Opinion
Case No. 2:12-cv-01042-JCM-CWH
02-01-2013
SHFL ENTERTAINMENT, INC., a Minnesota corporation, Plaintiff, v. AVALINX, INC., an Ohio limited liability company, Defendant.
TAMARA BEATTY PETERSON (Nevada Bar No. 5218) LAURA E. BIELINSKI (Nevada Bar No. 10516) BROWNSTEIN HYATT FARBER SCHRECK, LLP Attorneys for Plaintiff SHFL entertainment, Inc. JOHN A. CURTAS, ESQ. LAW OFFICES OF JOHN A. CURTAS Attorneys for Defendant Avalinx, Inc.
TAMARA BEATTY PETERSON (Nevada Bar No. 5218)
LAURA E. BIELINSKI (Nevada Bar No. 10516)
BROWNSTEIN HYATT FARBER SCHRECK, LLP
Attorneys for Plaintiff
SHFL entertainment, Inc.
STIPULATION AND ORDER TO DISMISS CASE WITHOUT PREJUDICE
Plaintiff SHFL entertainment, Inc. ("Plaintiff"), by and through its attorneys of record, the law firm of Brownstein Hyatt Farber Schreck, LLP, and Defendant Avalinx, Inc. ("Defendant"), by and through its attorneys of record, the Law Offices of John A. Curtas, hereby submit this Stipulation and Order to Dismiss Case Without Prejudice, and in support thereof stipulate and agree as follows:
WHEREAS, Plaintiff initiated the above-referenced case, SHFL entertainment, Inc. v. Avalinx, Inc., Case No. 2:12-cv-01042-JCM-CWH ("Nevada Action") by filing its Complaint for Damages and Injunctive Relief ("Complaint") on June 19, 2012. Defendant was served with the Summons and Complaint on June 21, 2012;
WHEREAS, Defendant filed its Answer to Complaint on January 3, 2013;
WHEREAS, Plaintiff and Defendant are currently parties to an action pending in the United States District Court for the Central District of California, entitled SHFL entertainment, Inc. v. Avalinx, Inc. Case No. 2:12-cv-07473 DSF (MRWx) ("California Action");
WHEREAS, the parties have agreed to dismiss the Nevada Action without prejudice and litigate the claims raised in the Nevada Action in California;
WHEREAS, on January 16, 2013, the parties filed a Stipulation to File First Amended Complaint in the California Action, to amend the Complaint in the California Action so that it includes the claims raised in the Nevada Action;
WHEREAS, on January 17, 2013, the First Amended Complaint was filed in the California Action, including among other claims the claims raised in the Nevada Action;
WHEREAS, each party reserves the right to seek attorneys' fees and costs for the Nevada Action at the conclusion of the California Action;
IT IS THEREFORE STIPULATED AND AGREED between Plaintiff and Defendant that the Court enter an order dismissing the Nevada Action in its entirety, without prejudice, and with the understanding that the claims in the Nevada Action will continue to be litigated in the California Action. BY: _______________
TAMARA BEATTY PETERSON
LAURA E. BIELINSKI
BROWNSTEIN HYATT FARBER
SCHRECK, LLP
Attorneys for Plaintiff
SHFL entertainment, Inc.
BY: _______________
JOHN A. CURTAS, ESQ.
LAW OFFICES OF JOHN A. CURTAS
Attorneys for Defendant Avalinx, Inc.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Case No. 2:12-cv-01042-JCM-CWH is dismissed in its entirety, WITHOUT PREJUDICE;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the parties' right to seek attorneys' fees and costs for the Nevada Action at the conclusion of the California Action is hereby preserved.
_______________
UNITED STATES DISTRICT JUDGE
Respectfully submitted,
BROWNSTEIN HYATT FARBER
SCHRECK, LLP
By: _______________
Tamara Beatty Peterson (# 5218)
Laura E. Bielinski (# 10516)
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106-4614
Attorneys for Plaintiff
SHFL entertainment, Inc.