Kirk v. Trulite Glass & Aluminum Solutions, LLC et al

Filing 31

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 IT IS SO ORDERED that 15 Defendants' pending Motion to Dismiss is hereby deemed to have been withdrawn without prejudice.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

1
2
3
4
5
6
7

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: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

8
LEE KIRK, An Individual
9
10
11
12
13
14
15
16
17

) CASE NO. 2:18-cv-00043-JCM-GWF
)
Plaintiff,
)
)
vs.
)
)
TRULITE GLASS AND ALUMINUM
)
SOLUTIONS, LLC, a Foreign Limited
)
Liability Company, HERBERT CORTEZ, )
an Individual, STEVE WILLIAMS,
)
an Individual, SHAUN HANNA, an
)
Individual, DOES I -X;
)
ROE CORPORATIONS I –X.
)
)
Defendants.
)
)

18
STIPULATION AND ORDER TO FILE AMENDED COMPLAINT
19
20

COMES NOW, the Plaintiff, LEE KIRK (“Kirk”), by and through his attorney, JENNY

21

L. FOLEY, Ph.D., ESQ., of the law firm HKM EMPLOYMENT ATTORNEYS LLP, and

22

Defendants, TRULITE GLASS AND ALUMINUM SOLUTIONS, LLC, HERBERT

23

CORTEZ, STEVE WILLIAMS, and SHAUN HANNA, (“DEFENDANTS”), by and through

24

their attorney, TIMOTHY ROEHRS, ESQ., of LITTLER MENDELSON, P.C. and hereby

25
stipulate and agree as follows:
26
27

1.

That the Plaintiff will file the attached Amended Complaint.

28
Page 1 of 3

Case 2:18-cv-00043-JCM-GWF Document 29 Filed 04/10/18 Page 2 of 3

1
2
3

2.

Defendants agree to withdraw by virtue of this stipulation the Motion to Dismiss

they filed on March 6, 2018 without prejudice.
3.

The Defendants’ response to the Amended Complaint will be due fourteen

4
calendar days after the Early Neutral Evaluation in this matter. The Early Neutral Evaluation
5
6

is currently set for April 18, 2018. The Defendants’ response to the Amended Complaint will

7

therefore be due on May 2, 2018, if the Early Neutral Evaluation does not result in a resolution

8

of this case.

9
10

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

11
12

Amended Complaint in any manner allowed by the Federal Rules of Civil Procedure.

13
14

Dated this __10th

15

HKM Employment Attorneys LLP

day of April, 2018.

Dated this __10th

day of April, 2018.

Littler Mendelson, P.C.

16
17
18
19

/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

20
21
22
23
24
25
26
27
28
Page 2 of 3

Case 2:18-cv-00043-JCM-GWF Document 29 Filed 04/10/18 Page 3 of 3

1
2
3

ORDER
The Court having reviewed the foregoing STIPULATION TO FILE AMENDED
COMPLAINT in the above-entitled matter and for good cause appearing therefor,

4
IT IS SO ORDERED that the Plaintiff will file the attached Amended Complaint.
5
6
7

IT IS SO ORDERED that Defendants’ pending Motion to Dismiss is hereby deemed to
have been withdrawn without prejudice.

8

IT IS SO ORDERED that Defendants will respond to the Amended Complaint on or

9

before May 2, 2018, if the Early Neutral Evaluation Session scheduled for April 18, 2018 does

10

not result in a resolution to this case.

11
12

IT IS SO ORDERED that Defendants have waived no rights regarding how they may

13

respond to the Amended Complaint and Defendants may respond to the Amended Complaint

14

in any manner allowed by the Federal Rules of Civil Procedure.

15
16

Dated:

April 16, 2018

17
18
19

UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26

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

27
28
Page 3 of 3