Exhibit 99.3
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
SHUFFLE MASTER, INC., a Minnesota corporation,
Plaintiff,
vs.
VENDINGDATA CORPORATION, a Nevada corporation, CASINOVATIONS a Nevada corporation; and CASINOVATIONS SALES INC., a Nevada corporation, et. al.,
Defendants. | ) ) ) ) ) ) ) ) ) ) ) ) ) ) | Case No. CV-S-02-0438-JCM (PAL)
Date: N/A Time: N/A | ||
AND RELATED COUNTERCLAIMS
| ) ) ) |
ORDER
Presently before the court is defendants’ motion for reconsideration (#119) of this court’s order (#113) denying summary judgment pursuant toOrr v. Bank of America, 285 F.3d 764 (9th Cit. 2002). Plaintiff filed an opposition (#123) to which defendants filed a reply (#124).
Reconsideration is appropriate when: “(1) the district court is presented with newly discovered evidence; (2) the district court committed clear error or the initial decision was manifestly unjust; or (3) if there is an intervening change in controlling law.”School Dist. No. 1J v. AcandS, Inc. 5 F.3d 1255, 1263 (9th Cir. 1993). Defendants have failed to present any new law, new facts or new evidence that indicate any of the circumstances enumerated by the ninth circuit.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants’ motion for reconsideration (#119) be, and the same hereby is, DENIED.
DATEDMay 13, 2005.
/S/ JAMES C. MAHAN |
UNITED STATES DISTRICT JUDGE |
CERTIFICATE OF SERVICE
I hereby certify that on the 17th day of May, 2005, I did cause to be served upon the individuals listed below at the addresses listed below a copy of the foregoing order by placing a copy thereof in the United States mails first-class postage prepaid of in the attorney’s distribution box located in the U.S. court clerk’s office:
| Donald Campbell, Esq. | ||||
| J. Colby Williams, Esq. | ||||
| 700 S. Seventh Street | ||||
| Las Vegas, Nevada 89101 | ||||
Attorneys for the plaintiff
| ||||
| Joseph R. Re, Esq. | ||||
| Irfan A. Lateef, Esq. | ||||
| Knobbe Martens Olson & Bear | ||||
| 2040 Main Street, 14th Floor | ||||
| Irvine, California 92614 | ||||
Attorneys for the defendant
| ||||
| W. West Allen, Esq. | ||||
| Michael C. McCue, Esq. | ||||
| Lewis & Roca, LLP | ||||
| 3993 Howard Hughes Parkway, Suite 600 | ||||
| Las Vegas, Nevada 89109 |
/S/ |
