MGM Resorts International Operations, Inc. v. Avero, LLC

Filing 17

ORDER Granting 16 Stipulation to Extend Time to Answer 6 Amended Complaint. Avero, LLC answer due 11/14/2012. Plaintiff's response to answer due by 12/14/2012. Signed by Magistrate Judge Peggy A. Leen on 10/30/12. (Copies have been distributed pursuant to the NEF - EDS)

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Case 2:12-cv-00472-JCM -PAL Document 16 1 6 NICHOLAS J. SANTORO, ESQ. Nevada Bar No. 0532 nsantoro@santoronevada.com JASON D. SMITH, ESQ. Nevada Bar No. 9691 jsmith@santoronevada.com SANTORO WHITMIRE 10001 Park Run Drive Las Vegas, Nevada 89145 Telephone: 702/948-8771 Facsimile: 702/948-8773 7 Filed 10/26/12 Page 1 of 3 Attorneys for Defendant AVERO, LLC 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 SANTORO WHITMIRE 10001 Park Run Drive, Las Vegas, Nevada 89145 (702) 948-8771 – fax (702) 948-8773 11 MGM RESORTS INTERNATIONAL OPERATIONS, INC., a Nevada corporation, Case No. 2:12-cv-0472-JCM-PAL 12 Plaintiff, 13 v. 14 15 16 AVERO, LLC, a Delaware limited liability company, STIPULATION AND ORDER RE DEADLINE TO RESPOND TO FIRST AMENDED COMPLAINT (FIFTH REQUEST) Defendant. 17 18 19 WHEREAS, on March 20, 2012, Plaintiff commenced this action by filing a Complaint in this court (docket no. 1); 20 WHEREAS, July 13, 2012, Plaintiff filed a First Amended Complaint (docket no. 6); 21 WHEREAS, on July 16, 2012, Plaintiff served the First Amended Complaint and 22 Summons on Defendant; 23 WHEREAS, the parties previously agreed to extend Defendant’s deadline to answer, 24 move against, or otherwise respond to the First Amended Complaint and for Plaintiff’s deadline 25 to reply thereto; 26 WHEREAS, the Court entered Orders approving the parties’ previous stipulations 27 (docket nos. 9, 11, 13 and 15) and in the most recent approval indicated that no further 28 extensions would be granted; Case 2:12-cv-00472-JCM -PAL Document 16 Filed 10/26/12 Page 2 of 3 1 WHEREAS, the parties have agreed on most of the key terms of settlement, have 2 exchanged two rounds of drafts of the settlement agreement, and believe that agreement on the 3 final changes is imminent; 4 WHERAS, the parties recently agreed to include a non-party signatory to the agreement 5 (Jonathan Tuzman, a former Avero employee now employed by MGM) and Mr. Tuzman will 6 need time to consult counsel regarding execution of the settlement agreement; 7 WHEREAS, the parties desire to avoid Avero unnecessarily incurring attorneys’ fees and 8 to prepare and file an answer or other responsive pleading when settlement is imminent and 9 when such expenditure could negatively impact finalizing settlement; WHEREAS, under the circumstances, the parties request that the Court grant an 11 (702) 948-8771 – fax (702) 948-8773 SANTORO WHITMIRE 10001 Park Run Drive, Las Vegas, Nevada 89145 10 additional extension of time for Avero to answer or otherwise respond to the First Amended 12 Complaint by fourteen (14) days; 13 NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND AMONG THE 14 PARTIES HERETO AND THEIR COUNSEL OF RECORD THAT Defendant’s deadline to 15 answer, move against, or otherwise respond to the First Amended Complaint shall be November 16 14, 2012, and Plaintiff’s deadline to respond to Defendant’s filing shall be December 14, 2012. 17 DATED: October 26, 2012 LEWIS AND ROCA LLP //s// Michael J. McCue Michael J. McCue Jonathan W. Fountain 18 19 20 Attorneys for Plaintiff MGM Resorts International Operations, Inc. 21 22 DATED: October 26, 2012 SANTORO WHITMIRE 23 24 25 26 27 //s// Nicholas J. Santoro Nicholas J. Santoro Jason D. Smith Attorneys for Defendant AVERO, LLC * * * * * 28 -2- Case 2:12-cv-00472-JCM -PAL Document 16 Filed 10/26/12 Page 3 of 3 IT IS SO ORDERED: 1 2 DATED: 3 __________________________________ 4 UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 11 (702) 948-8771 – fax (702) 948-8773 SANTORO WHITMIRE 10001 Park Run Drive, Las Vegas, Nevada 89145 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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