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Seneca Ridge Mgmt., LLC v. Children's Choice Learning Ctrs., Inc.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Nov 13, 2012
CASE NO. 2:12-cv-00491 (D. Nev. Nov. 13, 2012)

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


Summaries of

Seneca Ridge Mgmt., LLC v. Children's Choice Learning Ctrs., Inc.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Nov 13, 2012
CASE NO. 2:12-cv-00491 (D. Nev. Nov. 13, 2012)
Case details for

Seneca Ridge Mgmt., LLC v. Children's Choice Learning Ctrs., Inc.

Case Details

Full title:SENECA RIDGE MANAGEMENT, LLC, Plaintiff, v. CHILDREN'S CHOICE LEARNING…

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Nov 13, 2012

Citations

CASE NO. 2:12-cv-00491 (D. Nev. Nov. 13, 2012)