DECLARATIONS.
BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES AND DECLARES: (A) THAT THE
PARTY HAS FULLY AND CAREFULLY READ THE AGREEMENT; (B) THAT THE PARTY CLEARLY
UNDERSTANDS THAT THE AGREEMENT IS A COMPLETE AND FINAL SETTLEMENT; (C) THAT THE
PARTY CLEARLY UNDERSTANDS THE MEANING, PURPOSE, AND INTENT OF EACH PROVISION OF
THE AGREEMENT, AND THAT EACH PROVISION IS CLEAR AND DEFINITE; (D) THAT PINNACLE
ON THE ONE HAND, AND RSUI ON THE OTHER, HAVE NOT RELIED UPON ANY REPRESENTATION
OF THE OTHER IN AGREEING TO THE TERMS OF THIS AGREEMENT; AND (E) THAT THE PARTY
HAS BEEN REPRESENTED BY COMPETENT LEGAL COUNSEL WITH RESPECT TO NEGOTIATING,
EXPLAINING, AND ENTERING INTO THIS AGREEMENT.
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IN WITNESS WHEREOF, the Parties, and each of them, hereby execute this
Settlement Agreement and Mutual Release in consideration of the mutual promises
made herein, as of the dates indicated below.
APPROVED AND AGREED TO:
PINNACLE ENTERTAINMENT, INC.
Dated: February 4, 2010
By:
/s/ John A. Godfrey
John A. Godfrey
Its: Executive Vice President,
General Counsel and Secretary
RSUI INDEMNITY COMPANY
Dated: February 8, 2010
By:
/s/ Michael Koski
Its: VP, Claims
-13-
Exhibit 1
BROWNSTEIN HYATT FARBER SCHRECK LLP
James J. Pisanelli (NV SBN 4027)
300 South Fourth Street, Suite 1200
Las Vegas, Nevada 89101
Telephone: (702) 382-2101
IRELL & MANELLA LLP
Marc S. Maister (CA SBN 155980)
Harry J. Schulz, III (CA SBN 205625)
840 Newport Center Drive, Suite 400
Newport Beach, California 92660-6324
Telephone: (949) 760-0991
Attorneys for Plaintiff
Pinnacle Entertainment, Inc.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
PINNACLE ENTERTAINMENT,
)
Case No. 2:06-cv-00935-RCJ-LRL
INC., a Delaware corporation,
)
)
JOINT STIPULATION AND
Plaintiff,
)
REQUEST FOR DISMISSAL
)
PURSUANT TO FEDERAL RULE
vs.
)
41(a); [PROPOSED] ORDER
)
THEREON
ALLIANZ GLOBAL RISKS US
)
INSURANCE COMPANY, a California
)
corporation, ARCH SPECIALTY
)
INSURANCE COMPANY, a
)
Wisconsin corporation, and RSUI
)
INDEMNITY COMPANY, a New
)
Hampshire corporation,
)
)
Defendants.
)
)
)
STIPULATED REQUEST FOR DISMISSAL PURSUANT
TO FEDERAL RULE 41(a) AND ORDER THEREON
IT IS HEREBY STIPULATED AND AGREED TO by Plaintiff Pinnacle Entertainment, Inc.
("Pinnacle") and Defendant RSUI Indemnity Company ("RSUI"), through their
designated counsel, that pursuant to FRCP 41(a)(2), the above-captioned matter
be, and hereby is, dismissed with prejudice. These two parties have entered into
a settlement agreement resolving all issues, claims and disputes with respect to
this matter. Each party is to bear its own attorneys' fees, costs and expert
fees/costs. Since there are no more parties or claims in the case, this case
should be dismissed in its entirety.
Dated: February __, 2010
CLAUSEN MILLER PC
By:
Andrew Jacobson
Attorneys for Defendant RSUI
Indemnity Company
Dated: February __, 2010
IRELL & MANELLA LLP
By:
Harry J. Schulz, III
Attorneys for Plaintiff
Pinnacle Entertainment, Inc.
IT IS SO ORDERED:
UNITED STATES DISTRICT JUDGE
DATED:
-1- STIPULATED REQUEST FOR DISMISSAL PURSUANT
TO FEDERAL RULE 41(a) AND ORDER THEREON