Hastings et al v. Triumph Property Management Corporation

Filing 53

ORDER Granting 52 Stipulation to Withdraw 46 Motion to Dismiss. IT IS HEREBY ORDERED that 46 Triumph Property Management's Motion to Dismiss is DEEMED WITHDRAWN and all deadlines related to that motion are vacated. Triumph has 14 days to file its answer and any other response to the First Amended Complaint 41 . Signed by Judge Jennifer A. Dorsey on 3/9/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00213-JAD-PAL Document 52 Filed 03/08/17 Page 1 of 6

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Michael Kind, Esq.
NV Bar No. 13903
Kazerouni Law Group, APC
7854 W. Sahara Avenue
Las Vegas, NV 89117
Phone: [phone] x7
FAX: [phone]
[e-mail]
Sara Khosroabadi, Esq.
NV Bar No. 13703
Hyde & Swigart
7854 W. Sahara Avenue
Las Vegas, NV 89117
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiffs John Hastings and Jill
Hastings, Individually and on behalf of all
others similarly situated
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JOHN HASTINGS AND JILL
HASTINGS, INDIVIDUALLY AND
ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED,
Plaintiffs,

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v.
TRIUMPH PROPERTY
MANAGEMENT CORPORATION
AND KIXIE ONLINE, INC.

Case No.: 2:16-cv-00213-JAD-PAL
JOINT STIPULATION AND ORDER
TO WITHDRAW TRIUMPH
PROPERTY MANAGEMENT
CORPORATION’S MOTION TO
DISMISS
ECF ECF No. 52
Nos. 46,

Defendants.
IT IS HEREBY STIPULATED BY AND BETWEEN Plaintiffs, John
Hastings and Jill Hastings (hereinafter collectively “Plaintiffs”), and Defendant,
Triumph Property Management Corporation (hereinafter “Triumph”), through
their respective attorneys of record, and subject to this Honorable Court’s
-1JOINT STIPULATION AND ORDER TO WITHDRAW DEFENDANT’S MOTION TO DISMISS

Case 2:16-cv-00213-JAD-PAL Document 52 Filed 03/08/17 Page 2 of 6

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approval thereon, that the parties hereto jointly agree and hereby do request that

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this Honorable Court issue an Order (i) permitting Triumph to withdraw without

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prejudice its pending Motion to Dismiss filed on February 15, 2017 and thereby

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order the Motion to Dismiss withdrawn , such that none of the parties supporting

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or opposing the Motion to Dismiss be deemed a prevailing party for the purpose

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of the Motion to Dismiss and (ii) requiring Triumph to file and serve a

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responsive pleading to Plaintiffs’ operative First Amended Complaint no later

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than 14 days following receipt of notice of this Honorable Court’s entry of the

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Order corresponding with the instant Joint Stipulation.

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It is further understood and agreed by the parties hereto that it is the intent

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of Triumph to withdraw its pending Motion to Dismiss and thereby permit

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Triumph to file and serve a responsive pleading to Plaintiffs’ First Amended

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Complaint, without waiving Triumph’s rights to assert any Counterclaims,

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Crossclaims, Third Party Claims and make any amendments thereto, which

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Triumph may file and serve in compliance with the Federal Rules of Civil

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Procedure.

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The parties’ instant Joint Stipulation is based upon the following general
representations:
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On or around February 3, 2016, Plaintiffs instituted the pending

action by filing their Complaint.
2.

Thereafter, Triumph’s initial counsel of record, Mr. Jacob L. Hafer,

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Esq. of HafterLaw (hereinafter “HafterLaw”), filed a Notice of Appearance of

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Counsel on or round March 30, 2016.

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3.

Subsequently, Triumph, through HafterLaw, filed a Motion to

Dismiss, Motion to Strike and Motion to Stay Discovery.
4.

Triumph’s above-referenced Motions culminated in Plaintiffs’

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seeking leave to file a First Amended Complaint, which this Honorable Court

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granted, and resulted in the filing of a First Amended Complaint by Plaintiffs on
-2JOINT STIPULATION AND ORDER TO WITHDRAW DEFENDANT’S MOTION TO DISMISS

Case 2:16-cv-00213-JAD-PAL Document 52 Filed 03/08/17 Page 3 of 6

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or around January 27, 2017, which remains operative.

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Triumph, through its initial counsel of record, HafterLaw, filed a

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Motion to Dismiss on February 15, 2017, which has not yet been heard by this

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Honorable Court.

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In or around March 2017, Triumph retained Springel & Fink, LLP

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for the purpose of representing its interests in the instant action, in lieu of its

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initial counsel of record, HafterLaw.

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7.

On March 7, 2017, counsel for Plaintiffs and Triumph’s newly

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retained counsel, Springel & Fink, LLP, met and conferred regarding the

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procedural posture of the pending action, discovery, Triumph’s intended

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withdrawal of its Motion to Dismiss, and Springel & Fink, LLP’s substitution as

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Triumph’s attorneys of record, in lieu of HafterLaw.

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At that time, counsel for Plaintiffs and Triumph’s newly retained

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counsel agreed that a withdrawal of Triumph’s Motion to Dismiss and the

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expeditious filing of a responsive pleading in this action by Triumph would be in

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the best interests of justice and judicial economy.

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-3JOINT STIPULATION AND ORDER TO WITHDRAW DEFENDANT’S MOTION TO DISMISS

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9.

On March 8, 2017, prior to the filing of the instant Stipulation,

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Triumph, thorough Springel & Fink, LLP, filed a Substitution of Counsel with

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this Honorable Court, wherein it respectfully requests that this Court effectuate

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the Substitution of Counsel filed by Triumph.

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Respectfully submitted.

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Dated: March 8, 2017

SPRINGEL & FINK, LLP

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By: /s/ Leonard T. Fink, Esq.
Leonard T. Fink, Esq.
10655 Park Run Dr., Suite 275
Las Vegas, NV 89144
Attorneys for Defendant

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Dated: March 8, 2017

KAZEROUNI LAW GROUP, APC
By: /s/ Michael Kind, Esq.
Michael Kind, Esq.
7854 W. Sahara Avenue
Las Vegas, NV 89117
Attorneys for Plaintiffs

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ORDER
Based on the parties’ stipulation [52] and good cause appearing, IT IS HEREBY
ORDERED that Triumph Property Management’s Motion to Dismiss [46] is DEEMED
WITHDRAWN and all deadlines related to that motion are vacated. Triumph has 14 days to
file its answer and any other response to the First Amended Complaint [41].

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________________________________
___________ ___
__ _
_
____
__
__
Jennifer Dorsey
rsey
y
U.S. District Judge 3/9/17

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-4-

JOINT STIPULATION AND ORDER TO WITHDRAW DEFENDANT’S MOTION TO DISMISS