Filed: Nov. 18, 2019
Latest Update: Nov. 18, 2019
Summary: AMENDED STIPULATION AND ORDER TO DISBURSE FUNDS DEPOSITED WITH THE COURT JAMES C. MAHAN , District Judge . Plaintiff/Counter-Defendant eTouch LV, LLC ("Plaintiff") and Defendant/Counter-Claimant eTouch Menu, Inc. ("eTM") and Scott Morrow ("Morrow") (together "Defendants"), hereby stipulate and agree that this matter has settled and that the $500,001.00 Plaintiff has deposited with the Court should be released and dispersed. ( See ECF Nos. 40, 43, 58 (three court-ordered deposits of $166,66
Summary: AMENDED STIPULATION AND ORDER TO DISBURSE FUNDS DEPOSITED WITH THE COURT JAMES C. MAHAN , District Judge . Plaintiff/Counter-Defendant eTouch LV, LLC ("Plaintiff") and Defendant/Counter-Claimant eTouch Menu, Inc. ("eTM") and Scott Morrow ("Morrow") (together "Defendants"), hereby stipulate and agree that this matter has settled and that the $500,001.00 Plaintiff has deposited with the Court should be released and dispersed. ( See ECF Nos. 40, 43, 58 (three court-ordered deposits of $166,667..
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AMENDED STIPULATION AND ORDER TO DISBURSE FUNDS DEPOSITED WITH THE COURT
JAMES C. MAHAN, District Judge.
Plaintiff/Counter-Defendant eTouch LV, LLC ("Plaintiff") and Defendant/Counter-Claimant eTouch Menu, Inc. ("eTM") and Scott Morrow ("Morrow") (together "Defendants"), hereby stipulate and agree that this matter has settled and that the $500,001.00 Plaintiff has deposited with the Court should be released and dispersed. (See ECF Nos. 40, 43, 58 (three court-ordered deposits of $166,667.00 each, for a total of $500,001.00). Specifically, the parties stipulate as follows:
On March 5, 2019, this Court ordered Plaintiff to "deposit $1.5 million with the clerk of court, in quarterly installments. . . [of] $166,667.00." (Order, ECF No. 39.) On March 8, 2019, Plaintiff made its first quarterly deposit of $166,667.00 with the Clerk of the Court. (Certificate of Deposit, ECF No. 40.) On March 29, 2019, Plaintiff made its second $166,667.00 deposit. (Certificate of Deposit, ECF No. 43.) And on June 27, 2019, Plaintiff made its third $166,667.00 deposit. (Certificate of Deposit, ECF No. 58.) Together Plaintiff's three deposits total $500,001.00.
The parties have now entered into a settlement agreement and, to facilitate that agreement, they request that the Court order the release and disbursement of the deposited $500,001.00, by two separate checks, as follows:
1. Four Hundred Fifty Thousand and 00/100 Dollars ($450,000.00) payable to eTouch Menu, Inc., a Minnesota corporation. (eTouch Menu, Inc.'s W9 is attached.)
2. Fifty Thousand One and 00/100 Dollars ($50,001.00) payable to eTouch LV, LLC, a Nevada limited liability company. (eTouch LV, LLC's W9 is attached.)
3. One hundred percent (100%) of the interest that has accrued is to be issued to eTouch LV, LLC.
4. The check for eTouch Menu, Inc. is to be mailed to eTouch Menu, Inc., Attention: Scott Morrow, 9540 Laketown Rd., Chaska, MN 55318.
5. The check(s) for eTouch LV, LLC is to be mailed to eTouch LV, LLC, Attention: Gary Kapral, 10100 W. Charleston Blvd., Ste. 130, Las Vegas, NV 89135.
The parties further stipulate that Plaintiff has no further obligation to deposit any additional funds with the Court and that Plaintiff's obligations under the March 5, 2019, Order are discharged. This stipulation disposes of all of the funds currently deposited with the Court.
IT IS SO STIPULATED.
Dated this 14th day of November, 2019. Dated this 14th day of November, 2019.
LEWIS ROCA ROTHGERBER CHRISTIE HOLLEY DRIGGS WALCH FINE
LLP WRAY PUZEY & THOMPSON, LTD.
By: /s/ John E. Bragonje By: /s/ F. Thomas Edwards
John E. Bragonje (SBN 9519) F. Thomas Edwards (SBN 9549)
Jennifer K. Hostetler (SBN 11994) 400 South Fourth Street, Third Floor
Brian D. Blakely (SBN 13074) Las Vegas, NV 89101
3993 Howard Hughes Pkwy, Suite 600 Telephone: 702.791.0308
Las Vegas, NV 89169-5996 tedwards@nevadafirm.com
Tel: 702.949.8200
jbragonje@lrrc.com
jhostetler@lrrc.com
bblakley@lrrc.com
Attorneys for Plaintiff eTouch LV, LLC
GORDON REES SCULLY
MANSUKHANI, LLP
By: ____________________________
Robert S. Larsen (SBN 7785)
Wing Yan Wong (SBN 13622)
300 South Fourth Street, Ste. 1550
Las Vegas, NV 89101
Telephone: 702.577.9300
rlarsen@grsm.com
wwong@grsm.com
Attorneys for Defendants eTouch
Menus, Inc. and Scott Morrow
ORDER
IT IS HEREBY ORDERED that the Clerk of the Court release and disburse the $500,001.00 deposited with the Court, by two separate checks, as follows:
1. Four Hundred Fifty Thousand and 00/100 Dollars ($450,000.00) payable to eTouch Menu, Inc., a Minnesota corporation; and
2. Fifty Thousand One and 00/100 Dollars ($50,001.00) payable to eTouch LV, LLC, a Nevada limited liability company.
3. One hundred percent (100%) of the interest that has accrued is to be issued to eTouch LV, LLC.
4. The check for eTouch Menu, Inc. is to be mailed to eTouch Menu, Inc., Attention: Scott Morrow, 9540 Laketown Rd., Chaska, MN 55318.
5. The check(s) for eTouch LV, LLC is to be mailed to eTouch LV, LLC, Attention: Gary Kapral, 10100 W. Charleston Blvd., Ste. 130, Las Vegas, NV 89135.
IT IS FURTHER ORDERED that Plaintiff's obligations under the March 5, 2019, Order are discharged.
IT IS SO ORDERED.
