Opinion
CASE NO.: 2:12-CV-01643-GMN-CWH
02-21-2013
RAIT PARTNERSHIP, L.P., a Delaware limited partnership, Plaintiff, v. RICHARD J. NATHAN, an individual, COMMERCIAL VENTURES, INC., a Delaware corporation and NATIONAL COMMERCIAL VENTURES LLC, a Delaware limited liability company, Defendants.
JOHN H. COTTON ESQ. Nevada Bar No. 5268 DEAN S. BENNETT, ESQ. Nevada Bar No. 6221 SHEMILLY A. BRISCOE, ESQ. Nevada Bar No. 9985 COTTON, DRIGGS, WALCH, HOLLEY, WOLOSON & THOMPSON MICHAEL J. PHILIPPI, ESQ. (Admitted pro hac vice ) LISA C. SULLIVAN, ESQ. (Admitted pro hac vice ) ALEXANDER J. DARR, ESQ. (Admitted pro hac vice ) UNGARETTI & HARRIS LLP Attorneys for Plaintiff RAIT Partnership, L.P., a Delaware limited partnership,
JOHN H. COTTON ESQ.
Nevada Bar No. 5268
DEAN S. BENNETT, ESQ.
Nevada Bar No. 6221
SHEMILLY A. BRISCOE, ESQ.
Nevada Bar No. 9985
COTTON, DRIGGS, WALCH, HOLLEY, WOLOSON & THOMPSON
MICHAEL J. PHILIPPI, ESQ. (Admitted pro hac vice)
LISA C. SULLIVAN, ESQ. (Admitted pro hac vice)
ALEXANDER J. DARR, ESQ. (Admitted pro hac vice)
UNGARETTI & HARRIS LLP
Attorneys for Plaintiff RAIT Partnership, L.P., a Delaware limited partnership,
STIPULATION & ORDER TO STAY
LITIGATION PENDING SETTLEMENT
Plaintiff, RAIT Partnership, L.P. ("RAIT"), and Defendants, Richard J. Nathan, Commercial Ventures, Inc., and National Commercial Ventures LLC ("Defendants"), by their attorneys, hereby stipulate and agree that the Court enter an order staying all proceedings in this case until May 14, 2013, in light of the Parties' settlement agreement. In support of this stipulation, the Parties state as follows:
1. On February 13, 2013, the Parties took part in a mediation in an attempt to settle the present litigation and other disputes among the parties. At the mediation, the Parties reached resolution and documented their resolution in a written settlement agreement, the material terms of which are confidential.
2. Pursuant to the terms of the settlement agreement, Defendants will complete performance of its settlement obligations on or before May 14, 2013. At that time, the Parties will jointly move to dismiss this lawsuit with prejudice.
3. Currently pending before the Court are (1) Defendants' omnibus motion to dismiss, (2) Defendants' motion to transfer venue, and (3) Defendants' evidentiary objections to Plaintiff's declaration.
4. The parties respectfully request that the Court stay the present case and its decision on the pending motions until May 14, 2013 to provide the parties adequate time to fulfill the settlement agreement and seek dismissal.
5. This request is not made to delay the litigation or prejudice any party.
WHEREFORE, Plaintiff, RAIT Partnership, L.P., and Defendants, Richard J. Nathan, Commercial Ventures, Inc., and National Commercial Ventures LLC, agree that all proceedings in this case be stayed until May 14, 2013.
Respectfully submitted, Nathanael R. Rulis
One of the Attorneys for the
Defendants
Grant K. Riley
RILEY & ASSOCIATES CA/NV
4354 W. Hacienda Ave., Suite A
Las Vegas, NV 89118
Phone: 702-436-1688
Fax: 702-436-4131
griley@rileylawca-nv.com
Mark M. Jones - NV Bar No. 267
Nathanael R. Rulis - NV Bar No. 11259
KEMP JONES & COULTHARD, LLP
3800 Howard Hughes Pwky, 17th Floor
Las Vegas, Nevada 89169
Phone: 702-385-6000
Alexander J. Darr
One of the Attorneys for Plaintiff
Michael J. Philippi*
Lisa C. Sullivan *
Alexander J. Darr*
UNGARETTI & HARRIS LLP
3500 Three First National Plaza
Chicago, Illinois 60602
Phone: 312-977-4400
Fax: 312-977-4405
John H. Cotton - Nevada Bar No. 5268
Dean S. Bennett - Nevada Bar No. 6221
Shemilly A. Briscoe - Nevada Bar No. 9985
COTTON, DRIGGS, WALCH, HOLLEY,
WOLOSON & THOMPSON
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101
Phone: 702-791-0308
ORDER
IT IS HEREBY ORDERED that this action shall be STAYED until May 14, 2013.
IT IS FURTHER ORDERED that all pending motions are DENIED without prejudice.
IT IS FURTHER ORDERED that the parties shall file a status report by May 14, 2013, if dismissal paperwork has not already been filed in the docket.
________________________
Gloria M. Navarro
United States District Judge