MGM Resorts International v. M'Life, Inc. et al

Filing 34

ORDER Granting 32 Stipulation to Extend the Time for all Defendants to File and Serve Their Joint Opposition to Plaintiff's Motion for Preliminary Injunction. Responses due by 2/9/2015. Signed by Judge Jennifer A. Dorsey on 1/30/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:14-cv-01510-JAD-CWH Document 32 Filed 01/20/15 Page 1 of 3

1
2
3
4
5
6
7
8

3993 Howard Hughes Parkway
Suite 600
Las Vegas, NV 89169 5996

9

Michael J. McCue
Nevada Bar No. 6055
[e-mail]
Jonathan W. Fountain
Nevada Bar No. 10351
[e-mail]
Meng Zhong
Nevada Bar No. 12145
[e-mail]
LEWIS ROCA ROTHGERBER LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, NV 89169-5996
702.949.8200 (tel.)
702.949-8398 (fax)
Attorneys for Plaintiff
MGM Resorts International

10
UNITED STATES DISTRICT COURT
11
DISTRICT OF NEVADA
12
13

MGM RESORTS INTERNATIONAL, a
Delaware corporation,
Plaintiff,

14

17
18

STIPULATION AND ORDER TO
EXTEND THE TIME FOR ALL
DEFENDANTS TO FILE AND SERVE
THEIR JOINT OPPOSITION TO
PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION

vs.

15
16

Case No.: 2:14-cv-01510-JAD-CWH

M LIFE, INC., a Nevada corporation;
M’LIFE WELLNESS, LLC, a Nevada limited
liability company; M’LIFE NEVADA, LLC, a
Nevada limited liability company; DANIEL
LUTZ, an individual; and DARVIN GOMEZ,
an individual,

(Fifth Request)

19
Defendants.
20
21

Plaintiff MGM Resorts International (“Plaintiff” or “MGM”), on the one hand, and

22

Defendants M Life, Inc., M’Life Wellness, LLC, M’Life Nevada, LLC, Daniel Lutz, and Darvin

23

Gomez (together, the “Defendants”), on the other hand, state the following:

24

1.

The Complaint was filed on September 17, 2014. (Doc. No. 1.)

25

2.

Each of the Defendants was served with the Summons and Complaint or had

26

accepted service of the Summons and Complaint by October 10, 2014. (Doc. Nos. 5-7 & 9.)

27
28

3.

Plaintiff filed a motion for preliminary injunction on October 15, 2014. (Doc. No.

12.) The Defendants’ opposition to the motion was due to be filed and served on November 3,
-15295074_1

Case 2:14-cv-01510-JAD-CWH Document 32 Filed 01/20/15 Page 2 of 3

1

2014. See L.R. 7-2; Fed. R. Civ. P. 6(d).
4.

2

To accommodate settlement discussions, Plaintiff and Defendants entered into

3

successive stipulations to extend that date: (a) from November 3, 2014 to November 17, 2014

4

(Doc. 17); (b) from November 17, 2014 to December 8, 2014 (Doc. 20); (c) then from December

5

8, 2014 to December 29, 2014 (Doc. 25); and (d) from December 29, 2014 to January 19, 2015

6

(Doc. 29). The Court granted these requests. (Doc. Nos. 18, 23, 26, and 30.)
5.

7

Settlement discussions have been productive and the parties’ counsel believe that

they are close to finalizing a settlement of this case. A proposed settlement agreement has been

9
3993 Howard Hughes Parkway
Suite 600
Las Vegas, NV 89169 5996

8

drafted.

The Defendants’ counsel has proposed edits and Plaintiff’s counsel has made a

10

counterproposal that is currently under review. However, due to the general press of business and

11

the parties’ and their counsel’s holiday and vacation schedules, the parties require and respectfully

12

request additional time to finalize the written settlement agreement.
6.

13

Therefore, good cause exists to extend the date for all Defendants to file and serve

14

their joint opposition to Plaintiff’s motion for preliminary injunction from January 19, 2015 to

15

February 9, 2015.
IT IS SO AGREED AND STIPULATED:

16
17

LEWIS ROCA ROTHGERBER LLP

HUTCHISON & STEFFEN

18

By: /s/ Jonathan W. Fountain
Michael J. McCue
Jonathan W. Fountain
Meng Zhong
3993 Howard Hughes Parkway, Suite 600
Las Vegas, NV 89169-5996

By: /s/ Erin L. Truman
Erin L. Truman
10080 W. Alta Drive
Suite 200
Las Vegas, NV 89145

19
20
21
22
23

Attorneys for Plaintiff
MGM Resorts International

Attorneys for Defendants
M Life, Inc., M’Life Wellness, LLC,
M’Life Nevada, LLC, Daniel Lutz,
and Darvin Gomez

24
IT IS SO ORDERED:
25
26

__________________________________
__________________________
_
__
_
__
_
UNITED STATES DISTRICT
STATES AG RI A
S
UNITED STA S DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE
TE S
I RI

27
28

January 30, 2015
DATED: ___________________________
-25295074_1