Las Vegas Sands Corp. v. First Cagayan Leisure & Resort Corp. et al

Filing 45

ORDER Granting 44 Motion to Extend Time to Respond to 41 Motion to Vacate. Response due by 8/3/2015. Signed by Judge James C. Mahan on 5/5/2015. (Copies have been distributed pursuant to the NEF - DC)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 LAS VEGAS SANDS CORP., 8 9 10 11 Case No. 2:14-CV-424 JCM (NJK) Plaintiff(s), ORDER v. FIRST CAGAYAN LEISURE & RESORT CORPORATION, Defendant(s). 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge Presently before the court is plaintiff Las Vegas Sands Corp.’s (“Sands”) motion for extension of time. (Doc. # 44). Defendant First Cagayan Leisure & Resort Corp. (“First Cagayan” has not filed a response. Las Vegas Sands brought this action against the owners of sixty-three internet domains that were using Sands’ trademark on websites for online casinos. Las Vegas Sands also named First Cagayan as a defendant because all of the infringing online casino websites identified First Cagayan as the provider of those services. (See, e.g., doc. # 20 at 5). None of the defendants answered or otherwise responded to plaintiff’s complaint. Accordingly, on February 27, 2015, the court entered default judgment in favor of Las Vegas Sands and against defendants, including First Cagayan. (Doc. # 38). On March 30, 2015, Charles H. McCrea, Esq. and his law firm Hejmanowski & McCrea, LLC, filed a motion on behalf of First Cagayan to vacate the default judgment. (Doc. # 41). Plaintiff asks for a ninety-day extension from the date of this order to file and serve its opposition to defendant’s motion to vacate. Plaintiff asserts it needs to further investigate Plaintiff asserts that Mr. McCrea was a partner with Lionel, Sawyer & Collins from 1976 to 1994, and again 1 from 2006 through 2014. (Doc. # 44 at 2). For nearly a decade, Lionel, Sawyer & Collins 2 represented Sands in a variety of matters. (Id.). Plaintiff asserts that Mr. McCrea personally 3 represented Sands in several of these matters and gained extensive confidential information 4 regarding Sands. (Id.). 5 Plaintiff expressed its concerns to Mr. McCrea and asked him to voluntarily withdraw. (Id. 6 at 3). Mr. McCrea declined. (Id.). Plaintiff believes Mr. McCrea’s representation of First Cagayan 7 may create a conflict of interest. (Id.). Plaintiff requests a ninety-day extension to investigate 8 whether Mr. McCrea should be disqualified based on a conflict of interest. (Id. at 1). 9 Good cause appearing, 10 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff Las Vegas 11 Sands Corp.’s motion for extension of time (doc. # 44) be, and the same hereby is, GRANTED. 12 Plaintiff shall have up to and including Monday, August 3, 2015, file its response. 13 14 15 DATED May 5, 2015. __________________________________________ UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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