United States District Court, D. Nevada
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
STIPULATION AND ORDER FOR COURT DETERMINATION OF GOOD
FAITH SETTLEMENT AND DISMISSAL WITH PREJUDICE OF ALL
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.
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
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.
March 20, 2017 Granite State joined that Notice of Removal.
March 21, 2017 this Court issued a Minute Order assigning the
matter to Judge Andrew P. Gordon.
Lockton Affinity, Ryan and Granite all answered Gun
Garage's Complaint and denied liability for any claims.
August and September, 2017 the Defendants individually
negotiated settlements with Gun Garage.
of the relevant settlement terms is that there would be a
determination by this Court that the settlements were reached
in good faith.
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.
parties, therefore, now entered the following stipulations.
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