Ferris v. Wynn Resorts Limited ( 2024 )

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 John V. Ferris, et al., Case No. 2:18-cv-00479-CDS-BNW 5 Plaintiffs Order Granting Defendants’ Motion to Withdraw Motion for Partial Summary 6 v. Judgment and Related Filings 7 Wynn Resorts, N.A., et al., 8 Defendants [ECF Nos. 337, 346, 416, 423, 424, 428] 9 10 The parties have settled this action and therefore the defendants, Wynn Resorts, Ltd. 11 and Matthew Maddox (collectively, “the defendants”), seek to withdraw their previously filed 12 motion for partial summary judgment and related filings. Mot. to withdraw, ECF No. 428 13 (referencing ECF Nos. 314–323; 343–345). If withdrawal is granted, defendants also request that 14 the court moot the motions to seal submitted in connection with their partial summary motion. 15 Id. During an October 10, 2024, hearing on a separate motion, plaintiffs advised the court that 16 they would be taking no position as to defendants’ request to withdraw, so the court resolves 17 this motion without waiting for a response from plaintiffs. See Hr’g tr., ECF No. 430 at 10. 18 Given that this matter has settled, the court grants defendants’ motion to withdraw the 19 motion for partial summary judgment and related filings. Because the summary judgment 20 motion is now withdrawn, the related motions to seal those documents (ECF Nos. 337, 346, 416) 21 are moot. See Eli Lilly & Co. v. Genentech, Inc., 2013 WL 4396718, at *1 (N.D. Cal. Aug. 13, 2013) 22 (denying motion to seal documents related to motions that the court denied as moot). Further, 23 the withdrawal of the motion and the related sealing motions moots Magistrate Judge Brenda 24 Weksler’s order addressing a motion to seal (ECF No. 420), defendants’ pending motion for 25 reconsideration (ECF No. 423) and objection/appeal (ECF No. 424). 26 1 Conclusion 2 Accordingly, it is hereby ordered that defendants’ motion to withdraw [ECF No. 428] is GRANTED. Defendants’ motion for partial summary judgment and related filings (ECF Nos. 4|| 314-323; 343-345) are withdrawn without prejudice. 5 It is further ordered that the parties’ motions to seal and joinder [ECF Nos. 337, 346, 6||416] are DENIED as moot. The parties are excused from filing public versions of the documents 7|| provisionally filed under seal in association with the motions to seal. 8 It is further ordered that Judge Weksler’s order addressing a motion to seal (ECF No. 9] 420) is also now mooted, so defendants’ motion for reconsideration [ECF No. 423] and 10]| objection/appeal [ECF No. 424] are denied as moot. ‘) Dated: October 21, 2024 // 12 f 6a_—— 13 Uyhiea States Di trict Jud pie ates District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26