Chocolate Magic Las Vegas, LLC v. Ford, Jr. et al

Filing 63

ORDER Granting 62 Motion to Extend Time re 1 Complaint (First Request). Blair Elliot Ford, Jr. answer due 2/21/2018. Signed by Magistrate Judge Nancy J. Koppe on 1/31/2018. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-00690-APG-NJK Document 62 Filed 01/30/18 Page 1 of 3
1
2
3
4
5
6

GABROY LAW OFFICES
Christian Gabroy (#8805)
Elizabeth Aronson (#14472)
The District at Green Valley Ranch
170 South Green Valley Parkway, Suite 280
Henderson, Nevada 89012
Tel
[phone]
Fax [phone]
Attorneys for Defendant Ford

7

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

8
9
10

CHOCOLATE MAGIC LAS VEGAS LLC,
a Delaware limited liability company,

11

170 S. Green Valley Pkwy., Suite 280
Henderson, Nevada 89012
[phone] FAX: [phone]

GABROY LAW OFFICES

12
13
14
15
16

Plaintiff,
vs.
BLAIR ELLIOT FORD, JR., an individual;
CINDY WIX-INGLING, an individual;
NORMAN VIDA, an individual; and ALICE
KELLY, an individual,
Inclusive,
Defendants.

Case No.: 2:17-cv-00690-APG-NJK

DEFENDANT BLAIR FORD’S
MOTION TO EXTEND TIME TO FILE
RESPONSIVE PLEADING
FIRST REQUEST

17
18

Defendant Blair Ford (“Defendant”), by and through his attorneys Christian

19

Gabroy, Esq. and Elizabeth Aronson, Esq., of Gabroy Law Offices, in accordance with

20

LR IA 6-1, moves this Court as follows:

21
22

MEMORANDUM OF POINTS AND AUTHORITIES
1.

Pursuant to LR IA 6-1, Defendant requests an extension of seven (7)

23

days, in addition to the fourteen (14) days allowed to file a responsive pleading to

24

Plaintiff’s Amended Complaint or Complaint herein.

25
26
27
28

2.

On or about January 17, 2018, Judge Gordon entered an Order [Dkt. 60]

stating “Chocolate Magic is granted leave to amend its complaint.”
3.

The Order further states that, “If it intends to do so, Chocolate Magic

shall file an amended complaint within 14 days of entry of this Order.” No date is
Page 1 of 3

Case 2:17-cv-00690-APG-NJK Document 62 Filed 01/30/18 Page 2 of 3
1
2

given as to when Defendant is to respond to the Complaint on file herein if no

3

Amended Complaint is filed and Defendant brings this Motion on that basis.
4.

5

Complaint.
6.

8
9
10

To date and as of this filing, Plaintiff has not filed an Amended

2018.

6
7

Thus, Plaintiff’s Amended Complaint is due on or about January 31,

5.

4

Defendant’s Counsel has an upcoming trial and respectfully requests an

extension of twenty-one (21) days from the day Plaintiff files its Amended Complaint
or from today to file a responsive pleading.
7.

11

If Plaintiff does not file an Amended Complaint, Defendant respectfully

170 S. Green Valley Pkwy., Suite 280
Henderson, Nevada 89012
[phone] FAX: [phone]

GABROY LAW OFFICES

12

requests an extension of twenty-one (21) days from the day Plaintiff could have filed

13

its Amended Complaint to file a responsive pleading.
8.

14

Thus, Defendant respectfully requests that Defendant submit his

15

responsive pleading to Plaintiff’s Complaint or Amended Complaint on February 21,

16

2018.

17

9.

This Motion is made in an abundance of caution as Plaintiff’s counsel

18

has agreed to such extension but there has yet to be filed an Amended Complaint.

19

Upon such filing or determination by Plaintiff’s Counsel that no Amended Complaint

20

will be filed, Defendant will present a SAO for Plaintiff.

21

Respectfully, Defendant prays for such relief herein for an extension of up to

22

and including February 21, 2018 to file his reponse to the Amended Compliant if so

23

filed or the Complaint on file herein.

24
25

DATED this 30th day of January 2018.

26
27
28

IT IS SO ORDERED.
Dated: January 31, 2018
.
_________________________
United States Magistrate Judge

GABROY LAW OFFICES.
By:_/s/Christian Gabroy________
Christian Gabroy (#8805)
Page 2 of 3