RES Exhibit Services, LLC v. LNW Gaming, Inc. f/k/a SG Gaming, Inc. and f/k/a Bally Gaming, Inc.

Opinion

Chad W. Flansburg, Esq. (Pro Hac Vice) CFlansburg@phillipslytle.com 28 East Main Street Suite 1400 Rochester, New York 14614-1935 Telephone: (585) 238-2009 Facsimile: (585) 232-3141 -and- David A. Carroll, Esq. (NSB #7643) dcarroll@rrsc-law.com Anthony J. DiRaimondo, Esq. (NSB #10875) adiraimondo@rrsc-law.com Robert E. Opdyke, Esq. (NSB #12841) ropdyke@rrsc-law.com RICE REUTHER SULLIVAN & CARROLL, LLP 3800 Howard Hughes Parkway, Suite 1200 Las Vegas, Nevada 89169 Telephone: (702) 732-9099 Facsimile: (702) 732-7110 Attorneys for Plaintiff/Counterdefendant RES Exhibit Services, LLC and Counterdefendants James Leonardo and Robert Reyes UNITED STATES DISTRICT COURT DISTRICT OF NEVADA RES EXHIBIT SERVICES, LLC, a New York limited liability company, Case No. 2:21-cv-01953-APG-EJY Plaintiff, vs. LNW GAMING, INC. f/k/a SG GAMING, INC. f/k/a BALLY GAMING, INC., a Nevada corporation, Defendant. LNW GAMING, INC. f/k/a SG STIPULATION AND ORDER TO GAMING, INC. f/k/a BALLY REDACT PORTIONS OF GAMING, INC., a Nevada corporation, TRANSCRIPT OF JANUARY 10, 2024 HEARING Counterclaimant, vs. RES EXHIBIT SERVICES, LLC, a New York limited liability company; JAMES LEONARDO, an individual; JERI WIEDEMER, an individual; and ROBERT REYES, an individual, Counterdefendants. The parties, by and through their undersigned respective counsel of record, hereby stipulate and agree as follows: 1. The Court previously entered an Order (ECF No. 91) providing guidance to the parties with respect to appropriate redactions for filings made in connection with the Motion to Stay Action and related filings, which reference the scope, substance, subject matter or direction of an ongoing criminal investigation. 2. On January 10, 2024, the Court held oral argument on the Motion to Stay Action, among other filings. 3. The Court allowed provisional sealing of the Transcript of Proceedings so the parties could meet and confer on whether redactions were necessary and, if so, whether they could agree on those redactions. 4. The parties have since met and conferred. 5. The parties have agreed upon certain redactions to the Transcript of Proceedings as reflected in Exhibit “1” attached to this Stipulation and Order. 6. Subject to the Court’s approval, the parties stipulate and request that the Redacted Version of the Transcript of Proceedings, attached hereto as Exhibit “1,” be filed by the Clerk as the publicly available version of the Transcript of Proceedings from the January 10, 2024 court hearing in this matter. 7. The parties submit that the proposed redactions comply with the requirements of the Court’s prior Order (ECF No. 91) and the relevant case law. Center for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-97 (9th Cir. 2016) (applying good cause standard); Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006) (applying compelling reasons standard). 8. Because the proposed redactions only reference the direction or scope of the ongoing criminal investigation, there does not appear to be a public interest in the redacted information that outweighs the need for its protection. 9. Further, the redactions are limited in nature and will not hinder the public’s ability to understand the judicial process in relation to this dispute. DATED: this 6th day of February, 2024 DATED: this 6th day of February, 2024 RICE REUTHER SULLIVAN & CAMPBELL & WILLIAMS By: /s/ Anthony J. DiRaimondo By: /s/ Philip S. Erwin Anthony J. DiRaimondo, Esq. Philip R. Erwin, Esq. 3800 Howard Hughes Parkway 710 South Seventh Street, Suite A Suite 1200 Las Vegas, NV 89101 Las Vegas, Nevada 89169 Attorneys for Defendant/Counterclaimant LNW Gaming, Inc. f/k/a SG Gaming, Inc. -and- f/k/a Bally Gaming, Inc. Chad W. Flansburg, Esq. (Pro Hac Vice) 28 East Main Street Suite 1400 Rochester, New York 14614-1935 Attorneys for Plaintiff/Counterdefendant RES Exhibit Services, LLC and Counterdefendants James Leonardo and Robert Reyes DATED: this 6th day of February, 2024 HOLLAND & HART LLP By: /s/ Erica C. Medley Erica C. Medley, Esq. 9555 Hillwood Drive, 2nd Floor Las Vegas, NV 89134 ecmedley@hollandart.com Attorneys for Counterdefendant Jeri Wiedemer ORDER IT IS SO ORDERED: UNITED STATES MAGISTRATE JUDGE