R&O Construction Company v. New Creation Masonry, Inc. et al

Filing 9

ORDER APPROVING 8 parties' Stipulation for an extension of time for Def WD Partners to respond to 1 Complaint. WD Partners, Inc. answer due 10/20/2009. Signed by Judge Larry R. Hicks on 10/2/09. (Copies have been distributed pursuant to the NEF - SL)

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JOHN P. DESMOND Nevada Bar No. 5618

JUSTIN J. BUSTOS Nevada Bar No. 10320 JONES VARGAS 100 West Liberty Street, 12th Floor P.O. Box 281 Reno, NV 89504-0281 Telephone: [phone]
Facsimile: [phone]

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E-mail: [e-mail] ibustos(S),ionesvargas.com

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Attorneys for Defendant WD Partners, Inc.

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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R&O CONSTRUCTION COMPANY, a Utah corporation,

Case No. 2:09-cv-01749

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vs.

Plaintiff,

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NEW CREATION MASONRY, INC., a Nevada corporation; ROX PRO INTERNATIONAL GROUP, LTD., a Chinese company, dba ROX PRODUCTS INTERNATIONAL; REAL STONE SOURCE, LLC, a Nevada limited liability company; and WD PARTNERS, INC., an Ohio corporation,
Defendants.

STIPULATION AND ORDER TO EXTEND TIME TO ANSWER COMPLAINT - (FIRST REQUEST)

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It is hereby stipulated by and between Plaintiff R&O Construction Company, by and through their counsel, SMITH LARSEN & WIXOM AND CALLISTER NEBEKER &
MCCULLOUGH, and Defendant WD Partners, Inc., by and through its counsel, JONES
VARGAS, as follows:

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On September 3, 2009, R&O Construction Company filed a Complaint in this

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Court against, among other defendants, WD Partners, Inc.

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Page 1

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2.

Pursuant to the Federal Rules of Civil Procedure, the due date for filing an answer

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is October 6,2009.
3. WD Partners, Inc. needs additional time to respond to R&O Construction

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Company's Complaint. As a result, the parties hereby stipulate and agree that WD Partners, Inc.
shall have until October 20,2009, to respond to R&O Construction Company's Complaint. 4. The two-week extension is necessitated as a result of the time it took WD

Partners, Inc. to retain counsel and to allow counsel to appropriately respond to the Complaint.
5. This is the first stipulation regarding a timetable for responding to R&O

Construction Company's Complaint.

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DATED this 1sl day of October, 2009.
JONES VARGAS

DATED this 1sl day of October, 2009.
CALLISTER NEBEKER & McCULLOUGH

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Bv: /s/ John P. Desmond JOHN P. DESMOND Nevada Bar No. 5618 JUSTIN J. BUSTOS Nevada Bar No. 10320 100 West Liberty Street, 12th Floor
Reno, Nevada 89504 P.O. Box 281 Telephone: [phone] Facsimile: [phone] E-mail: jpd@ jonesvargas.com ibustos(S>ionesvargas.com

Bv:

/s/ Michael D. Stanger Nevada Bar No. 8272

MICHAEL D. STANGER, ESQ.

Zions Bank Building

10 East South Temple, Suite 900 Salt Lake City, Utah 84133 Telephone: [phone] Attorneys for R&O Construction Company

Attorneys for Defendant WD Partners, Inc.
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Pursuant to the foregoing Stipulation, IT IS SO ORDERED.

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United States District Court Judge

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__________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE DATED: October 2, 2009
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