First 100, LLC et al v. Lasala et al

Filing 98

ORDER. IT IS HEREBY ORDERED that Defendant's 87 Motion to Dismiss and 88 Motion for Liquidated Damages are DENIED. Signed by Chief Judge Gloria M. Navarro on 4/17/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FIRST 100, LLC, a Nevada limited liability
company; and 1ST ONE HUNDRED
HOLDINGS, LLC, a Nevada limited liability
company,

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Plaintiffs,
vs.
JOHN LASALA, an individual; IAN HAFT,
an individual; JAMIE MAI, an individual;
CHA SOLUTIONS INC., a foreign
corporation; CORNWALL CAPITAL
MANAGEMENT LP, a foreign corporation;
Defendants.

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Case No.: 2:14-cv-01460-GMN-CWH
ORDER

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Pending before the Court is a Motion to Dismiss (ECF No. 87) and a Motion for

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Liquidated Damaged (ECF No. 88) filed by pro se Defendant John Lasala (“Defendant”).

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Plaintiffs First 100, LLC (“First 100”) and 1st One Hundred Holdings, LLC (collectively,

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“Plaintiffs”) filed Responses. (ECF Nos. 93, 94). Defendant did not file replies.

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Dispositive motions in this case were due by April 18, 2016. (See ECF No. 38).

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Defendant previously filed an untimely motion to dismiss without leave of the Court on

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December 23, 2016. (ECF No. 66). Defendant’s instant motion to dismiss (ECF No. 87), filed

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on March 16, 2017, is even more untimely. Defendant again did not request leave of the Court

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to file this untimely dispositive motion. As such, the Court will not consider Defendant’s

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motion to dismiss. (ECF No. 87). Additionally, Defendant’s motion for liquidated damages

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(ECF No. 88) is based entirely as relief related to Defendant’s motion to dismiss. Because the

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Court denies Defendant’s motion to dismiss, the Court also denies Defendant’s motion for

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liquidated damages as moot.

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Accordingly,

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IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss (ECF No. 87) and

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Motion for Liquidated Damaged (ECF No. 88) are DENIED.
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DATED this _____ day of April, 2017.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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