Opinion
CASE NO. 2:12-cv-00491
11-13-2012
SENECA RIDGE MANAGEMENT, LLC, Plaintiff, v. CHILDREN'S CHOICE LEARNING CENTERS, INC., Defendant.
Joseph S. Luchini, Esq. REED SMITH LLP Robert J. Caldwell, Esq. KOLESAR & LEATHAM Attorneys for Plaintiff, SENECA RIDGE MANAGEMENT, LLC David J. Larson, Esq. WEINBERG, WHEELER, HUDGINS, GUNN & DIAL Attorneys for Defendant, CHILDREN'S CHOICE LEARNING CENTERS, INC.
ROBERT J. CALDWELL, ESQ.
Nevada Bar No. 007637
E. DANIEL KIDD, ESQ.
Nevada Bar No. 010106
KOLESAR & LEATHAM
and JOSEPH S. LUCHINI, ESQ. (Admitted Pro Hac Vice)
REED SMITH LLP
Attorneys for Plaintiff
SENECA RIDGE MANAGEMENT, LLC
STIPULATION AND ORDER TO
VACATE PREVIOUS ORDER AND
ORDER TO DISMISS ACTION
WITHOUT PREJUDICE PURSUANT
TO RULE 41(a)(2)
The parties, Seneca Ridge Management, LLC ("Seneca Ridge") and Defendant Children's Choice Learning Centers, Inc. ("CCLC") (collectively the "Parties") have agreed to a settlement of this current action which requires, among other consideration, that the Court's July 26, 2012 Order which granted, in part, CCLC's Motion to Dismiss be vacated and that the Court's decision on the Motion to Dismiss be deemed pending, and that thereafter this action be voluntarily dismissed without prejudice.
Accordingly, the Parties hereby agree and request that the Court order that that portion of this Court's July 26, 2012 Order [Doc. No. 16] which granted in any part Defendant's Motion to Dismiss the Complaint [Doc. No. 10] be vacated and the Court's decision on said motion be deemed pending and having vacated this Court's July 26, 2012 Order, the Court, pursuant to Rule 41(a)(2) voluntarily dismiss without prejudice the entire action including the Complaint, Counts I to V, with each Party to bear its own costs. It is the intention of the Parties and of this Order that the Complaint as originally filed be voluntarily dismissed without prejudice.
IT IS SO STIPULATED ____________________
Joseph S. Luchini, Esq.
REED SMITH LLP
and
Robert J. Caldwell, Esq.
KOLESAR & LEATHAM
Attorneys for Plaintiff, SENECA RIDGE
MANAGEMENT, LLC
__________________
David J. Larson, Esq.
WEINBERG, WHEELER, HUDGINS, GUNN & DIAL
Attorneys for Defendant, CHILDREN'S CHOICE
LEARNING CENTERS, INC.
IT IS SO ORDERED November 13, 2012.
______________________________
United States District Court Judge