United States of America for the use and benefit of American General Construction Inc. et al v. Yack Construction, Inc. et al

Filing 50

ORDER granting ECF No. 49 Stipulation to Extend re ECF Nos. 47 and 48 Motions for Summary Judgment (First Request): Responses due by 12/21/2018. Signed by Judge Miranda M. Du on 12/6/2018. (Copies have been distributed pursuant to the NEF - LH) Modified on 12/7/2018 replies due 1/11/2019 (WJ).

1
2
3
4
5
6
7

Edward D. Boyack
Nevada Bar No. 005229
Colli C. McKiever
Nevada Bar No. 13724
BOYACK ORME & ANTHONY
7432 W. Sahara Avenue, Suite 101
Las Vegas, Nevada 89117
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorney for Defendants YACK CONSTRUCTION INC.
And MERCHANTS BONDING COMPANY (MUTUAL)

8

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

9
10
11
12

UNITED STATES OF AMERICA FOR THE
USE AND BENEFIT OF AMERICAN
GENERAL CONSTRUCTION, INC. and
AMERICAN GENERAL CONSTRUCTION
INC. dba AGC, INC.,
Plaintiffs,

13
14

STIPULATION AND PROPOSED
ORDER TO EXTEND TIME FOR
PLAINTIFF AND DEFENDANTS
TO OPPOSE SUMMARY
JUDGMENT MOTIONS

vs.

15

Case No. 2:17-cv-01994-MMD-CWH

YACK CONSTRUCTION INC., and
MERCHANTS BONDING COMPANY
(MUTUAL)

16

(FIRST REQUEST)

Defendants.

17
18

Pursuant to LR 6-1, Defendants, YACK CONSTRUCTION INC. (“YACK”), and

19

MERCHANTS BONDING COMPANY (MUTUAL),and Plaintiff, UNITED STATES OF

20

AMERICA FOR THE USE AND BENEFIT OF AMERICAN GENERAL CONSTRUCTION,

21
22

INC. and AMERICAN GENERAL CONSTRUCTION INC. (“AGC”) , by and through their
undersigned counsel, respectfully submit this Stipulation to allow both the Plaintiffs and the
Defendants fourteen (14) additional days file oppositions to the competing summary judgments

23
24
25
26
27

filed on November 16th, 2018, and an additional seven (7) days for the parties to file any replies.
The Parties hereby stipulate and agree as follows:
1.

Defendants, YACK and MERCHANTS BONDING COMPANY filed their

Motion for Summary Judgment on November 16th, 2018. [ECF NO. 47]
2.

Plaintiffs, AGC, filed their Motion for Summary Judgment on November 16th,

28
Page 1 of 2

1

2018. [ECF NO. 48]

2

3.

Currently both parties’ Oppositions are due December 7th, 2018.

3

4.

The parties stipulate and agree that AGC shall have up to, through, and

4

including December 21st, 2018, to oppose YACK and MERCHANTS BONDING

5

COMPANY’s Summary Judgment motion [ECF No. 47].

6

5.

The parties stipulate and agree that YACK and MERCHANTS BONDING

7

COMPANY shall have up to, through, and including December 21st, 2018, to oppose

8

AGC’s Summary Judgment motion [ECF No. 48].

9

6.

AGC, YACK and MERCHANTS BONDING COMPANY further agree

10

and stipulate that all parties shall have up to, through, and including January 11th, 2019, to

11

file any replies.

12

7.

The additional time will allow the parties to properly address the issues

13

raised in the motions in light of the intervening holidays during the briefing of the motions

14

for summary judgment. No prejudice will result to any party from an extension of time.

15

8.

This stipulation is made in good faith and not for the purpose of delay.

16
17

DATED this 5th day of December, 2018.

DATED this 5th day of December, 2018

18

BOYACK ORME & ANTHONY

GREENBERG TRAURIG LLP

19

By: ___/s/ Edward D. Boyack _______
EDWARD D. BOYACK
Nevada Bar No. 005229
COLLI C. McKIEVER
Nevada Bar No. 13724
7432 W. Sahara Avenue, Suite 101
Las Vegas, Nevada 89117
Attorneys for Defendants

By: /s/ Christopher R. Miltenberger
MARK E. FERRARIO
Nevada Bar No. 1625
CHRISTOPHER R. MILTENBERGER
Nevada Bar No. 10153
WHITNEY WELCH-KIRMSE
Nevada Bar No. 12129
3773 Howard Hughes Pkwy., Ste. 400 North
Las Vegas, NV 89169
Attorneys for Plaintiffs

20
21
22
23
24
25
26
27
28

IT IS SO ORDERED.
DATED THIS ________ DAY OF DECEMBER, 2018.
6th
________________________________________
UNITED STATES DISTRICT JUDGE
Page 2 of 2