Miles et al v. Mergen et al

Filing 58

ORDER APPROVING 57 parties' Stipulation for Defendants Dain Rauscher & McBain Trust to respond to 55 Reply to Response to 37 RBC Dain Raucher's MOTION to Dismiss. ( Responses due by 5/26/2009.) Signed by Judge Larry R. Hicks on 5/8/09. (Copies have been distributed pursuant to the NEF - SL)

1 Kevin N. Anderson, Esq. Nevada State Bar No. 4512 2 FABIAN & CLENDENIN, a Professional Corporation 3 601 South 10th Street, Ste. 102 Las Vegas, NV 89101 4 Telephone: [phone] Facsimile: [phone] 5 E-mail: [e-mail] 6 7 8 9 10 ESTATE OF MARY L. MILES, BY AND THROUGH ITS SPECIAL 11 ADMINISTRATORS (ROBERT E. MILES AND HOWARD M. MILES), 12 Plaintiff, 13 vs. 14 ESTATE OF HELEN S. MCBAIN, CAROL 15 MERGEN, ALEXANDRA MERGEN, ANDREW MERGEN, RBC DAIN 16 RAUSCHER INC., AND DOES 1-4 INCLUSIVE, 17 Defendants. 18 19 20 Plaintiff, the Estate of Mary L. Miles, by and through its Special Administrators 21 ("Plaintiff"), and defendants RBC Dain Rauscher, Inc., n/k/a RBC Capital Markets Corporation 22 ("Dain Rauscher"); and the Estate of Helen S. McBain, Carol Mergen, Alexandra Mergen, and 23 Andrew Mergen (collectively, "McBain") stipulate and agree as follows: 24 25 26 27 28 2008. 2. 3. On February 16, 2009, Dain Rauscher filed a Motion to Dismiss (Document 37). On March 23, 2009, Plaintiff filed its Memorandum in Opposition to Dain
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Attorneys for Plaintiff UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA

Case No. 2:08-cv-00740-LRH-PAL STIPULATION AND ORDER TO PERMIT DEFENDANTS TO FILE A BRIEF IN RESPONSE TO PLAINTIFF'S REPLY TO DEFENDANT RBC DAIN RAUSCHER INC.'S REPLY IN SUPPORT OF ITS MOTION TO DISMISS PLAINTIFF'S COMPLAINT

1.

Plaintiff filed its complaint captioned above (the "2008 Complaint") on June 9,

1 Rauscher's Motion to Dismiss, and, in the Alternative, in Support of Plaintiff's Motion to 2 Amend (Document 48). 3 4 5 6 5. On April 27, 2009, Plaintiff filed its Reply to RBC Dain Rauscher's Reply in 7 Support of Its Motion to Dismiss Plaintiff's Complaint (Document 55). Plaintiff attached to 8 this document a proposed amended complaint, titled "Amended Complaint." 9 6. Rather than contest the procedural correctness of the Plaintiff's April 27, 2009, 4. On April 14, 2009, Dain Rauscher filed its Reply in Support of Its Motion to

Dismiss Plaintiff's Complaint (Document 53).

10 Reply (Document 55), Plaintiff, Dain Rauscher and McBain stipulate and agree as follows: 11 12 13 14 15 a. Dain Rauscher and McBain Trust have through and including Tuesday,

May 26, 2009 to file their responses to the Miles Estate's Reply to Defendant RBC Dain Rauscher's Reply in Support of Its Motion to Dismiss Plaintiff's Complaint (Document 55). b. Upon the filing of the responses from Dain Rauscher and McBain,

16 briefing shall be complete. The Motions to Dismiss of Dain Rauscher and McBain and the 17 Motion for Leave to Amend shall thereafter be complete for submission for the Court's rulings. 18 19 20 21 22 23 24 25 26 27 28
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1 2 delay. 3 4

7.

This stipulation is made in good faith and is not submitted for the purpose of

FABIAN & CLENDENIN, P.C.

LEWIS AND ROCA LLP By: /s/ Von S. Heinz VON S. HEINZ Nevada Bar No. 859 Suite 600 3993 Howard Hughes Parkway Las Vegas, Nevada 89169 Attorneys for Defendant RBC DAIN RAUSCHER INC. Dated: May 6, 2009

5 By: /s/ Kevin N. Anderson KEVIN N. ANDERSON 6 Nevada Bar No. 4512 601 South Tenth Street #102 7 Las Vegas, Nevada 89101 Attorney for Plaintiff 8 Dated: May 6, 2009 9 10 11 12 By: /s/ Jeffrey P. Luszeck MARK A. SOLOMON 13 Nevada Bar No. 0408 DANA A. DWIGGINS 14 Nevada Bar No. 7049 15 JEFFREY P. LUSZECK Nevada Bar No. 9619 16 Suite 240 7881 W. Charleston Blvd. 17 Las Vegas, Nevada 89117 Attorneys for Defendants 18 Helen Carol Mergen, 19 Individually, and as Trustee Of the Helen S. McBain 2000 20 Living Trust, Alexandra Mergen and Andrew Mergen 21 Dated: May 6, 2009 22 23 24 25 26 27 28
ND: 4849-3171-3027, v. 1

SOLOMON DWIGGINS & FREER

IT IS SO ORDERED this 8th IT IS SO ORDERED: day of May, 2009.

UNITED STATES DISTRICT JUDGE ___________________________________ DATED: _________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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