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Kizer v. PTP, Inc.

United States District Court, D. Nevada

May 29, 2019

LEON MARK KIZER, Plaintiffs,
v.
PTP, INC., et al., Defendants.

          LEMONS, GRUNDY & EISENBERG By: Douglas R. Brown Dane A. Littlefield Attorneys for Plaintiff, Leon Mark

          DYER LAWRENCE, LLP By: Francis C. Flaherty Attorneys for Defendant, Pine View Estates Home Owners Association

          ALLISON MACKENZIE LTD By: Joan C. Wright Attorneys for Defendants, John Gerken; Cindy Gerken; Gregory Gerken; Max Hoseit; Christina Reinholz; Daniel Reinholz; and Wells Fargo Bank

          FIDELITY NATIONAL LAW GROUP By: Marni Rubin Watkins Attorneys for Defendants Listed on Attachment A as Represented by Fidelity National Law Group

          KELLY R. CHASE By: Kelly R. Chase Attorneys for Defendants, Chris and Joyce Howell; Kirk and Gina Johnson; Johnson Development, LLC; Tracey Morris

          CLOUSER, HEMPEN WASICK LAW GROUP, LTD By: Justin M. Clouser Attorneys for Defendants, Paul Schmidt, Successor Trustee of the Schmidt Family Trust (Melvin and Pearl Schmidt); Christine Armenta; Frank Ross

          UNITED STATES BUREAU OF INDIAN AFFAIRS By: Nicholas A. Trutanich, United States Attorney Greg Addington, Assistant United States Attorney Devon Lehman McCune, Senior Attorney Attorneys for Defendant, Bureau of Indian Affairs

          EARLY SULLIVAN WRIGHT GIZER & McRAE LLP By: Eric P. Early Scott E. Gizer Diane M. Luczon Attorneys for Defendants Listed on Attachment A as Represented by Early Sullivan Wright Gizer & McRae LLP

          ORDER OF DISMISSAL OF MOST DEFENDANTS AND PROPERTIES PURSUANT TO RULE 41(A)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE

         Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, Plaintiff Leon Mark Kizer ("Plaintiff) and Defendants Bureau of Indian Affairs ("BIA"), Pine View Estates Home Owners' Association ("HOA"), PTP, Inc. ("PTP"), and the individual defendants who have appeared in this action, ("Individual Defendants", and with BIA, HOA and PTP, "Defendants"), by and through their respective counsel of record, hereby submit this Stipulation of Dismissal as follows:

         WHEREAS, Plaintiff and Defendants executed a Settlement Agreement among Plaintiff, Defendants, and certain defendants who have not appeared in this action.

         WHEREAS, Frances and Aileen Brun have failed to appear, Plaintiffs Motion for Default Judgment to void their alleged leasehold interest in the properties commonly known as 113 Mark Street and 121 Mark Street, Gardnerville, Nevada, has been granted (ECF No. 462), and Plaintiffs Motion Requesting Entry of Judgment as to Defendants Francis and Aileen Brun voiding their alleged leasehold interest in the properties commonly known as 113 Mark Street and 121 Mark Street, Gardnerville, Nevada, has been filed (ECF No. 470).

         WHEREAS, all conditions of the Settlement Agreement have been satisfied, Plaintiff and Defendants now desire to dismiss this entire action, including all claims, counterclaims and crossclaims, with prejudice as to all defendants except for Frances and Aileen Brun and for all properties except 113 Mark Street and 121 Mark Street, Gardnerville, Nevada, in accordance with the terms of the Settlement Agreement.

         WHEREAS, Plaintiff and Defendants hereby file this Stipulation of Dismissal with prejudice of all defendants except for Frances and Aileen Brun and for all properties except 113 Mark Street and 121 Mark Street, Gardnerville, ...


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