The petitioners: Christopher Cook and Leidra Cook. The respondents: Avi Casino Enterprises, Inc., a corporation, Ian Dodd, Juan Mejia, Stephanie Shaik, Debra Purbaugh, and Andrea Christensen. Under Rule 29.6, Rules of the Supreme Court, Petitioners state that they and all Respondents are individuals and not corporations, with the exception of
below, Cook’s Petition (at 4, n.11) herein also notes that Aví Resort & Casino operates with a liquor license issued by the State of Nevada.3 3 The public record Petitioners for the first time now cite is for a liquor license issued by the State of Nevada two years after Cook’s accident.
The driver was an employee of defendant Avi Casino Enterprises, Inc. ("ACE"), a tribal corporation, and she allegedly became intoxicated at an Avi Casino function. Cook sued the tribal corporation and several of its employees, alleging negligence and dram shop liability. Defendants asserted defenses based on federal Indian law.
Plaintiff Christopher Cook (“Cook”), a California resident, seeks recovery for damages suffered as a result of a motor vehicle accident in which, while on a motorcycle, he was hit by a drunk driver.
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residents, California has no dram-shop law, and Cook did not file any complaint in the state or federal courts in California. Although Aví Resort & Casino is on the Nevada part of the Reservation, and the casino’s gaming compact and liquor license are with Nevada, Nevada has no dram-shop law, and Cook did
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UN1TED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHRIS COOK AND LEIDRA COOK, APRs 0 2ool No. 07-15088 "_PP_s "D.C. No. CV-04-01079-PGR Plaintiffs-Appellgnts,
Christopher Cook, Plaintiff Leidra Cook, Plaintiff: Opinion Filed Date: October 3, 2006: Docket Text: ORDER denying 55 STIPULATION Motion for Limited Extension of Scheduling Order. The Court will reset all necessary deadlines if the pending motion is denied in whole or in part. Signed by Judge Paul G Rosenblatt on 10/03/06. (DNH)
I I I I I I I I I I I I I No. 07-15088 3n _he United Statee Court Of AIpea_ fer the ._inth Cirmit CHRISTOPHER COOK and LEIDRA COOK, Plaintiffs-Appellants, VS. AVi CASINO ENTERPRISES, INC., a