Kirk v. Trulite Glass & Aluminum Solutions, LLC et al
Filing
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ORDER Granting 29 Stipulation to File Amended Complaint. IT IS SO ORDERED that 15 Defendants' pending Motion to Dismiss is hereby deemed to have been withdrawn without prejudice. IT IS SO ORDERED that Defendants will respond to the Amended Complaint on or before 5/2/18. Signed by Magistrate Judge George Foley, Jr on 4/16/2018. (Copies have been distributed pursuant to the NEF - ADR)
Case 2:18-cv-00043-JCM-GWF Document 29 Filed 04/10/18 Page 1 of 3
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JENNY L. FOLEY, Ph.D., ESQ.
Nevada Bar No. 9017
HKM EMPLOYMENT ATTORNEYS LLP
1785 E. Sahara Ave, Suite 325
Las Vegas, NV 89104
Tel: (702) 625-3893
Fax: (702) 625-3893
E-mail: jfoley@hkm.com
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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LEE KIRK, An Individual
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) CASE NO. 2:18-cv-00043-JCM-GWF
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Plaintiff,
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vs.
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TRULITE GLASS AND ALUMINUM
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SOLUTIONS, LLC, a Foreign Limited
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Liability Company, HERBERT CORTEZ, )
an Individual, STEVE WILLIAMS,
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an Individual, SHAUN HANNA, an
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Individual, DOES I -X;
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ROE CORPORATIONS I –X.
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Defendants.
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STIPULATION AND ORDER TO FILE AMENDED COMPLAINT
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COMES NOW, the Plaintiff, LEE KIRK (“Kirk”), by and through his attorney, JENNY
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L. FOLEY, Ph.D., ESQ., of the law firm HKM EMPLOYMENT ATTORNEYS LLP, and
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Defendants, TRULITE GLASS AND ALUMINUM SOLUTIONS, LLC, HERBERT
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CORTEZ, STEVE WILLIAMS, and SHAUN HANNA, (“DEFENDANTS”), by and through
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their attorney, TIMOTHY ROEHRS, ESQ., of LITTLER MENDELSON, P.C. and hereby
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stipulate and agree as follows:
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1.
That the Plaintiff will file the attached Amended Complaint.
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Case 2:18-cv-00043-JCM-GWF Document 29 Filed 04/10/18 Page 2 of 3
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2.
Defendants agree to withdraw by virtue of this stipulation the Motion to Dismiss
they filed on March 6, 2018 without prejudice.
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The Defendants’ response to the Amended Complaint will be due fourteen
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calendar days after the Early Neutral Evaluation in this matter. The Early Neutral Evaluation
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is currently set for April 18, 2018. The Defendants’ response to the Amended Complaint will
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therefore be due on May 2, 2018, if the Early Neutral Evaluation does not result in a resolution
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of this case.
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4.
The parties agree that this stipulation and Defendants’ withdrawal of their
Motion to Dismiss in no way operates as a waiver of Defendants’ right to respond to the
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Amended Complaint in any manner allowed by the Federal Rules of Civil Procedure.
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Dated this __10th
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HKM Employment Attorneys LLP
day of April, 2018.
Dated this __10th
day of April, 2018.
Littler Mendelson, P.C.
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/s/ Jenny L. Foley
Jenny L. Foley, Ph.D., Esq.
Nevada Bar No. 9017
1785 East Sahara Ave., Suite 325
Las Vegas, Nevada 89104
_/s/
Timothy Roehrs
Timothy Roehrs, Esq.
Nevada Bar No. 9668
3960 Howard Hughes Parkway, Suite 300
Las Vegas, Nevada 89169
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Case 2:18-cv-00043-JCM-GWF Document 29 Filed 04/10/18 Page 3 of 3
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ORDER
The Court having reviewed the foregoing STIPULATION TO FILE AMENDED
COMPLAINT in the above-entitled matter and for good cause appearing therefor,
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IT IS SO ORDERED that the Plaintiff will file the attached Amended Complaint.
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IT IS SO ORDERED that Defendants’ pending Motion to Dismiss is hereby deemed to
have been withdrawn without prejudice.
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IT IS SO ORDERED that Defendants will respond to the Amended Complaint on or
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before May 2, 2018, if the Early Neutral Evaluation Session scheduled for April 18, 2018 does
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not result in a resolution to this case.
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IT IS SO ORDERED that Defendants have waived no rights regarding how they may
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respond to the Amended Complaint and Defendants may respond to the Amended Complaint
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in any manner allowed by the Federal Rules of Civil Procedure.
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Dated:
April 16, 2018
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UNITED STATES MAGISTRATE JUDGE
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Respectfully submitted by:
HKM Employment Attorneys LLP
/s/ Jenny L. Foley
Jenny L. Foley, Ph.D., Esq.
Nevada Bar No. 9017
1785 East Sahara Ave, Suite 325
Las Vegas, Nevada 89104
Attorney for Plaintiff
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