Lopez et al v. U.S. Home Corporation et al

Filing 9

ORDER Granting in part and Denying in part 7 Stipulation. IT IS HEREBY ORDERED that the deadline for Plaintiffs to file a response to Defendants'Motion to Dismiss is extended to 9/2/16. IT IS FURTHER ORDERED that the parties' deadli ne to file a joint status report is extended to 9/8/16. IT IS FURTHER ORDERED that the parties' request to extend the deadline to file a motion to remand is DENIED. Signed by Chief Judge Gloria M. Navarro on 8/23/16. (Copies have been distributed pursuant to the NEF - ADR)

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Case 2:16-cv-01754-GMN-CWH Document 7 Filed 08/17/16 Page 1 of 3 1 JONATHAN G. LAITIE, ESQ. Nevada State Bar No. 7058 2 TERESA A. LIBERTINO, ESQ. Nevada State Bar No. 9103 3 LATTIE MALANGA LIBERTINO, LLP 7945 West Sahara Avenue, Suite 108 4 Las Vegas, Nevada 89117 (702) 655-4949 I I 5 DAVID T. PURSIANO, ESQ. 6 Nevada State Bar No. 5464 LAUREL L. BARRY, ESQ. 7 Nevada State Bar No. 10311 8 PURSIANO BARRY BRUCE LAVELLE, LLP 851 S. Rampart Blvd., Ste. 260 9 Las Vegas, NV 89145 10 Attorneys for Plaintiffs 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 BRITTANY & ANTHONY LOPEZ, Husband Case No. 2:16-cv-01754-GMN-CWH and Wife; PAULA EARL-MCCONICO & 15 WILLIE MCCONICO, Husband and Wife; MARTIN & VERONICA FREEMAN, Husband 16 and Wife; TIMMY LE & NGUYEN TRINH, Husband and Wife; GERDA PIERROT; 17 SHAWN YBARRA; SHELBY MCEVOY & KENNETH PFEIFER, Husband and Wife; 18 PABLO ECHEVARRIA & PATREASE ASHLEY, Husband and Wife; NICHOLAS 19 SPELDRICH & MARYANN UNDIS; SHUREN ZHANG & PING YUE, Husband and Wife; 20 ROBYN COOPER; LINDA YARBROUGH; SOON LEWIS; NICOLE JENKINS; 21 MATTHEW BACHMAN & TIMOTHY THOMPSON; STEVE FELDMAN; JENNIFER 22 DURHAM; JENNIFER HOUGHLAND; SETH & KRISTAL MACKERT, Husband and Wife; 23 LILLIE A BANKS; NATHAN & KYLEE REEDER; DEREK BAO & NICOLE 24 SHINAVER, Husband and Wife; JEROME A REYES; PAUL E. MELENDEZ; SCOTT & 25 HOLLY WORTLEY, Husband and Wife, 26 27 28 U.S. Plaintiffs, v. HOME CORPORATION AND -1- STIPULATION AND ORDER CONTINUING DATE FOR PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT AND DATE TO FILE JOINT STATUS REPORT AND MOVE FOR REMAND (First Request) Case 2:16-cv-01754-GMN-CWH Document 7 Filed 08/17/16 Page 2 of 3 1 GREYSTONE NEVADA, LLC; and DOES 1 through 100, inclusive, 2 Defendants. 3 Plaintiffs and Defendants by and through their respective counsel hereby stipulate to extend 4 5 Plaintiffs' time for responding to Defendants' motion to dismiss Plaintiffs' complaint by fifteen (15) 6 days to September 2, 2016. Defendants' motion to dismiss Plaintiffs' complaint was filed on August 7 1, 2016. 8 (ECF No. 5). Plaintiffs' response to Defendants' motion to dismiss the complaint is currently due on August 18, 2016. Pursuant to this stipulation, Plaintiffs' response will be due on 9 September 2, 2016. This extension is requested because Plaintiffs need additional time to respond to 10 11 Defendants' motion and because the parties are discussing a potential agreement to resolve some, if 12 not all of the case or issues that are the subject of Defendants' motion. This is the first stipulation for 13 an extension of the Plaintiffs' time to respond to Defendants' motion to dismiss Plaintiffs' complaint. 14 15 In following, and to help promote the parties attempt to agree on resolution of some, if not all pending claims, Plaintiffs and Defendants also stipulate to extend the date to provide a Joint Status 16 Report by fifteen (15) days to September 8,2016 and for Plaintiffs to motion the Court to remand the 17 18 case to State Court by fifteen (15) days to September 8, 2016. ORDER 19 II I IT IS HEREBY ORDERED that the deadline for Plaintiffs to file a response to Defendants' 20 Ill Motion to Dismiss is extended to September 2, 2016. 21 I II 22 111 23 24 IT IS FURTHER ORDERED that the parties' deadline to file a joint status report is extended to September 8, 2016. IT IS FURTHER ORDERED that the parties' request to extend the deadline to file a motion 11 I to remand is DENIED. Pursuant to 28 U.S.C. ยง 1447, "[a] motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days 1 25 11 after the filing of the notice of removal under section 1446(a)." 26 f II 23 27 I II DATED this ___ day of August, 2016. _______________________________________ UNITED STATES DISTRICT COURT JUDGE 28 -2- Case 2:16-cv-01754-GMN-CWH Document 7 Filed 08/17/16 Page 3 of 3 1 II I 2 3 Defendants filed their Petition for Removal on July 25, 2016. (ECF No. 1) This is the first stipulation for extensions of time to provide a Joint Status Report and Motion to Remand. 4 5 6 DATED this 17th day of August, 2016 DATED this 17th day of August, 20116 IE MALANGA LIBERTINO, LLP PAYNE & FEARS LLP By: Isl Gregory H . King Gregory H. King, NV Bar No. 7777 Sarah Odia, NV Bar No. 11053 7251 W . Lake Mead Blvd., Suite 525 Las Vegas, Nevada 89128 Tel. (702) 851-0300 Attorneys for Defendants 22 IT IS SO ORDERED. 23 UNITED STATES DISTRICT JUDGE 24 DATED : ~~~~~~~~~~~~~~ 25 26 27 28 -3-

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