Filed: Jan. 21, 2020
Latest Update: Jan. 21, 2020
Summary: AMENDED STIPULATION AND ORDER TO DISMISS PLAINTIFF'S CLAIMS AGAINST SCHLOMO SCHMUEL WITH PREJUDICE ECF Nos. 11, 12, 13, 35 JENNIFER A. DORSEY , District Judge . WHEREAS, on or about August 6, 2019, Plaintiff Dwight Patent filed the instant action naming Schmuel as a co-Defendant (the "Dwight Patent Lawsuit"). This Complaint requested quiet title and declaratory relief in Dwight Patent's favor wherein Dwight Patent alleged a superior interest to Schmuel's interest for the subsurface mineral
Summary: AMENDED STIPULATION AND ORDER TO DISMISS PLAINTIFF'S CLAIMS AGAINST SCHLOMO SCHMUEL WITH PREJUDICE ECF Nos. 11, 12, 13, 35 JENNIFER A. DORSEY , District Judge . WHEREAS, on or about August 6, 2019, Plaintiff Dwight Patent filed the instant action naming Schmuel as a co-Defendant (the "Dwight Patent Lawsuit"). This Complaint requested quiet title and declaratory relief in Dwight Patent's favor wherein Dwight Patent alleged a superior interest to Schmuel's interest for the subsurface mineral ..
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AMENDED STIPULATION AND ORDER TO DISMISS PLAINTIFF'S CLAIMS AGAINST SCHLOMO SCHMUEL WITH PREJUDICE
ECF Nos. 11, 12, 13, 35
JENNIFER A. DORSEY, District Judge.
WHEREAS, on or about August 6, 2019, Plaintiff Dwight Patent filed the instant action naming Schmuel as a co-Defendant (the "Dwight Patent Lawsuit"). This Complaint requested quiet title and declaratory relief in Dwight Patent's favor wherein Dwight Patent alleged a superior interest to Schmuel's interest for the subsurface mineral rights on the property located at 1740 Hardrock Street, Las Vegas, Nevada, APN: 140-23-810-006 (the "Property"). Dwight Patent recorded two Notices of Lis Pendens against the Property in the Official Records of Clark County, as Instrument Nos. 20190809-0001263 and 20190813-0001777. At the time of this Agreement, the parties have come to a mutual resolution where in Defendant Schmuel agrees to pay $17,500.00 in return for a dismissal with prejudice of the instant action. Therefore,
IT IS HEREBY STIPULATED by and between Plaintiff, Dwight Patent 10945 Mining, LLC and Defendant, Schlomo Schmuel (collectively, the "Parties"), through their undersigned counsel, that Plaintiff's claims against Defendant, Schlomo Schmuel are immediately dismissed with prejudice.
IT IS FURTHER STIPULATED that each party will bear his/its own attorneys' fees and costs associated with this matter.
Dated this 3rd day of January 2020. Dated this 3 day of January, 2020.
CALLISTER & ASSOCIATES KOLESAR & LEATHAM
_______ ________
MITCHELL S. BISSON, ESQ. MICHAEL R. BROOKS, ESQ.
Nevada Bar No. 11920 Nevada Bar No. 007287
330 E Charleston Blvd, Ste 100 MATTHEW D. WHITTAKER, ESQ.
Las Vegas, Nevada 89104 Nevada Bar No. 013281
Co-Counsel for Plaintiff, 400 South Rampart Boulevard, Suite 400
DWIGHT PATENT 10945 MINING LLC Las Vegas, Nevada 89145
Attorneys for Defendant
SCHLOMO SCHMUEL
AMENDED ORDER
Based on the stipulation between plaintiff and defendant Schlomo Schmuel [ECF No. 35], which I construe as a joint motion under Local Rule 7-1(c) because it was signed by fewer than all the parties or their attorneys, and with good cause appearing, IT IS HEREBY ORDERED that ALL CLAIMS AGAINST DEFENDANT SCHLOMO SCHMUEL are DISMISSED with prejudice, each side to bear its own fees and costs. All pending motions [ECF Nos. 11, 12, 13] are DENIED as moot.
Plaintiff has until February 3, 2020, to file a status report advising the court how it will proceed with the remaining claims.
