MGM Grand Hotel, LLC v. Shin et al

Filing 58

ORDER GRANTING Motion for Reconsideration and Extension of Time 53 . The Order granting the Motion to Dismiss 52 is VACATED. IT IS FURTHER ORDERED that MGM's belated opposition to CIBC's Motion to Dismiss 51 is deemed timely; C IBC has until March 29, 2017, to file its reply in support of the Motion to Dismiss 45 . The Clerk of Court is directed to reinstate the Motion to Dismiss at ECF No. 45. Signed by Judge Jennifer A. Dorsey on 3/22/2017. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MGM Grand Hotel, LLC,

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2:16-cv-02347-JAD-NJK

Plaintiff
Order Granting Motion for
Reconsideration

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v.

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Kyung Shin aka Kyung S. Shin, et al.,

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[ECF No. 53]

Defendants

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MGM Grand Hotel, LLC brings this suit to recover its losses caused when defendant

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Kyung Shin used a fraudulently issued bank draft for gaming credit and other benefits. In its

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amended complaint against Shin and the issuing financial institutions Canadian Imperial Bank of

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Commerce and CIBC Securities, Inc. (collectively, “CIBC”), MGM prays for punitive damages

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against all defendants.1 CIBC moved to dismiss this punitive damages “claim” against it, arguing

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that the amended complaint lacks facts to support such an award.2 When MGM failed to file a

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timely opposition, I granted the motion to dismiss under Local Rule 7-2(d).3 MGM filed its

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opposition the following day and now moves to vacate my order granting the motion to permit its

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belated opposition to be considered on its merits.4
I find that MGM has demonstrated excusable neglect and good cause to grant the

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extension and request for reconsideration. Accordingly,
IT IS HEREBY ORDERED that MGM’s Motion for Reconsideration and Extension of

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Time [ECF No. 53] is GRANTED and the Order Granting the Motion to Dismiss [ECF No. 52]

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ECF No. 33.

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ECF No. 45.

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Nev. L.R. 7-2(d).

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ECF No. 53

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is VACATED;
IT IS FURTHER ORDERED that MGM’s belated opposition to CIBC’s Motion to

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Dismiss [ECF No. 51] is deemed timely; CIBC has until March 29, 2017, to file its reply in

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support of the Motion to Dismiss [ECF No. 45]. The Clerk of Court is directed to reinstate

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the Motion to Dismiss at ECF No. 45.

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DATED: March 22, 2017

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_______________________________
Jennifer A. Dorsey
United States District Judge

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