Aerodynamics Incorporated et al v. Caesars Entertainment Operating Company, Inc. et al

Filing 325

ORDER Granting 324 Second Stipulation for Extension of Time Re: 320 Motion to Dismiss. Responses due by 12/16/2019. Replies due by 12/23/2019. Signed by Judge Jennifer A. Dorsey on 12/16/2019. (Copies have been distributed pursuant to the NEF - SLD)

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James J. Pisanelli, Esq., Bar No. 4027
[e-mail]
Debra L. Spinelli, Esq., Bar No. 9695
[e-mail]
M. Magali Mercera, Esq., Bar No. 11742
[e-mail]
Emily A. Buchwald, Esq., Bar No. 13442
[e-mail]

PISANELLI BICE PLLC

400 South 7th Street, Suite 300
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 702.214.2101
Attorneys for Caesars Entertainment
Operating Company, Inc.

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UNITED STATES DISTRICT COURT

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PISANELLI BICE
400 SOUTH 7TH STREET, SUITE 300
LAS VEGAS, NEVADA 89101

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DISTRICT OF NEVADA
AERODYNAMICS INCORPORATED, a
Michigan corporation; ADI HOLDINGS
COMPANY, INC., a Georgia corporation, 

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CASE NO.: 2:15-cv-1344-JAD-BNW
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO
RESPOND TO PLAINTIFFS' MOTION
FOR VOLUNTARY DISMISSAL
WITHOUT PREJUDICE OF VIA
AIRLINES, INC. (ECF NO. 320)

Plaintiffs,

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vs.

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CAESARS ENTERTAINMENT
OPERATING COMPANY, INC., a Delaware
corporation; STEVEN MARKHOFF, an
individual; INTERNATIONAL
MANAGEMENT SOLUTIONS LLC, a
Delaware corporation; VIA AIRLINES, INC.,
a Colorado corporation; VIA AIR, LLC, a
Delaware corporation; and AMOS VIZER, an
individual,

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(SECOND REQUEST)

Defendants.

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Plaintiffs Aerodynamics Incorporated and ADI Holdings Company, Inc. (collectively

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"Plaintiffs") by and through their undersigned counsel, and Defendants Caesars Entertainment

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Operating Company, Inc. ("Caesars"); Steven Markhoff and International Management Solutions,

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LLC (collectively "Markhoff"); and Via Air, LLC and Amos Vizer (collectively "Via" or the "Via

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Entities"), by and through their undersigned counsel, hereby state as follows:
1.

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On November 26, 2019, Plaintiffs filed their Motion for Voluntary Dismissal

without Prejudice of Via Airlines, Inc. (ECF No. 320) (the "Motion to Dismiss").

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2.

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The Parties previously agreed to modify the briefing schedule to allow Caesars,

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Markhoff, and the Via Entities additional time to file their responses to the Motion to Dismiss and

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the current deadline to respond to the Motion to Dismiss is Friday, December 13, 2019.

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3.

This is the second stipulation to modify the briefing schedule.

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4.

The parties have agreed to modify the briefing schedule to allow Caesars and

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Markhoff a brief extension, until Monday, December 16, 2019, to file their responses to the Motion

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to Dismiss.
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and the Via Entities are not taking a position as to the Motion to Dismiss.
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PISANELLI BICE
400 SOUTH 7TH STREET, SUITE 300
LAS VEGAS, NEVADA 89101

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In light of the foregoing, the Parties STIPULATE AND AGREE, subject to this Court's
approval, as follows:
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That the time for Caesars and Markhoff to respond to the Motion to Dismiss shall

be extended;
2.

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The parties have further agreed that Plaintiffs shall have up to and including,

Monday, December 23, 2019, to file their reply in support of the Motion to Dismiss.

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Via Airlines, LLC will not be filing a response/objection to the Motion to Dismiss

Caesars and Markhoff shall have up to and including Monday, December 16, 2019

to respond to the Motion to Dismiss; and
3.

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Plaintiffs shall have up to and including, Monday, December 23, 2019, to file their

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reply in support of the Motion to Dismiss.

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Dated this 13th day of December 2019

Dated this 13th day of December 2019

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PISANELLI BICE PLLC

BUCHALTER, a Professional Corporation

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By: /s/ M. Magali Mercera
James J. Pisanelli, Esq., Bar No. 4027
Debra L. Spinelli, Esq., Bar No. 9695
M. Magali Mercera, Esq., Bar No. 11742
Emily A. Buchwald, Esq., Bar No. 13442
400 South 7th Street, Suite 300
Las Vegas, NV 89101

By: /s/ C. Dana Hobart
C. Dana Hobart, Esq. (CA SBN: 125139)
1000 Wilshire Boulevard, Suite 1500
Los Angeles, CA 90017

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HEJMANOWSKI &MCCREA
Paul Hejmanowski, Esq., Bar No. 94
Charles McCrea, Esq., Bar No. 04
Attorneys for Caesars Entertainment Operating 520 South Fourth Street, Suite 320
Company, Inc.
Las Vegas, NV 89101
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiffs

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Dated this 13th day of December 2019

Dated this 13th day of December 2019

BROWNSTEIN HYATT FARBER SCHRECK, LLP

BITMAN O'BRIEN & MORAT, PLLC

By: /s/ Frank M. Flansburg
Frank M. Flansburg III, Esq., Bar No. 6974
Troy P. Domina, Esq., Bar No. 13862
100 North City Parkway, Suite 1600
Las Vegas, NV 89106

By: /s/ Ronnie J. Bitman
Ronnie J. Bitman, Esq., FL Bar No. 744891
(admitted pro hac vice)
255 Primera Blvd., Suite 128
Lake Mary, FL 32746

Attorneys for Defendants Steven Markhoff and
International Management Solutions LLC

Matthew T. Dushoff, Esq., Bar No. 4975
KOLESAR & LEATHAM
400 S. Rampart Blvd., Suite 400
Las Vegas, Nevada 89145

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Attorneys for Defendants Via Airlines, Inc., Via
Air, LLC, and Amos Vizer

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PISANELLI BICE
400 SOUTH 7TH STREET, SUITE 300
LAS VEGAS, NEVADA 89101

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ORDER

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IT IS SO ORDERED that Caesars and Markhoff shall have up to and including

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Monday, December 16, 2019, to respond to the Motion to Dismiss.
Monday, December 15, 2019, to respond to the Motion to Dismiss.
IT IS FURTHER ORDERED that Plaintiffs shall have up to and including,

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Monday, December 23, 2019, to file their reply in support of the Motion to Dismiss

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UNITED STATES DISTRICT JUDGE

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12/16/2019

DATED:

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CASE NO. 2:15-cv-1344-JAD-BNW

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