Trustees of the Bricklayers & Allied Craftworkers Local 13 Defined Contribution Pension Trust For Southern Nevada et al v. Practical Flooring, Inc. et al

Filing 24

ORDER Granting 23 Stipulation for Extension of Time re Dispositive Motion Deadline (Second Request). Motions due by 12/29/2017. Signed by Magistrate Judge George Foley, Jr on 11/30/2017. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 6 THE URBAN LAW FIRM Michael A. Urban, Nevada Bar No. 3875 Sean W. McDonald, Nevada Bar No. 12817 4270 S. Decatur Blvd., Suite A-9 Las Vegas, NV 89103 T: (702) 968-8087 F: (702) 968-8088 Counsel for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 TRUSTEES OF THE BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 DEFINED CONTRIBUTION PENSION TRUST FOR SOUTHERN NEVADA; et al., 15 16 17 STIPULATION TO EXTEND DISPOSITIVE MOTION DEADLINE Plaintiffs, 13 14 Case No. 2:16-cv-00510-GMN-GWF vs. (Second Request) PRACTICAL FLOORING, INC., a Nevada corporation; and DANETTE BORDLEMAYROYBAL aka DANETTE ROYBAL, an individual, Defendants. 18 19 IT IS HEREBY STIPULATED AND AGREED, by and between the parties’ counsel of record, 20 and subject to the approval of the Court, that the dispositive motion deadline be extended 30 days to 21 December 29, 2017. The current deadline is November 29, 2017. Discovery has closed. 22 In the prior stipulation extending this deadline approved by the Court (ECF No. 22), the parties 23 reported that they reached a tentative settlement of this matter, subject to reducing the settlement to 24 writing and executing the same. The settlement agreement has been reduced to writing and has been 25 exchanged among the parties. 26 The tentative settlement provides one contingency that has not been removed. Based upon 27 Defendants’ representations, which representations Plaintiffs are presently satisfied with, delay outside 28 the control of the parties to this litigation has prevented removal of the contingency and, thus, the 1 1 tentative settlement agreement from being fully consummated. Defendants expect the contingency to be 2 removed within the two weeks. Plaintiffs are, at this time, satisfied Defendants are making reasonable, 3 good faith efforts to remove the contingency to settlement. Thus, the parties request 30 additional days 4 within which to finalize settlement. Within that time, the parties expect to file a stipulation for dismissal, 5 a status report, or, in the event the sole remaining contingency to settlement is not able to be removed 6 and a written settlement agreement is signed by the parties, to file dispositive motions. 7 This is the parties’ second request for an extension of the dispositive motion deadline that does 8 not also extend a discovery deadline. This request is not made for any improper purpose or delay. Based 9 upon the foregoing, the parties believe there is good cause for the requested extension because it is in 10 furtherance of settlement, is in the interest of judicial economy, and will conserve the parties’ resources 11 by not incurring unnecessary litigation expenses which would impede conclusion of settlement. 12 Dated: November 29, 2017 Dated: November 29, 2017 13 THE URBAN LAW FIRM KUNG & BROWN 14 /s/ Sean W. McDonald Michael A. Urban, Esq. Sean W. McDonald, Esq. 4270 S. Decatur Blvd., Suite A-9 Las Vegas, Nevada 89103 T: (702) 968-8087 F: (702) 968-8088 Counsel for Plaintiffs /s/ Georlen Spangler Georlen Spangler, Esq. 214 South Maryland Parkway Las Vegas, Nevada 89101 T: (702) 382-0883 F: (702) 382-2720  Counsel for Defendants, Practical Flooring, Inc. and Danette Roybal 15 16 17 18 19 20 21 22 IT IS SO ORDERED. 23 24 25 _____________________________________ UNITED STATES MAGISTRATE JUDGE 26 Dated: __________________  11/30/2017 27 28 107136 2

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