Lux Sterling Holdings, LLC v. Manerbino et al

Filing 15

ORDER Granting 14 Unopposed Motion To Extend Time re 12 Motion to Dismiss. Responses due by 8/5/2016. Signed by Judge Richard F. Boulware, II on 7/27/2016. (Copies have been distributed pursuant to the NEF - DL)

1
2
3
4
5

AVRAMSKI LAW, PC
Boris Avramski, Esq.
Nevada Bar No. 11350
602 South 10th Street
Las Vegas, NV 89101
Phone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff

6
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

7
8

LUX STERLING HOLDINGS, LLC, a
Nevada Limited Liability Company,

9
Plaintiff,
10
vs.
11
12
13

PHILIP WHELAN, ANTHONY
MANERBINO, DAWNA MANERBINO,
AARON GODBOUT, and CNW, LLC, a
Colorado Limited Liability Company,

14

Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:16-cv-01240-RFB-VCF
UNOPPOSED MOTION TO EXTEND
PLAINTIFF’S TIME TO RESPOND
TO MOTION TO DISMISS

15
16

COMES NOW plaintiff Lux Sterling Holdings, LLC (“Sterling”), by and through its

17

attorney of record, Boris Avramski, Esq., and hereby files this unopposed motion pursuant to

18

Rule 6(b)(A)(1) to extend by two weeks Sterling’s time to respond to the Motion to Dismiss or

19

Transfer Action [Doc# 12] filed by defendants Philip Whelan, Anthony Manerbino, Dawna

20

Manerbino, and CNW, LLC (the “Moving Defendants”).

21

In support of this motion, Sterling states as follows:

22

1.

The Motion to Dismiss or Transfer Action was filed on July 5, 2016 and

23

Sterling’s response is currently due on July 22, 2016. This unopposed motion seeks to extend

24

that due date by two weeks, until August 5, 2016.

25

2.

The extension is necessary in light of the following factors: (i) the number and

26

complexity of the issues raised in the Motion to Dismiss or Transfer Action; (ii) the heavy

27

litigation schedule of Sterling’s trial counsel; and (iii) a medical emergency in the family of

28

Sterling’s manager, Phil Neuman, which prevented Sterling’s counsel from consulting with Mr.

Page 1 of 3

1

Neuman about the motion until today, July 19, 2016, only three days before the current due date

2

of July 22, 2016.

3

3.

On July 19, 2016, counsel for the Plaintiff contacted counsel for the Defendants

4

wherein they agree to extend the time to file an opposition to the Motion to Dismiss or Transfer

5

Action by two weeks.
CONCLUSION

6
7
8

75.

The due date for Sterling to respond to the Motion to Dismiss or Transfer [Doc#

12] should be extended by two weeks, from July 22, 2016 until August 5, 2016. A proposed
Order is annexed as Exhibit A.

9
10

Dated this 21st day of July, 2016.
AVRAMSKI LAW, PC

11
12

/s/ Boris Avramski
Boris Avramski, Esq.
Nevada Bar No. 11350
AVRAMSKI LAW, PC
4640 W. Charleston Blvd.
Las Vegas, NV 89102
Phone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff

13
14
15
16
17
18
19
20
21

Of Counsel:
Edward Griffith, Esq.
THE GRIFFITH FIRM
45 Broadway, Suite 2200
New York, New York 10006
[phone]
[phone] (fax)

22
23
24
25
26
27
28
Page 2 of 3

CERTIFICATE OF SERVICE

1
2

I, Boris Avramski, Esq., hereby certify that on July 21, 2016, I served the foregoing

3

UNOPPOSED MOTION TO EXTEND PLAINTIFF’S TIME TO RESPOND TO

4

MOTION TO DISMISS by the following means to the persons listed below:

5
6

X

ECF System to:

7
8
9

Richard T Cunningham
Richard Cunningham Law
Email: [e-mail]
Attorney for Defendants

10
11

I declare under penalty of perjury that the foregoing is true and correct.

12

Dates this 21st day of July, 2016.

13
14

/s/Boris Avramski
Boris Avramski, Esq.

15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 3 of 3

1
2
3
4
5

AVRAMSKI LAW, PC
Boris Avramski, Esq.
Nevada Bar No. 11350
602 South 10th Street
Las Vegas, NV 89101
Phone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff

6
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

7
8

LUX STERLING HOLDINGS, LLC, a
Nevada Limited Liability Company,

9
Plaintiff,
10
vs.
11
12
13

PHILIP WHELAN, ANTHONY
MANERBINO, DAWNA MANERBINO,
AARON GODBOUT, and CNW, LLC, a
Colorado Limited Liability Company,

14

Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:16-cv-01240-RFB-VCF
ORDER EXTENDING PLAINTIFF’S
TIME TO RESPOND TO MOTION
TO DISMISS UNTIL AUGUST 5, 2016

15
Upon the unopposed motion of plaintiff Lux Sterling Holdings, LLC (“Sterling”) to

16
17

extend by two weeks the due date for its response to the Motion to Dismiss or Transfer Action

18

[Doc# 12] filed by defendants Philip Whelan, Anthony Manerbino, Dawna Manerbino, and

19

CNW, LLC (the “Moving Defendants”); and in light of the Moving Defendants’ consent to the

20

motion; and for good shown, it is

21

HEREBY ORDERED that the due date for Sterling’s response to the Motion to Dismiss

22

or Transfer Action [Doc# 12] is hereby extended by two weeks from July 22, 2016, to August 5,

23

2016.

24

Dated this 27th day of July, 2016

25
26
27

__________________________________
Hon. Richard F. Boulware, II,
District Court Judge

28
Page 1 of 1