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

Filing 41

ORDER Granting 39 Stipulation to Extend Time for all Defendants to File and Serve Their Joint Opposition to Plaintiff's Motion for Preliminary Injunction. Responses due by 3/20/2015. Signed by Judge Jennifer A. Dorsey on 3/10/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:14-cv-01510-JAD-CWH Document 39 Filed 03/09/15 Page 1 of 3

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Erin Lee Truman
Nevada Bar No. 4668
HUTCHISON & STEFFEN, LLC
Peccole Professional Park
10080 West Alta Drive, Suite 200
Las Vegas, Nevada 89145
[phone] phone
[phone] facsimile
[e-mail]
Attorneys for Defendants
M Life, Inc., M’Life Wellness, LLC,
M’Life Nevada, LLC, Daniel Lutz,
and Darvin Gomez
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MGM RESORTS INTERNATIONAL, a
Delaware corporation,
Plaintiff,

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v.

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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,

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

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

Defendants.

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Defendants M Life, Inc., M’Life Wellness, LLC, M’Life Nevada, LLC, Daniel Lutz, and
Darvin Gomez (together, the “Defendants”), on the one hand, and Plaintiff MGM Resorts
International (“Plaintiff” or “MGM”), on the other hand, state the following:
1.

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

2.

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

accepted service of the Summons and Complaint by October 10, 2014. (Doc. No. 5-7 & 9.)
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, 2014. See L.R. 7-2; Fed. R. Civ. P. 6(d).
4.

To accommodate settlement discussions, Plaintiff and Defendants entered into

Case 2:14-cv-01510-JAD-CWH Document 39 Filed 03/09/15 Page 2 of 3

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

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

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December 8, 2014 to December 29, 2014 (Doc. 25); (d) then from December 29, 2014 to

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January 19, 2015 (Doc. 29); (e) then from January 19, 2015 to February 9, 2015 (Doc. 32); (f)

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and then from February 9, 2015 to March 9, 2015 (Doc. 35). The Court granted these requests.

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(Docs. Nos. 18, 23, 26, 30, 34 and 38.)

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5.

Settlement discussions have been productive and the parties’ counsel believe

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

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been drafted. Counsel have proposed edits, revisions and Plaintiff is currently reviewing an

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additional counterproposal. However, due to the general press of business and the parties’ and

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their counsel’s schedules, the parties require and respectfully request additional time to finalize

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the written settlement agreement.

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6.

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

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serve their joint opposition to Plaintiff’s motion for preliminary injunction from March 9, 2015

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to March 20, 2015.

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IT IS SO AGREED AND STIPULATED:
HUTCHISON & STEFFEN, LLC

LEWIS ROCA ROTHGERBER LLP

BY /s/ Erin Lee Truman
Erin Lee Truman
Peccole Professional Park
10080 West Alta Drive, Suite 200
Las Vegas, NV 89145

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

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

Attorneys for Plaintiff
MGM Resorts International

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ORDER
IT IS SO ORDERED:
IT IS SO ORDERED. Any future extension request will require a hearing.
Dated: March 10, 2015.
___________________________________
_____________________________
UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE
DATED:____________________________
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