1 ENLevLaIdOaT B Ta.r ANNo.D 1E4R02S5O N, ESQ. 2 GREENBERG TRAURIG, LLP 10845 Griffith Peak Drive, Suite 600 3 Las Vegas, Nevada 89135 Tel: (702) 792-3773 4 Email: andersonel@gtlaw.com 5 LAURA SIXKILLER, ESQ. (Admitted Pro Hac Vice) 6 KATE L. BENVENISTE, ESQ. (Admitted Pro Hac Vice) 7 GREENBERG TRAURIG, LLP 2375 East Camelback Road, Suite 800 8 Phoenix, Arizona 85016 Tel: (602) 445-8000 9 Email: laura.sixkiller@gtlaw.com kate.benveniste@gtlaw.com 10 Attorneys for Plaintiffs/Counterdefendants Eye-Fi Holdings, LLC and Eye-Fi, LLC 11 12 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 13 EYE-FI HOLDINGS, LLC, a Delaware limited Case No. 2:24-cv-00925-JCM-MDC 14 liability company; and EYE-FI, LLC, a Nevada limited liability company, 15 Plaintiffs, STIPULATION AND ORDER 16 DISMISSING THE ACTION WITH v. PREJUDICE, WITH THE COURT 17 RETAINING JURISDICTION BRIAN BERGESON, an individual; KYLE OVER THE SETTLEMENT 18 NAKAMOTO, an individual; and 3 DOTS, LLC, AGREEMENT a Nevada limited liability company, 19 Defendants. 20 And Related Counterclaims 21 22 IT IS HEREBY STIPULATED, by and among Plaintiffs/Counterdefendants EYE-FI 23 HOLDINGS, LLC and EYE-FI, LLC (collectively, “Eye-Fi”) and Defendants/Counterclaimants 24 BRIAN BERGESON (“Bergeson”), 3 DOTS, LLC (“3 Dots”), and KYLE NAKAMOTO 25 (“Nakamoto,” and collectively with Eye-Fi, Bergeson and 3 Dots, the “Parties”), through their 26 undersigned counsel, as follows: 27 / / / 28 / / / 1 WHEREAS the Parties have entered into a Confidential Settlement Agreement and 2 Mutual Release (“Settlement Agreement”), which the Parties incorporate by this reference 3 subject to its strict confidentiality and without waiving the confidentiality of such Settlement 4 Agreement. 5 WHEREAS the Settlement Agreement resolves all claims, counterclaims and defenses 6 that have been or could be asserted in this action. 7 WHEREAS Federal Rule of Civil Procedure 41(a) provides for the voluntary dismissal 8 of an action by stipulation signed by all parties who have appeared or by court order on terms the 9 court considers proper. 10 WHEREAS the Settlement Agreement involves ongoing obligations by and between 11 the Parties over a multi-year period. 12 WHEREAS the Settlement Agreement further provides, in relevant part, that the Parties 13 are to dismiss this action in its entirety with prejudice subject to the terms of the Settlement 14 Agreement, with each of the Parties bearing their own attorneys’ fees and costs and waiving all 15 rights of appeal, and with the Court maintaining jurisdiction for the purpose of 16 enforcement of the Parties’ obligations under the Settlement Agreement until its terms are 17 performed in full. 18 WHEREAS this Court has authority to maintain ancillary jurisdiction to interpret 19 and enforce settlement agreements where the Parties’ obligation to comply with the terms 20 of the settlement agreement is made part of the order of dismissal “either by separate provision 21 (such as a provision ‘retaining jurisdiction’ over the settlement agreement) or by incorporating 22 the terms of the settlement agreement in the order” is well-settled. Kokkonen v. Guardian Life 23 Ins. Co. of Am., 511 U.S. 375, 381, 114 S.Ct. 1673 (1994); see also K.C. ex rel. Erica C. v. 24 Torlakson, 762 F.3d 963, 967 (9th Cir. 2014). 25 THEREFORE, IT IS HEREBY STIPULATED, by and among the Parties, that this 26 action shall be dismissed in its entirety with prejudice subject to the terms of the Settlement 27 Agreement, with each of the Parties to bear their own attorneys’ fees and costs, with the Parties 28 waiving all rights of appeal, and with this Court maintaining ancillary jurisdiction to interpret and 1 IT IS FURTHER STIPULATED, by and among the Parties, that any pending deadlines 2 || and hearings should be vacated. 3 IT IS SO STIPULATED. 4 || GREENBERG TRAURIG, LLP SYLVESTER & POLEDNAK, LTD. 5 /s/ Elliot T. Anderson /s/ Matthew T. Kneeland 6 || ELLIOT T. ANDERSON, ESQ. JEFFREY R. SYLVESTER, ESQ. Nevada Bar No. 14025 Nevada Bar No. 4396 7 10845 Griffith Peak Drive, Suite 600 MATTHEW T. KNEELAND, ESQ. Las Vegas, Nevada 89135 Nevada Bar No. 11829 8 1731 Village Center Circle LAURA SIXKILLER, ESQ. Las Vegas, Nevada 89134 9 || (Admitted Pro Hac Vice) KATE L. BENVENISTE, ESQ. Attorneys for Defendant/Counterclaimant 10 || (Admitted Pro Hac Vice) Brian Bergeson and Defendant 3 Dots, GREENBERG TRAURIG, LLP LLC 11 2375 East Camelback Road, Suite 800 D Phoenix, Arizona 85016 SHEA LARSEN Attorneys for Plaintiffs/Counterdefendants 13 Eye-Fi, Holdings, LLC and Eye-Fi, LLC /s/ Kyle M. Wyant BART K. LARSEN, ESQ. 14 Nevada Bar No. 8538 KYLE M. WYANT, ESQ. WS Nevada Bar No. 14652 1731 Village Center Circle, Suite 150 16 Las Vegas, Nevada 89134 17 Attorneys for Defendant/Counterclaimant 18 Kyle Nakamoto
19 20 IT IS SO ORDERED: 21 9 NBA he 1 8. Atalan 33 UN!TED STATES DISTRICT JUDGE
24 25 26 27 28
From: Matthew Kneeland To: Sixkiller, Laura (Shld-PHX-LT); kwyant@shea.law Ce: blarsen@shea.law; Flintz, Andrea (LSS-LV-LT); Anderson, Elliot (Assoc-LV-LT) Subject: RE: Eye-Fi/3 Dots- Stip for Dismissal Date: Friday, May 2, 2025 3:00:51 PM Attachments: image001.pnq *EXTERNAL TO GT* Yep
Matthew T. Kneeland Sylvester & Polednak, Ltd. 1731 Village Center Circle Las Vegas, Nevada 89134 Telephone: (702) 952-5200 Facsimile: (702) 952-5205 Email: matthew@sylvesterpolednak.com The preceding message and any attachments may contain legally privileged and/or confidential information intended only for use by the addressee(s) named herein. If you believe that it has been sent to you in error, please reply to the sender that you received the message in error and then permanently delete the original. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. Nothing in this email message, including the typed name of the sender and/or this signature block, is intended to constitute an electronic signature unless a specific statement to the contrary is included in the message. Please consider the environment before printing this e-mail.
From: Laura.Sixkiller@gtlaw.com Sent: Friday, May 2, 2025 2:59 PM To: kwyant@shea.law; Matthew Kneeland Ce: blarsen@shea.law; flintza@gtlaw.com; andersonel@gtlaw.com Subject: Eye-Fi/3 Dots- Stip for Dismissal Gentlemen: Confirming we have authority to e-sign for Kyle and Matt on the attached stipulation, which incorporates the edits we received from Kyle. Thanks! Laura Laura Sixkiller Shareholder Greenberg Traurig, LLP 2375 E. Camelback Rd. | Suite 800 | Phoenix, AZ 85016
To: Sixkiller, Laura (Shld-PHX-LT); Matthew@SylvesterPolednak.com Cc: Bart Larsen; Flintz, Andrea (LSS-LV-LT); Anderson, Elliot (Assoc-LV-LT) Subject: RE: Eye-Fi/3 Dots- Stip for Dismissal Date: Friday, May 2, 2025 3:01:27 PM Attachments: image001.png *EXTERNAL TO GT* You may use my e-signature. Best, Kyle M. Wyant, Esq. SHEA LARSEN 1731 Village Center Circle, Suite 150 Las Vegas, Nevada 89134 Office: (702) 471-7432 Direct: (702) 779-3816 Mobile: (301) 606-4092 Email: kwyant@shea.law This message was sent from Shea Larsen and is intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to the attorney-client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply e-mail and delete this message. Thank you.
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1 ENLevLaIdOaT B Ta.r ANNo.D 1E4R02S5O N, ESQ. 2 GREENBERG TRAURIG, LLP 10845 Griffith Peak Drive, Suite 600 3 Las Vegas, Nevada 89135 Tel: (702) 792-3773 4 Email: andersonel@gtlaw.com 5 LAURA SIXKILLER, ESQ. (Admitted Pro Hac Vice) 6 KATE L. BENVENISTE, ESQ. (Admitted Pro Hac Vice) 7 GREENBERG TRAURIG, LLP 2375 East Camelback Road, Suite 800 8 Phoenix, Arizona 85016 Tel: (602) 445-8000 9 Email: laura.sixkiller@gtlaw.com kate.benveniste@gtlaw.com 10 Attorneys for Plaintiffs/Counterdefendants Eye-Fi Holdings, LLC and Eye-Fi, LLC 11 12 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 13 EYE-FI HOLDINGS, LLC, a Delaware limited Case No. 2:24-cv-00925-JCM-MDC 14 liability company; and EYE-FI, LLC, a Nevada limited liability company, 15 Plaintiffs, STIPULATION AND ORDER 16 DISMISSING THE ACTION WITH v. PREJUDICE, WITH THE COURT 17 RETAINING JURISDICTION BRIAN BERGESON, an individual; KYLE OVER THE SETTLEMENT 18 NAKAMOTO, an individual; and 3 DOTS, LLC, AGREEMENT a Nevada limited liability company, 19 Defendants. 20 And Related Counterclaims 21 22 IT IS HEREBY STIPULATED, by and among Plaintiffs/Counterdefendants EYE-FI 23 HOLDINGS, LLC and EYE-FI, LLC (collectively, “Eye-Fi”) and Defendants/Counterclaimants 24 BRIAN BERGESON (“Bergeson”), 3 DOTS, LLC (“3 Dots”), and KYLE NAKAMOTO 25 (“Nakamoto,” and collectively with Eye-Fi, Bergeson and 3 Dots, the “Parties”), through their 26 undersigned counsel, as follows: 27 / / / 28 / / / 1 WHEREAS the Parties have entered into a Confidential Settlement Agreement and 2 Mutual Release (“Settlement Agreement”), which the Parties incorporate by this reference 3 subject to its strict confidentiality and without waiving the confidentiality of such Settlement 4 Agreement. 5 WHEREAS the Settlement Agreement resolves all claims, counterclaims and defenses 6 that have been or could be asserted in this action. 7 WHEREAS Federal Rule of Civil Procedure 41(a) provides for the voluntary dismissal 8 of an action by stipulation signed by all parties who have appeared or by court order on terms the 9 court considers proper. 10 WHEREAS the Settlement Agreement involves ongoing obligations by and between 11 the Parties over a multi-year period. 12 WHEREAS the Settlement Agreement further provides, in relevant part, that the Parties 13 are to dismiss this action in its entirety with prejudice subject to the terms of the Settlement 14 Agreement, with each of the Parties bearing their own attorneys’ fees and costs and waiving all 15 rights of appeal, and with the Court maintaining jurisdiction for the purpose of 16 enforcement of the Parties’ obligations under the Settlement Agreement until its terms are 17 performed in full. 18 WHEREAS this Court has authority to maintain ancillary jurisdiction to interpret 19 and enforce settlement agreements where the Parties’ obligation to comply with the terms 20 of the settlement agreement is made part of the order of dismissal “either by separate provision 21 (such as a provision ‘retaining jurisdiction’ over the settlement agreement) or by incorporating 22 the terms of the settlement agreement in the order” is well-settled. Kokkonen v. Guardian Life 23 Ins. Co. of Am., 511 U.S. 375, 381, 114 S.Ct. 1673 (1994); see also K.C. ex rel. Erica C. v. 24 Torlakson, 762 F.3d 963, 967 (9th Cir. 2014). 25 THEREFORE, IT IS HEREBY STIPULATED, by and among the Parties, that this 26 action shall be dismissed in its entirety with prejudice subject to the terms of the Settlement 27 Agreement, with each of the Parties to bear their own attorneys’ fees and costs, with the Parties 28 waiving all rights of appeal, and with this Court maintaining ancillary jurisdiction to interpret and 1 IT IS FURTHER STIPULATED, by and among the Parties, that any pending deadlines 2 || and hearings should be vacated. 3 IT IS SO STIPULATED. 4 || GREENBERG TRAURIG, LLP SYLVESTER & POLEDNAK, LTD. 5 /s/ Elliot T. Anderson /s/ Matthew T. Kneeland 6 || ELLIOT T. ANDERSON, ESQ. JEFFREY R. SYLVESTER, ESQ. Nevada Bar No. 14025 Nevada Bar No. 4396 7 10845 Griffith Peak Drive, Suite 600 MATTHEW T. KNEELAND, ESQ. Las Vegas, Nevada 89135 Nevada Bar No. 11829 8 1731 Village Center Circle LAURA SIXKILLER, ESQ. Las Vegas, Nevada 89134 9 || (Admitted Pro Hac Vice) KATE L. BENVENISTE, ESQ. Attorneys for Defendant/Counterclaimant 10 || (Admitted Pro Hac Vice) Brian Bergeson and Defendant 3 Dots, GREENBERG TRAURIG, LLP LLC 11 2375 East Camelback Road, Suite 800 D Phoenix, Arizona 85016 SHEA LARSEN Attorneys for Plaintiffs/Counterdefendants 13 Eye-Fi, Holdings, LLC and Eye-Fi, LLC /s/ Kyle M. Wyant BART K. LARSEN, ESQ. 14 Nevada Bar No. 8538 KYLE M. WYANT, ESQ. WS Nevada Bar No. 14652 1731 Village Center Circle, Suite 150 16 Las Vegas, Nevada 89134 17 Attorneys for Defendant/Counterclaimant 18 Kyle Nakamoto
19 20 IT IS SO ORDERED: 21 9 NBA he 1 8. Atalan 33 UN!TED STATES DISTRICT JUDGE
24 25 26 27 28
From: Matthew Kneeland To: Sixkiller, Laura (Shld-PHX-LT); kwyant@shea.law Ce: blarsen@shea.law; Flintz, Andrea (LSS-LV-LT); Anderson, Elliot (Assoc-LV-LT) Subject: RE: Eye-Fi/3 Dots- Stip for Dismissal Date: Friday, May 2, 2025 3:00:51 PM Attachments: image001.pnq *EXTERNAL TO GT* Yep
Matthew T. Kneeland Sylvester & Polednak, Ltd. 1731 Village Center Circle Las Vegas, Nevada 89134 Telephone: (702) 952-5200 Facsimile: (702) 952-5205 Email: matthew@sylvesterpolednak.com The preceding message and any attachments may contain legally privileged and/or confidential information intended only for use by the addressee(s) named herein. If you believe that it has been sent to you in error, please reply to the sender that you received the message in error and then permanently delete the original. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. Nothing in this email message, including the typed name of the sender and/or this signature block, is intended to constitute an electronic signature unless a specific statement to the contrary is included in the message. Please consider the environment before printing this e-mail.
From: Laura.Sixkiller@gtlaw.com Sent: Friday, May 2, 2025 2:59 PM To: kwyant@shea.law; Matthew Kneeland Ce: blarsen@shea.law; flintza@gtlaw.com; andersonel@gtlaw.com Subject: Eye-Fi/3 Dots- Stip for Dismissal Gentlemen: Confirming we have authority to e-sign for Kyle and Matt on the attached stipulation, which incorporates the edits we received from Kyle. Thanks! Laura Laura Sixkiller Shareholder Greenberg Traurig, LLP 2375 E. Camelback Rd. | Suite 800 | Phoenix, AZ 85016
To: Sixkiller, Laura (Shld-PHX-LT); Matthew@SylvesterPolednak.com Cc: Bart Larsen; Flintz, Andrea (LSS-LV-LT); Anderson, Elliot (Assoc-LV-LT) Subject: RE: Eye-Fi/3 Dots- Stip for Dismissal Date: Friday, May 2, 2025 3:01:27 PM Attachments: image001.png *EXTERNAL TO GT* You may use my e-signature. Best, Kyle M. Wyant, Esq. SHEA LARSEN 1731 Village Center Circle, Suite 150 Las Vegas, Nevada 89134 Office: (702) 471-7432 Direct: (702) 779-3816 Mobile: (301) 606-4092 Email: kwyant@shea.law This message was sent from Shea Larsen and is intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to the attorney-client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply e-mail and delete this message. Thank you. From: Laura.Sixkiller@gtlaw.com Sent: Friday, May 2, 2025 2:59 PM To: Kyle Wyant ; Matthew@SylvesterPolednak.com Cc: Bart Larsen ; flintza@gtlaw.com; andersonel@gtlaw.com Subject: Eye-Fi/3 Dots- Stip for Dismissal Gentlemen: Confirming we have authority to e-sign for Kyle and Matt on the attached stipulation, which incorporates the edits we received from Kyle. Thanks! Laura Laura Sixkiller Shareholder Greenberg Traurig, LLP