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Performance Rhino, LLC v. Granite State Insurance Co.

United States District Court, D. Nevada

September 20, 2017

PERFORMANCE RHINO LLC d/b/a GUN GARAGE/GAG, Plaintiff,
v.
GRANITE STATE INSURANCE COMPANY, a New York corporation; LOCKTON AFFINITY LLC, a Missouri limited liability company; BRENT RYAN, an individual and as Account Manager for LOCKTON AFFINITY, LLC; DOES I through X, inclusive; and ROE CORPORATIONS I through X, inclusive, Defendants.

          Marquis Aurbach Coffing Jason M. Gerber, Esq. Nevada Bar No. 9812 Jared M. Moser, Esq. Nevada Bar No. 13003 10001 Attorneys for Plaintiff Performance Rhino, LLC d/b/a Gun Garage/GAG

          STIPULATION AND ORDER FOR COURT DETERMINATION OF GOOD FAITH SETTLEMENT AND DISMISSAL WITH PREJUDICE OF ALL CLAIMS

         Pursuant to LR IA 6-1 and LR 26-4, Plaintiff Performance Rhino, LLC d/b/a Gun Garage/GAG ("Plaintiff), by and through its attorneys of record, Jason M. Gerber, Esq. and Jared M. Moser, Esq., of the law firm of Marquis Aurbach Coffing; Defendant Granite State Insurance Company ("Granite State"), by and through its attorney of record, Andrew B. Downs, Esq., of the law firm of Bullivant Houser Bailey, PC; and Defendants Lockton Affinity Series of Lockton Affinity, LLC f/k/a Lockton Affinity, LLC, f/k/a Lockton Risk Services, Inc. ("Lockton") and Brent Ryan ("Ryan"), by and through their attorneys of record, Marc S. Cwik, Esq. and Steven L. Foremaster, Esq., of the law firm of Lewis Brisbois Bisgaard & Smith, LLP, hereby request and stipulate as follows.

         I. RECITALS.

         1. On February 16, 2017 Plaintiff Performance Rhino, LLC dba Gun Garage ("Gun Garage") filed this action against Granite State Insurance Company ("Granite State"), Lockton Affinity, LLC ("Lockton") and Brent Ryan ("Ryan").

         2. On March 17, 2017 Lockton Affinity and Ryan filed a Notice of Removal from Nevada State District Court to the U.S. District Court for the District of Nevada.

         3. On March 20, 2017 Granite State joined that Notice of Removal.

         4. On March 21, 2017 this Court issued a Minute Order assigning the matter to Judge Andrew P. Gordon.

         5. Lockton Affinity, Ryan and Granite all answered Gun Garage's Complaint and denied liability for any claims.

         6. In August and September, 2017 the Defendants individually negotiated settlements with Gun Garage.

         7. One of the relevant settlement terms is that there would be a determination by this Court that the settlements were reached in good faith.

         8. The parties wish to keep their settlement amounts confidential from the public record and have agreed to submit the settlement amounts to the Court for an in-camera review, should this Court request to view the settlement amounts.

         9. The parties, therefore, now entered the following stipulations.

         II. STIPULATIONS.

         IT IS HEREBY STIPULATED AND AGREED by and between the parties that the settlement entered into between Granite State and Gun Garage has been entered into in good faith, pursuant to NRS 17.245 and applicable case law, and any and all claims, counterclaims and third-party claims for contribution or equitable/implied indemnity of any party, person or entity against Granite and/or Gun Garage, whether compulsory or permissive, whether asserted or not, whether legal or ...


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