McNamara v. Selling Source, LLC et al

Filing 55

ORDER Granting 54 First Stipulation re 52 Motion for Leave to File Excess Pages and for Extension of Time re 53 Motion to Dismiss. Responses to 53 Motion due by 6/29/2018. Replies due by 7/23/2018. Defendants have 3 days to submit a corrected image of the 54 Motion that complies with the rules of this court. Signed by Judge Jennifer A. Dorsey on 6/8/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-02969-JAD-CWH Document 54 Filed 06/07/18 Page 1 of 4

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 for AMG Capital Management,
14 LLC; BA Services LLC; Black Creek Capital
Corporation; Broadmoor Capital Partners, LLC;
15 Park 269, LLC; C5 Capital LLC; DF Services
Corp.; DFTW Consolidated [UC] LLC; Impact BP
16 LLC; Level 5 Apparel LLC; Level 5 Capital
Partners LLC; Level 5 Eyewear LLC; Level 5
17 Motorsports, LLC; Level 5 Scientific LLC; NM
Service Corp. (f/k/a/ National Money Service); PSB
18 Services LLC; Real Estate Capital LLC (f/k/a/
Rehab Capital I, LLC); Sentient Technologies; ST
19 Capital LLC; Westfund LLC; Eclipse Renewables
Holdings LLC; Scott Tucker Declaration of Trust,
20 dated February 20, 2015; West Race Cars, LLC;
and Level 5 Management LLC; and their
21 successors, assigns, affiliates, and subsidiaries,
Plaintiff,

22
v.
23

SELLING SOURCE, LLC; PARTNERWEEKLY
24 L.L.C.; MONEYMUTUAL, LLC; DATAX, LTD.;
DEREK LAFAVOR; and ROE CORPORATIONS
25 I-X,
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27
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Defendants.

Case No. 2:17-cv-02969-JAD-CWH
STIPULATION TO EXTEND TIME
TO RESPOND TO DEFENDANTS
SELLING SOURCE, LLC,
PARTNERWEEKLY L.L.C.,
MONEYMUTUAL, LLC, DATAX,
LTD., AND DEREK LAFAVOR’S
MOTIONS TO DISMISS FIRST
AMENDED COMPLAINT
(FIRST REQUEST)

ECF Nos. 52, 54

Case 2:17-cv-02969-JAD-CWH Document 54 Filed 06/07/18 Page 2 of 4

1

Plaintiff, Thomas W. McNamara (“Plaintiff”) in his capacity as court-appointed Monitor,

2 Defendants Selling Source, LLC; PartnerWeekly L.L.C.; MoneyMutual, LLC; and DataX, Ltd.
3 (“Corporate Defendants”) represented by Jeff Silvestri of McDonald Carano, LLP and Benjamin
4 J. Razi and Dennis B. Auerbach of Covington & Burling LLP, and Defendant Derek LaFavor
5 (“LaFavor”) represented by Marc P. Cook of Cook & Kelesis, Ltd. (collectively, “Defendants”)
6 stipulate and agree as follows:
7

WHEREAS, Plaintiff filed a First Amended against Defendants on April 30, 2018 (ECF

8 No. 49);
9

WHEREAS, LaFavor filed his Motion to Exceed 24 Page Limit Pursuant to Local

10 Rule 7-3(c) on May 30, 2018 (ECF No. 52), wherein he attached his Omnibus Motion to Dismiss
11 Monitor’s First Amended Complaint for Failure to State a Claim Pursuant to Rule 12; for Lack
12 of Jurisdiction Pursuant to NRS 12.230 and NRS 11.190(3)(d); or in the Alternative for More
13 Definite Statement (ECF No. 52-1).
14

WHEREAS, Corporate Defendants filed their Motion to Dismiss Plaintiff’s First

15 Amended Complaint on May 30, 2018 (ECF No. 53) (collectively, the “Motions to Dismiss”).
16

WHEREAS, Plaintiff’s deadline to file his responses to the Motions to Dismiss is

17 currently June 13, 2018.
18

WHEREAS, Plaintiff is currently on a family vacation out of the country from June 3,

19 2018 to June 17, 2018.
20

WHEREAS, LaFavor’s counsel will be on a family vacation from June 13, 2018 to

21 June 26, 2018.
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28 ///
1

Case 2:17-cv-02969-JAD-CWH Document 54 Filed 06/07/18 Page 3 of 4

1

NOW, THEREFORE, the parties stipulate, subject to Court approval, that Plaintiff’s

2 deadline to file his responses to the Motions to Dismiss shall be extended to June 29, 2018 and
3 Defendants’ deadline to file their replies in support of the Motions to Dismiss shall be extended
4 to July 23, 2018.
5

Dated: June 7, 2018

Dated: June 7, 2018

6

COVINGTON & BURLING LLP

MCNAMARA SMITH LLP

7

/s/ Dennis B. Auerbach
Dennis B. Auerbach (Pro Hac Vice)
Benjamin J. Razi (Pro Hac Vice)
One City Center, 850 Tenth Street, NW
Washington, DC 20001

/s/ Edward Chang
Edward Chang (NV 11783)
Logan D. Smith (Pro Hac Vice)
655 West Broadway, Suite 1600
San Diego, CA 92101

Jeff Silvestri (NSBN 5779)
MCDONALD CARANO LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, Nevada 89102

Michael F. Lynch (NV 8555)
LYNCH LAW PRACTICE, PLLC
3613 S. Eastern Ave.
Las Vegas, Nevada 89169

Attorneys for Defendants Selling Source,
LLC; PartnerWeekly L.L.C.; MoneyMutual,
LLC; and DataX, Ltd.

Attorneys for Thomas W. McNamara, in his
capacity as Court-Appointed Monitor

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9
10
11
12
13
14
15

Dated: June 7, 2018

16

COOK & KELESIS, LTD.

17

19

/s/ Marc P. Cook
Marc P. Cook
George P. Kelesis
517 South 9th Street
Las Vegas, Nevada 89101

20

Attorneys for Defendant Derek LaFavor

18

21 IT IS SO ORDERED.
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ORDER

Based upon the parties’ stipulation [54] and good cause appearing, IT IS ORDERED that
the deadline to respond to the motion to dismiss is extended to June 29, 2018.
UNITED STATES DISTRICT JUDGE motion to enlarge page limits [52] is GRANTED.
IT IS FURTHER ORDERED that the
However, the format of the oversized motion [53] does not comply with LR 7-3(c) because
it does
Dated: not include a table of contents and a table of authorities. The manner in which it
was filed does not comply with LR IA 10-3 and IC 2-2(a)(3) because the exhibits are filed
as part of the base document, not attached as separate files with an index. Defendants
have 3 days to submit a corrected image of the motion [54] that complies with the
rules of this court.
_____________________________
U.S. District Judge Jennifer A. Dorsey
June 8, 2018
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