McNamara v. Patten et al

Filing 25

ORDER Granting 24 Stipulation to Extend Time Re: 22 Motion to Dismiss. Responses due by 3/16/2018. Replies due by 4/6/2018. Signed by Judge James C. Mahan on 2/23/2018. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-02968-JCM-NJK Document 24 Filed 02/20/18 Page 1 of 3

1 Logan Smith (Pro Hac Vice)
[e-mail]
2 Edward Chang (NV 11783)
[e-mail]
3 MCNAMARA SMITH LLP
655 West Broadway, Suite 1600
4 San Diego, California 92101
Tel.: [phone]
5 Fax: [phone]
6 Michael F. Lynch (NV 8555)
[e-mail]
7 LYNCH LAW PRACTICE, PLLC
3613 S. Eastern Ave.
8 Las Vegas, Nevada 89169
Tel.: [phone]
9 Fax: [phone]
10 Attorneys for Court-Appointed Monitor
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

11
12

13 THOMAS W. MCNAMARA, as the CourtAppointed Monitor,
14
Plaintiff,
v.
15

Case No. 2:17-cv-02968-JCM-NJK
STIPULATION AND ORDER TO
EXTEND TIME TO RESPOND TO
DEFENDANTS’ MOTION TO DISMISS
PLAINTIFF’S COMPLAINT

16 GARY PATTEN, an individual; PANO
ADVISORS, INC., a Nevada corporation;
17 DOES I-X; and ROE CORPORATIONS I-X,

(First Request)
Judge:

Hon. James C. Mahan

Defendants.

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19
20

Plaintiff, Court-appointed Monitor, Thomas W. McNamara (“Plaintiff”)1, by and through

21 his counsel, Michael F. Lynch of the Lynch Law Practice, PLLC and Edward Chang and Logan
22 Smith of McNamara Smith LLP and Defendants Gary Patten and Pano Advisors, Inc.
23 (“Defendants”), by and through their counsel, Jacobs L. Fonnesbeck of Smith Correll, LLP and
24

1

Thomas W. McNamara is acting in his capacity as the Court-appointed Monitor for
25 AMG Capital Management, LLC; BA Services LLC; Black Creek Capital Corporation;
Broadmoor Capital Partners, LLC; Park 269, LLC; C5 Capital LLC; DF Services Corp.; DFTW
26 Consolidated [UC] LLC; Impact BP LLC; Level 5 Apparel LLC; Level 5 Capital Partners LLC;
Level 5 Eyewear LLC; Level 5 Motorsports, LLC; Level 5 Scientific LLC; NM Service Corp.
27 (f/k/a/ National Money Service); PSB Services LLC; Real Estate Capital LLC (f/k/a/ Rehab
Capital I, LLC); Sentient Technologies; ST Capital LLC; Westfund LLC; Eclipse Renewables
28 Holdings LLC; Scott Tucker Declaration of Trust, dated February 20, 2015; West Race Cars,
LLC; and Level 5 Management LLC; and their successors, assigns, affiliates, and subsidiaries.
1

Case 2:17-cv-02968-JCM-NJK Document 24 Filed 02/20/18 Page 2 of 3

1 Sharon L. McCarthy, Christopher M. Ferguson, and Cassandra Vogel of Kostelanetz & Fink,
2 LLP, hereby stipulate to the following:
3

WHEREAS, Defendants Gary Patten and Pano Advisors, Inc.’s Motion to Dismiss

4 Plaintiff’s Complaint (“Motion to Dismiss”) was filed on February 9, 2018 (ECF No. 22);
5

WHEREAS, Plaintiff’s deadline to file his response to the Motion to Dismiss is currently

6 February 23, 2018;
7

WHEREAS, the parties stipulate, subject to Court approval, that Plaintiff’s deadline to

8 file his response to the Motion to Dismiss shall be extended by three weeks, to March 16, 2018;
9

WHEREAS, the parties also stipulate, subject to Court approval, that Defendants’

10 deadline to file their reply shall be extended by two weeks, to April 6, 2018; and
11

WHEREAS, this is the first stipulation for extension of time to file Plaintiff’s response

12 and Defendants’ reply to the Motion to Dismiss.
13

Dated: February 20, 2018

Dated: February 20, 2018

14

MCNAMARA SMITH LLP

KOSTELANETZ & FINK, LLP

15

/s/ Edward Chang
Edward Chang (NV 11783)
655 West Broadway, Suite 1600
San Diego, California 92101
Tel.: [phone]
Fax: [phone]

/s/ Christopher M. Ferguson
Christopher M. Ferguson
Kostelanetz & Fink, LLP
7 World Trade Center, 34th Floor
New York, New York 10007
Tel.: [phone]
Fax: [phone]
[e-mail]

16
17
18
19

Attorneys for Court-Appointed Monitor,
Thomas W. McNamara

Attorneys for Defendants Gary Patten and
Pano Advisors, Inc.

20
21 IT IS SO ORDERED:
22
23

NANCY J. KOPPE DISTRICT JUDGE
UNITED STATES
UNITED STATES MAGISTRATE JUDGE

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25

DATED:

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2

February 23, 2018

Case 2:17-cv-02968-JCM-NJK Document 24 Filed 02/20/18 Page 3 of 3

1

CERTIFICATE OF SERVICE

I hereby certify that on the 20th day of February, 2018, pursuant to Fed. R. Civ. P. 5(b), I
served via CM/ECF or delivered by email and mailing in the U.S. Mail a true and correct copy of
3 the foregoing a true and correct copy of the foregoing STIPULATION AND ORDER TO
EXTEND TIME TO RESPOND TO DEFENDANTS’ MOTION TO DISMISS
4 PLAINTIFF’S COMPLAINT, postage prepaid and addressed to the following:
2

Ballard Spahr LLP
655 West Broadway, Suite 1600
San Diego, California 92101-8494

5 VIA CM/ECF
Sharon L. McCarthy
6 Christopher M. Ferguson
Cassandra Vogel
7 Kostelanetz & Fink, LLP
7 World Trade Center, 34th Floor
8 New York, NY 10007
Tel.: [phone]
9 Admitted Pro Hac Vice
[e-mail]
10 [e-mail]
[e-mail]
11 Attorneys for Defendants

VIA CM/ECF
Jacob L. Fonnesbeck
Smith Correll, LLP
3960 Howard Hughes Parkway, Suite 500
Las Vegas, NV 89169
Tel: [phone]
[e-mail]
Attorneys for Defendants

12
/s/ Edward Chang
Edward Chang
14 Attorneys for the Court-appointed Monitor,
Thomas W. McNamara
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