Opinion
Case File No.: 2:10-cv-00455-JCM-RJJ Case No.: 2:10-cv-00607-JCM-RJJ Case No.: 2:10-cv-00904-JCM-LRL
08-18-2011
ULTRA INTERNET MEDIA, S.A., a company organized under the laws of Nevis, West Indies; GIGAMEDIA LIMITED, a company organized under the laws of the Republic of China (Taiwan); EVEREST GAMING LIMITED, a company organized under the laws of the Republic of Malta, MANGAS GAMING SAS, a company organized under the laws of the Republic of France; MANGAS EVEREST SAS, a company organized under the laws of the Republic of France; and DOES 1-10, Plaintiff/Counter-Defendants, v. CAESARS LICENSE COMPANY, LLC, a Nevada limited liability company; and CAESARS INTERACTIVE ENTERTAINMENT, INC., a Delaware corporation, Defendants/Counterclaimants. EVEREST GAMING LIMITED, a company organized under the laws of the Republic of Malta, Plaintiff, v. CAESARS INTERACTIVE ENTERTAINMENT, INC., a Delaware Corporation; and CAESARS LICENSE COMPANY, LLC, a Nevada Limited Liability Company, Defendants.
MARQUIS & AURBACH By: JAY YOUNG, ESQ. Nevada Bar No. 05562 DAVID T. DUNCAN, ESQ. Nevada Bar No. 09546 Attorneys for Ultra Internet Media, S.A., GigaMedia Limited, and Everest Gaming Limited FITZPATRICK, CELLA, HARPER & SCINTO TIMOTHY J. KELLY, ESQ. RALPH A. DENGLER, ESQ. Admitted Pro Hac Vice Attorneys for Everest Gamins Limited HOWARD & HOWARD ATTORNEYS, PLLC By: ROBERT L. ROSENTHAL, ESQ. Nevada Bar No. 06476 Attorneys for Mangas Everest SAS and Mangas Gaming SAS SANTORO, DRIGGS, WALCH, KEARNEY, HOLLEY & THOMPSON By: NICHOLAS J. SANTORO, ESQ. Nevada Bar No. 00532 JAMES D. BOYLE, ESQ. Nevada Bar No. 08384 GIBSON, DUNN & CRUTCHER LLP JAMES P. FOGELMAN, ESQ. Nevada Bar No. 09803 SHANNON E. MADER, ESQ. California Bar No. 235271 Admitted Pro Hac Vice Attorneys for Caesars Interactive Entertainment, Inc., and Caesars License Company, LLC
NICHOLAS J. SANTORO, ESQ.
Nevada Bar No. 00532
JAMES D. BOYLE, ESQ.
Nevada Bar No. 08384
SANTORO, DRIGGS, WALCH,
KEARNEY, HOLLEY & THOMPSON
JAMES P. FOGELMAN, ESQ.
Nevada Bar No. 09803
GIBSON, DUNN & CRUTCHER LLP
Attorneys for Caesars License Company, LLC and
Caesars Interactive Entertainment, Inc.
JOINT NOTICE OF DISMISSAL OF ALL
CONSOLIDATED MATTERS
PURSUANT TO FED. R. CIV. P. 41(a)
Caesars License Company, LLC and Caesars Interactive Entertainment, Inc. (collectively, "Caesars"), by and through their undersigned counsel of record, and Ultra Internet Media, S.A. ("UIM"), Everest Gaming Limited ("Everest"), GigaMedia Ltd. ("GigaMedia"), Mangas Everest, SAS ("Mangas Everest") and Mangas Gaming, SAS ("Mangas Gaming"), by and through their undersigned counsel of record, hereby submit this Joint Notice of Voluntary Dismissal of All Consolidated Matters Pursuant to Fed. R. Civ. P. 41(a) (the "Notice").
Specifically, Caesars, UIM, Everest, GigaMedia, Mangas Everest and Mangas Gaming hereby jointly stipulate and agree as follows:
1. UIM hereby dismisses each and every one of its claims against Caesars WITH PREJUDICE, as alleged in Consolidated Base Case No. 2:10-cv-00455-JCM-RJJ;
2. Caesars hereby dismisses each and every one of its counterclaims against UIM WITH PREJUDICE, as alleged in Consolidated Base Case No. 2:10-cv-00455-JCM-RJJ;
3. Caesars hereby dismisses each and every one of its counterclaims against GigaMedia WITH PREJUDICE, as alleged in Consolidated Base Case No. 2:10-cv-00455-JCM-RJJ;
4. Caesars hereby dismisses each and every one of its counterclaims against Mangas Everest WITH PREJUDICE, as alleged in Consolidated Base Case No. 2:10-cv-00455-JCM-RJJ;
5. Caesars hereby dismisses each and every one of its counterclaims against Mangas Gaming WITH PREJUDICE, as alleged in Consolidated Base Case No. 2:10-cv-00455-JCM-RJJ;
6. Caesars hereby dismisses each and every one of its claims against UIM WITH PREJUDICE, as alleged in Consolidated Case No. 2:10-cv-00607-JCM-RJJ;
7. UIM hereby dismisses each and every one of its counterclaims against Caesars WITH PREJUDICE, as alleged in Consolidated Case No. 2:10-cv-00607-JCM-RJJ; and
8. Everest hereby dismisses each and every one of its claims against Caesars WITH PREJUDICE, as alleged in Consolidated Case No. 2:10-cv-00904-JCM-LRL.
9. Each of the parties shall pay all of its own legal fees, costs, and any other expenses incurred or to be incurred in connection with the litigation.
In light of the foregoing dismissals, the Parties further stipulate and agree to vacate the hearing scheduled for August 25, 2011 regarding pending motions for summary judgment and motions for partial summary judgment (see Docket No. 280).
MARQUIS & AURBACH
By: JAY YOUNG, ESQ.
Nevada Bar No. 05562
DAVID T. DUNCAN, ESQ.
Nevada Bar No. 09546
Attorneys for Ultra Internet Media, S.A.,
GigaMedia Limited, and Everest Gaming
Limited
FITZPATRICK, CELLA, HARPER & SCINTO
TIMOTHY J. KELLY, ESQ.
RALPH A. DENGLER, ESQ.
Admitted Pro Hac Vice
Attorneys for Everest Gamins Limited
HOWARD & HOWARD ATTORNEYS, PLLC
By: ROBERT L. ROSENTHAL, ESQ.
Nevada Bar No. 06476
Attorneys for Mangas Everest SAS and Mangas Gaming SAS
SANTORO, DRIGGS, WALCH,
KEARNEY, HOLLEY & THOMPSON
By: NICHOLAS J. SANTORO, ESQ.
Nevada Bar No. 00532
JAMES D. BOYLE, ESQ.
Nevada Bar No. 08384
GIBSON, DUNN & CRUTCHER LLP
JAMES P. FOGELMAN, ESQ.
Nevada Bar No. 09803
SHANNON E. MADER, ESQ.
California Bar No. 235271
Admitted Pro Hac Vice
Attorneys for Caesars Interactive
Entertainment, Inc., and
Caesars License Company, LLC
ORDER
Pursuant to the stipulation and agreement of counsel for Caesars Interactive Entertainment, Inc., and Caesars License Company, LLC, counsel for Ultra Internet Media, S.A. ("UIM"), GigaMedia Limited ("GigaMedia"), and Everest Gaming Limited ("Everest Gaming"), and counsel for Mangas Everest SAS ("Mangas Everest") and Mangas Gaming SAS ("Mangas Gaming") as set forth above, the Court hereby ORDERS and DECREES as follows:
1. UIM's claims against Caesars, as alleged in Consolidated Base Case No. 2:10-cv-00455-JCM-RJJ, are hereby dismissed WITH PREJUDICE;
2. Caesars' counterclaims against UIM, as alleged in Consolidated Base Case No. 2:10-cv-00455-JCM-RJJ, are hereby dismissed WITH PREJUDICE;
3. Caesars' counterclaims against GigaMedia, as alleged in Consolidated Base Case No. 2:10-cv-00455-JCM-RJJ, are hereby dismissed WITH PREJUDICE;
4. Caesars' counterclaims against Mangas Everest, as alleged in Consolidated Base Case No. 2:10-cv-00455-JCM-RJJ, are hereby dismissed WITH PREJUDICE;
5. Caesars' counterclaims against Mangas Gaming, as alleged in Consolidated Base Case No. 2:10-cv-00455-JCM-RJJ, are hereby dismissed WITH PREJUDICE;
6. Caesars' claims against UIM, as alleged in Consolidated Case No. 2:10-cv-00607-JCM-RJJ, are hereby dismissed WITH PREJUDICE;
7. UIM's counterclaims against Caesars, as alleged in Consolidated Case No. 2:10-cv-00607-JCM-RJJ, are hereby dismissed WITH PREJUDICE;
8. Everest's claims against Caesars, as alleged in Consolidated Case No. 2:10-cv-00904-JCM-LRL, are hereby dismissed WITH PREJUDICE; and
9. In light of the foregoing dismissals, the Court hereby VACATES the hearing scheduled for August 25, 2011 regarding pending motions for summary judgment and motions for partial summary judgment (see Docket No. 280).
IT IS SO ORDERED.
JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE