Aladdin's Eatery Systems, Inc. v. PHWLV, LLC, et al

Filing 42

ORDER granting 41 Stipulation; Re: 40 Motion to Dismiss, Responses due by 7/24/2019. Signed by Judge Andrew P. Gordon on 6/20/2019. (Copies have been distributed pursuant to the NEF - JM)

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EDWARD T. SAADI, Esq.
Ohio Bar No. 0075775
EDWARD T. SAADI, LLC
970 Windham Ct., Ste. 7
Boardman, OH 44512
Telephone: [phone]
Facsimile: 330.266.7489
[e-mail]
(Attorney has complied with LR IA 11-2)
JEFFREY A. COGAN, Esq.
Nevada Bar No. 004569
JEFFREY A. COGAN, ESQ., LTD.
4760 South Pecos Road, Suite 200
Las Vegas, NV 89121
Telephone: [phone]
Facsimile: 702.474.4228
[e-mail]

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Attorneys for Plaintiff Aladdin’s Eatery Systems, Inc.

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IN THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ALADDIN’S EATERY SYSTEMS, INC., an )
Ohio corporation,
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Plaintiff,
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v.
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PHWLV, LLC, a Nevada limited liability
company; and OPBIZ, LLC, a Nevada limited )
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liability company,
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Defendants.
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CASE NO: 2:18-CV-00412 APG-GWF
Judge Andrew P. Gordon
Magistrate George Foley, Jr.
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINE FOR
PLAINTIFF TO FILE AN OPPOSITION
TO DEFENDANT PHWLV, LLC’S
MOTION TO DISMISS PLAINTIFF’S
AMENDED COMPLAINT PURSUANT
TO FED. R. CIV. P. 12(b)(1) AND 12 (b)(6)
(Doc. #40)
(First Request)

Pursuant to Local Rules IA 6-1, IA 6-2, and IA 7-1, Plaintiff Aladdin’s Eatery Systems,
Inc. (“Plaintiff”) and Defendant PHWLV, LLC (“PHWLV”), by and through their respective
counsel, hereby stipulate and agree to extend the deadline for Plaintiff to file an opposition to

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PHWLV’s Motion to Dismiss Plaintiff’s Amended Complaint Pursuant to Fed. R. Civ. P.
12(b)(1) and 12(b)(6) filed June 10, 2019 (Doc. #40) (“Motion to Dismiss”) until July 24, 2019,

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and request that the Court enter an Order approving the same.
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On April 12, 2019, Plaintiff timely filed its Amended Complaint (Doc. #31).
On April 24, 2019, the Court entered an Order on the parties’ stipulation granting
PHWLV an extension of time to respond to the Amended Complaint (Doc. #35).
On June 10, 2019, PHWLV filed its Motion to Dismiss Plaintiff’s Amended Complaint
Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) (Doc. #40).

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Plaintiff requests an extension until July 24, 2019 to further analyze the Motion to

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Dismiss, prepare an appropriate response, and to enable the parties to pursue further discussions

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regarding potential settlement. This is Plaintiff’s first request for an extension of its deadline to

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file an opposition to Motion to Dismiss. PHWLV has agreed to the requested extension as a

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matter of professional courtesy.

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This Stipulation is entered into in good faith and is not intended to delay these
proceedings. The parties will not be prejudiced by this Stipulation and the parties are in
agreement with respect to Plaintiff’s requested extension.

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[THIS SPACE INTENTIONALLY LEFT BLANK]

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Based on the foregoing, good cause exists to grant Plaintiff’s request and the parties

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respectfully request that the Court enter an order extending the deadline for Plaintiff to file an

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opposition to the Motion to Dismiss until July 24, 2019.

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Dated: June 19, 2019

Dated: June 19, 2019

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By: /s/ Jeffrey P. Dunning
_ Christopher R. Miltenberger, Esq.
Nevada Bar No. 10153
GREENBERG TRAURIG, LLP
10845 Griffith Peak Drive
Suite 600
Las Vegas, NV 89135

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By: /s/ Edward T. Saadi
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Edward T. Saadi, Esq.
(Attorney has complied with LR IA 11-2)
EDWARD T. SAADI, LLC
970 Windham Court, Suite 7
Boardman, OH 44512
Jeffrey A. Cogan, Esq.
Nevada Bar No. 4569
JEFFREY A. COGAN, ESQ., LTD.
4760 South Pecos Road, Suite 200
Las Vegas, NV 89121

Jeffrey P. Dunning, Esq.
(Attorney has complied with LR IA 11-2)
GREENBERG TRAURIG, LLP
77 West Wacker Drive, Suite 3100
Chicago, IL 60601

Attorneys for Plaintiff Aladdin’s Eatery
Systems, Inc.

Attorneys for Defendant PHWLV, LLC

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IT IS SO ORDERED:

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______________________________________
UNITED STATES DISTRICT JUDGE
UNITED STATES
Dated: June 20, 2019.
MAGISTRATE/DISTRICT JUDGE

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DATED: ____________________

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