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GALAXY GAMING OF OREGON, LLC v. BURDICK

Civil No. 07-1275-AA.

556 F.Supp.2d 1180 (2008)

GALAXY GAMING OF OREGON, LLC, a New Mexico limited liability company; Galaxy Gaming, LLC, a Nevada limited liability company; Galaxy Gaming, INC., a Nevada Corporation, et al.; Galaxy Gaming of Arizona, LLC, a New Mexico limited liability company; Galaxy Gaming of British Columbia, LLC, a New Mexico limited liability company; Galaxy Gaming of California, LLC, a New Mexico limited liability company; Galaxy Gaming of Connecticut, LLC, a New Mexico limited liability company; Galaxy Gaming of Illinois, LLC, a New Mexico limited liability company; Galaxy Gaming of Indiana, LLC, a New Mexico limited liability company; Galaxy Gaming of Iowa, LLC, a New Mexico limited liability company; Galaxy Gaming of Kansas, LLC, a New Mexico limited liability company; Galaxy Gaming of Manitoba, LLC, a New Mexico limited liability company; Galaxy Gaming of Michigan, LLC, a New Mexico limited liability company; Galaxy Gaming of Mississippi, LLC, a New Mexico limited liability company; Galaxy Gaming of Missouri, LLC, a New Mexico limited liability company; Galaxy Gaming of Nevada, LLC, a Nevada limited liability company; Galaxy Gaming of New Jersey, LLC, a New Mexico limited liability company; Galaxy Gaming of New York, LLC, a New Mexico limited liability company; Galaxy Gaming of North Dakota, LLC, a New Mexico limited liability company; Galaxy Gaming of Nova Scotia, LLC, a New Mexico limited liability company; Galaxy Gaming of Oklahoma, LLC, a New Mexico limited liability company; Galaxy Gaming of Ontario, LLC, a New Mexico limited liability company; Galaxy Gaming of South Dakota, LLC, a New Mexico limited liability company; Galaxy Gaming of Washington, LLC, a New Mexico limited liability company; Galaxy Gaming of Wisconsin, LLC, a New Mexico limited liability company; Rockland Ridge Corporation, a Nevada corporation; Alameda Enterprises, LLC, a New Mexico limited liability company; Primetime Player Management, LLC, a Florida limited liability company; Robert B. Saucier; The Alixandra Saucier Regulatory Trust, a Nevada spendthrift trust; Jeffery J. Whitehead, as Trustee of the Alixandra Saucier Regulatory Trust; and Alixandra J. Saucier, Plaintiffs, v. Charles BURDICK, Alfred C. Bathke, and Does I-C, Defendants.

United States District Court, D. Oregon.

March 13, 2008.

Attorney(s) appearing for the Case

John Wiener, Salem, OR, Richard E. Hawkins Las Vegas, NV, for Plaintiffs.

Kenneth C. Crowley, David L. Kramer, Department of Justice, Salem, OR, for Defendant, Charles Burdick.

C. Robert Steringer, Harrang Long Gary Rudnick P.C., Portland, OR, for Defendant, Alfred C. Bathke.

OPINION AND ORDER

AIKEN, District Judge:

Pending before the court are Alfred C. Bathke ("Bathke") and Charles Burdick's ("Burdick") ("defendants") motions to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). On March 4, 2007 the court held telephone oral argument on these motions. Defendants' motions are granted in part and denied in part.

In this action, plaintiffs Galaxy Gaming of Oregon ("GGO"), a New Mexico limited liability company, and thirty-one...

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