED. Dated this 29 day of January 2009.

/s/ Ann Aiken Ann Aiken United States District Judge

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