Rait Partnership, L.P. v. Nathan et al
Filing
61
ORDER Granting 60 Motion to Stay Pending Settlement. All Pending Motions shall be Denied without prejudice. Status Report due by 5/14/2013. Signed by Judge Gloria M. Navarro on 2/21/2013. (Copies have been distributed pursuant to the NEF - SLR)
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JOHN H. COTTON ESQ.
Nevada Bar No. 5268
E-mail: JhCotton@cdwnvlaw.com
DEAN S. BENNETT, ESQ.
Nevada Bar No. 6221
E-mail: dbennett@nevadafirm.com
SHEMILLY A. BRISCOE, ESQ.
Nevada Bar No. 9985
E-mail: sbriscoe@nevadafirm.com
COTTON, DRIGGS, WALCH,
HOLLEY, WOLOSON & THOMPSON
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101
Telephone: 702/791-0308
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
3500 Three First National Plaza
Chicago, Illinois 60602
Telephone: 312/977-4400
E-mail: mjphilippi@uhlaw.com
Attorneys for Plaintiff RAIT Partnership, L.P., a Delaware limited partnership,
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RAIT PARTNERSHIP, L.P., a Delaware limited
partnership,
Plaintiff,
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RICHARD J. NATHAN, an individual,
COMMERCIAL VENTURES, INC., a Delaware
corporation and NATIONAL COMMERCIAL
VENTURES LLC, a Delaware limited liability
company,
Defendants.
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-109672-01/
4843-9439-5154.2
2:12-CV-01643-GMN-CWH
STIPULATION & ORDER TO STAY
LITIGATION PENDING SETTLEMENT
v.
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CASE NO.:
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Plaintiff, RAIT Partnership, L.P. (“RAIT”), and Defendants, Richard J. Nathan,
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Commercial Ventures, Inc., and National Commercial Ventures LLC (“Defendants”), by their
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attorneys, hereby stipulate and agree that the Court enter an order staying all proceedings in this
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case until May 14, 2013, in light of the Parties’ settlement agreement. In support of this
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stipulation, the Parties state as follows:
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On February 13, 2013, the Parties took part in a mediation in an attempt to settle
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the present litigation and other disputes among the parties. At the mediation, the Parties reached
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resolution and documented their resolution in a written settlement agreement, the material terms
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of which are confidential.
2.
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Pursuant to the terms of the settlement agreement, Defendants will complete
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performance of its settlement obligations on or before May 14, 2013. At that time, the Parties
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will jointly move to dismiss this lawsuit with prejudice.
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Currently pending before the Court are (1) Defendants’ omnibus motion to
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dismiss, (2) Defendants’ motion to transfer venue, and (3) Defendants’ evidentiary objections to
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Plaintiff’s declaration.
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The parties respectfully request that the Court stay the present case and its
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decision on t he pending motions until May 14, 2013 to provide the parties adequate time to
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fulfill the settlement agreement and seek dismissal.
5.
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This request is not made to delay the litigation or prejudice any party.
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-209672-01/
4843-9439-5154.2
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WHEREFORE, Plaintiff, RAIT Partnership, L.P., and Defendants, Richard J. Nathan,
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Commercial Ventures, Inc., and National Commercial Ventures LLC, agree that all proceedings
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in this case be stayed until May 14, 2013.
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Dated: February 15, 2013
Respectfully submitted,
/s/ Nathanael R. Rulis_____________
One of the Attorneys for the
Defendants
/s/ Alexander J. Darr_____________
One of the Attorneys for Plaintiff
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
Michael J. Philippi*
Lisa C. Sullivan *
Alexander J. Darr*
UNGARETTI & H ARRIS LLP
3500 Three First National Plaza
Chicago, Illinois 60602
Phone: 312-977-4400
Fax: 312-977-4405
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
John H. Cotton - Nevada Bar No. 5268
Dean S. Bennett - Nevada Bar No. 6221
Shemilly A. Briscoe – Nevada Bar No. 9985
COTTON, DRIGGS , WALCH, H OLLEY,
WOLOSON & THOMPSON
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101
Phone: 702-791-0308
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ORDER
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IT IS HEREBY ORDERED that this action shall be STAYED until May 14, 2013.
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IT IS HEREBY ORDERED that this action shall be stayed until May 14, 2013.
IT IS FURTHERORDERED that this pendingshall be stayed until May 14, 2013.
IT IS HEREBY ORDERED that all action motions are DENIED without prejudice.|
IT IS FURTHER ORDERED that all pending motions are denied without prejudice.
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,
IT paperwork has not already that filed in the docket. a status report by May 14, 2013,
file
if dismissalIS FURTHER ORDERED been the parties shallshall file a status report by May 14,
IT IS FURTHER has not already been filed
if dismissal paperworkORDERED that the parties in the docket.
IT IS SO ORDERED this _____ day of February, 2013.
DATED this 21st day has not already been
2013, if dismissal paperwork of February, 2013. filed in the docket.
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DATED this 21st day of February, 2013.
________________________________
Gloria M. Navarro
United States District Judge
________________________________
Gloria M. Navarro
United States District Judge
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-309672-01/
4843-9439-5154.2
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