Opinions?

Why go with the server processor if your primary use is gaming? For the price of the xeon you could get an i5 3570k and a decent cooler. It should be more than equivalent at stock clocks for gaming, but it also gives you great overclocking ability.

Xeon e3-1245 is equivalent to a i7-3770 about just not overclockable is what I've been told and i cant fit a non stock cooler in my case I don't think i couldnt do it with my amd motherboard and since the e3-1245 is cheaper why not go for that since i wont be OCing?

If you're going for gaming and do not plan on overclocking, I'd personally go with the i5-3450. You'd save about $80, and get nearly the same level of gaming performance.
http://www.tomshardware.com/reviews/gaming-cpu-review-o...

If you'd really prefer the i7 equivalent, that looks to be a good buy though.

Yeah I like the idea of the 8 threads to make it useful for the future and not have to upgrade for a bit