Singer et al v. Stuerke

Filing 40

ORDER Granting 39 Stipulation to Extend Time to Answer/Respond Re: 32 Amended Complaint. Brandon Stuerke answer due 12/1/2017. Signed by Magistrate Judge George Foley, Jr on 11/17/2017. (Copies have been distributed pursuant to the NEF - MMM)

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Case 2:16-cv-02526-KJD-GWF Document 39 Filed 11/16/17 Page 1 of 3 1 2 3 4 5 6 Louis M. Bubala III, Esq. (NV #8974) KAEMPFER CROWELL 50 W. Liberty Street, Suite 700 Reno, Nevada 89501 Telephone: 775.852.3900 Facsimile: 775.327.2011 Email: lbubala@kcnvlaw.com Attorneys for Defendant BRANDON STUERKE 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 SIMON SINGER, individually, and RAO GARUDA, individually and as trustee of the GARUDA FAMILY ASSET PROTECTION TRUST, 12 Case No.: 2:16-cv-02526-KJD-GWF STIPULATION AND PROPOSED ORDER TO EXTEND DEADLINE FOR DEFENDANT TO FILE HIS RESPONSE TO SECOND AMENDED PETITION Plaintiffs, 13 v. 14 BRANDON STUERKE (also known as “Leroy Brandon Stuerke”), an individual 15 (Fourth Request) Defendant. 16 17 Plaintiffs and Defendant stipulate and agree, subject to Court approval, as follows: 18 1. On October 31, 2016, Plaintiffs filed a Petition to Compel Arbitration for the 19 Adjudication of Claims of Fraud, Breach of Fiduciary Duty and Related Wrongful Acts Committed 20 by Defendant (Ct. Dkt. #1). On January 12, 2017, Plaintiffs filed and served a First Amended 21 Petition to Compel Arbitration (Ct. Dkt. #12). On July 7, 2017, Plaintiffs filed and served a Second 22 Amended Petition to Compel Arbitration (“Second Petition,” Ct. Dkt. #32). 23 24 25 2. The deadline for Defendant to file a responsive pleading to the Second Petition was previously extended three times, with the last extension granted through October 17, 2017. 3. Counsel for the parties continue discussions about various methods of resolution 26 without reading a dispositive agreement. Plaintiff’s counsel has been traveling for work over the 27 past two weeks, and the parties seek to continue their discussions upon the return of Plaintiff’s 28 counsel to Nevada. 1 Case 2:16-cv-02526-KJD-GWF Document 39 Filed 11/16/17 Page 2 of 3 1 4. As to this fourth request for additional time to file a response to the Second Petition, 2 the parties have agreed that should they fail to reach a consensual resolution that Defendant shall be 3 allowed up to and through Friday, December 1, 2017, to either respond to the Second Petition or 4 advise the court that they desire to participate in an early neutral evaluation. 5 DATED on this 15th day of November, 2017. 6 KAEMPFER CROWELL 7 By: /s/ Louis M. Bubala III LOUIS M. BUBALA III, ESQ. Counsel to Defendant 8 9 DATED on this 15th day of November, 2017. 10 PAUL PADDA LAW, PLLC 11 By: /s/ Paul S. Padda PAUL S. PADDA, ESQ. JOSHUA Y. ANG, ESQ. Counsel to Plaintiffs 12 13 14 15 ORDER IT IS SO ORDERED. 16 17 ___________________________________ UNITED STATES MAGISTRATE JUDGE Dated: 11/17/2017 18 19 20 21 22 23 24 25 26 27 28 2 Case 2:16-cv-02526-KJD-GWF Document 39 Filed 11/16/17 Page 3 of 3 1 CERTIFICATE OF SERVICE 2 The undersigned hereby certifies that on November 15, 2017, a copy of the foregoing 3 document was served through the Electronic Case Filing System of the United States District Court, 4 District of Nevada, upon all counsel and parties of record in this matter. 5 6 _/s/ Louis M. Bubala III________ Louis M. Bubala III 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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