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IN RE XYIENCE, INCORPORATED

No. 2:11-CV-00772-JCM-PAL.

In re: XYIENCE, INCORPORATED, a Nevada corporation, Debtor. XYIENCE, INCORPORATED, a Nevada corporation, Plaintiff, v. RICHARD BERGERON, III, an individual, Defendant. RICHARD BERGERON, III, an individual, Counterclaimant, v. XYIENCE, INCORPORATED, a Nevada corporation; FERTITTA ENTERPRISES, INC., a Nevada corporation, Counterdefendants. RICHARD BERGERON, III, an individual, Appellant, v. ZYEN, LLC, a Nevada limited liability company, and FERTITTA ENTERPRISES, INC., a Nevada corporation, Appellees.

United States District Court, D. Nevada.

August 24, 2011.

ORDER

JAMES C. MAHAN, District Judge.

Presently before the court is appellees' Zyen LLC and Fertitta Enterprises, Inc.'s motion to dismiss appellant Richard Bergeron, III's appeal pursuant to 28 USC § 158. (Doc. #6). Appellant has responded (doc. #11) and appellees have replied (doc. #12).

I. Background

The long and convoluted procedural history of the present case is well-known to the litigants. Thus, a short...

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