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)

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: [phone]
F: [phone]
[e-mail]
[e-mail]
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: [phone]
F: [phone]
[e-mail]
[e-mail]
Counsel for Plaintiffs

/s/ Georlen Spangler
Georlen Spangler, Esq.
214 South Maryland Parkway
Las Vegas, Nevada 89101
T: [phone]
F: [phone]
[e-mail] 
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