Kawamura et al v. Boyd Gaming Corporation et al

Filing 73

ORDER Granting 69 Ex Parte Motion to Extend Time to Reply re 58 Motion to Reconsider and Respond re 67 Motion to Transfer Venue. Responses due by 7/11/2013. Replies due by 7/11/2013. Signed by Judge James C. Mahan on 7/5/13. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3

KOLESAR & LEATHAM
SALVATORE C. GUGINO, ESQ.
Nevada Bar No. 2268
400 S. Rampart, Suite 400
Las Vegas, Nevada 89145
[phone]

4
Attorneys for Defendants

KOLESAR & LEATHAM

400 South Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
Tel: [phone]/Fax: [phone]

5
Boyd Gaming Corporation,
6 M.S.W.. Inc., dba Main Street
Station Casino Brewery Hotel
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
CALVIN KAWAMURA and JEANIE
)
10 KAWAMURA
)
CASE NO.: 2:13-cv-00203-JCM-GWF
)
11
Plaintiffs,
)
vs.
)
12
)
EX PARTE MOTION FOR
BOYD GAMING CORPORATION, a
)
EXTENSION OF TIME TO RESPOND
13 Nevada corporation; M.S.W., INC., a Nevada )
TO OPPOSITION AND MOTION
corporation, dba MAIN STREET STATION )
FILED ON JUNE 30, 2013
14 CASINO, BREWERY and HOTEL; JOHN )
DOES 1-10; DOE CORPORATIONS 1-10; )
AND ORDER
(FIRST REQUEST)
15 DOE PARTNERSHIPS 1-10; and DOE
)
ENTITIES 1-10,
)
16
)
Defendants.
)
17 ____________________________________ )
BOYD GAMING CORPORATION, a
)
18 Nevada corporation; M.S.W., INC., a Nevada )
corporation, dba MAIN STREET STATION )
19 CASINO, BREWERY and HOTEL,
)
)
20
Third-Party Plaintiffs,
)
)
21 vs.
)
)
)
22 CHRISTOPHER E. CORSON,
)
)
23
Third-Party Defendant
____________________________________ )
24
25
26
27
28

1

COME NOW Defendants, BOYD GAMING CORPORATION, a Nevada corporation;

2 M.S.W., INC., a Nevada corporation, dba MAIN STREET CASINO, BREWERY and HOTEL, and
3 Plaintiffs CALVIN and JEANIE KAWAMURA, by and through their undersigned counsel of record
4 and, pursuant to Local Rule 6-2 of the Local Rules of Practice for the United States District Court
5 of the District of Nevada, hereby moves ex parte for an extension of time to Wednesday, July 11,
6 2013, in which to file their Reply to Plaintiffs Calvin Kawmura and Jeanie Kawamura’s Opposition
7 To Defendants’ Motion To Reconsider, Rescind Or Modify The Interlocutory Order Of Hawai’i
8 District Court, Filed June 3, 2013; and their Opposition to Plaintiffs Calvin Kawamura And Jeanie
9 Kawamura’s Motion To Retransfer Venue, each of which was filed with this Honorable Court on
10 June 20, 2013.

KOLESAR & LEATHAM

400 South Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
Tel: [phone]/Fax: [phone]

11

In support of said Ex Parte Motion, Defendants show this Honorable Court the following:

12

1.

That each of the filings present intricate issues of law which require in-depth legal

13 research on the part of Defendants’ counsel in order to properly respond to said briefs.
14

2.

That the opposition brief and the reply brief would presently be due immediately prior

15 to and subsequent to a national holiday.
16

3.

That, as indicated in the Affidavit of Salvatore C. Gugino, attached hereto,

17 Defendants’ counsel has been forced to seek medical treatment which has interfered with his ability
18 to complete the briefs within the time periods previously stated by the Court.
19 ...
20 ...
21 ...
22 ...
23 ...
24 ...
25 ...
26 ...
27 ...
28 ...

-2-

WHEREFORE, Defendants pray this Honorable Court extend the time to respond to the briefs
1
2

filed by Plaintiffs until and including Wednesday, July 11, 2013.
Respectfully Submitted,

3

KOLESAR & LEATHAM

4
5

By:

6
7
8
9

s/s Salvatore C. Gugino, Esq.
SALVATORE C. GUGINO, ESQ.
Nevada Bar No. 2268
400 S. Rampart, Suite 400
Las Vegas, Nevada 89145
Tel: [phone]
Fax: [phone]

ORDER

10

KOLESAR & LEATHAM

400 South Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
Tel: [phone]/Fax: [phone]

11
12

5th
IT IS SO ORDERED this _____ day of July, 2013.
By:

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3-

___________________________________
UNITED STATES DISTRICT JUDGE

1
AFFIDAVIT OF SALVATORE C. GUGINO

2
3 STATE OF NEVADA
4 COUNTY OF CLARK

)
)
)

ss.

5

SALVATORE C. GUGINO, being first duly sworn, deposes and says:

6

1.

That your Affiant is an attorney and counselor at law, licensed to practice before the

7 courts of the State of Nevada; the United States District Court for the District of Nevada and the
8 Ninth Circuit Court of Appeals;
9

2.

That your Affiant is counsel for Defendants BOYD GAMING CORPORATION and

10 M.S.W., INC., d/b/a MAIN STREET STATION CASINO BREWERY HOTEL, in Case No. 2:13-cv-

KOLESAR & LEATHAM

400 South Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
Tel: [phone]/Fax: [phone]

11 00203-JCM-GWF, and is fully familiar with all of the circumstances therein;
12

3.

That, on June 20, 2013, your Affiant was served with Plaintiffs Calvin Kawamura and

13 Jeanie Kawamura’s Motion To Retransfer Venue, the response for which the Court indicated was due
14 July 7, 2013; and Plaintiffs Calvin Kawamura’s Opposition to Defendants’ Motion To Reconsider,
15 Rescind, Or Modify The Interlocutory Order of Hawai’i District Court, Filed June 3, 2013; the reply
16 to which the Court indicated was due by June 30, 2013;
17

4.

That, during the month of June, 2013, your Affiant has been quite ill with a form of

18 anemia, which has disabled your Affiant from being present on a daily basis at the office attending
19 to his assigned cases. That your Affiant has, instead, been required to remain bedridden, and to spend
20 time receiving intervenous drips of iron compounds, and taking other medications to help resolve his
21 condition. That your Affiant has only recently returned to the office full-time to resume his duties,
22 and requires additional time until Wednesday, July 11, 2013 to file his opposition and reply briefs;
23

5.

That both the Motion and the Opposition filed by Plaintiffs are legally intricate and

24 require significant research by Defendants’ counsel in order to properly respond. That your Affiant
25 has not been in a sufficiently healthy state in which to respond to these briefs prior to this date.
26

6.

That this is the first request for an extension of time with regard to these briefs, and

27 the request is not interposed for purposes of undue delay.
28 ...

-4-

1

7.

Wherefore, Defendants’ counsel prays this Honorable Court grant this ex parte

2 Motion to allow Defendants until and including Wednesday, July 11, 2013 in which to file
3 Defendants’ Reply and Response briefs.
4

8.

Defendants stipulate to allow additional time for Plaintiffs to file their Reply brief

5 to Defendants’ Opposition to Plaintiffs Calvin Kawamura and Jeanie Kawamura’s Motion To
6 Retransfer Venue.
7

Further, your Affiant sayeth naught.

8

s/s Salvatore C. Gugino
SALVATORE C. GUGINO

9
10

KOLESAR & LEATHAM

400 South Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
Tel: [phone]/Fax: [phone]

11
12

SUBSCRIBED and SWORN to before me
this 1st day of July, 2013.
/s/ Pauline A. Keller

____________________________________
13 NOTARY PUBLIC in and for said County
and State
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-5-