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

Filing 63

ORDER granting 62 Stipulation to respond to Amended Complaint. Signed by Magistrate Judge Brenda Weksler on 9/16/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:18-cv-00412-APG-BNW Document 62 Filed 09/10/20 Page 1 of 3

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Christopher R. Miltenberger
Nevada Bar No. 10153
GREENBERG TRAURIG, LLP
10845 Griffith Peak Drive, Suite 600
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Jeffrey P. Dunning
Pro Hac Vice
GREENBERG TRAURIG, LLP
77 West Wacker Drive, Suite 3100
Chicago, IL 60601
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Defendant PHWLV, LLC

10845 Griffith Peak Drive, Suite 600
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]

GREENBERG TRAURIG, LLP

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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, Nevada
limited liability company,

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Defendants.

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Case No. 2:18-cv-00412 APG-GWF
STIPULATION AND [PROPOSED]
ORDER TO STAY DEADLINE FOR
DEFENDANT PHWLV, LLC TO
RESPOND TO AMENDED
COMPLAINT FOR DECLARATORY
JUDGMENT [ECF 31]
(Fifth Request)

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Pursuant to LR IA 6-1, LR IA 6-2, and LR 7-1, Defendant PHWLV, LLC (“PHWLV”)

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and Plaintiff Aladdin’s Eatery Systems, Inc. (“Plaintiff”), by and through their respective

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counsel, hereby stipulate and agree to stay the deadline for Defendant PHWLV to plead or

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otherwise respond to Plaintiff’s Amended Complaint for Declaratory Judgment (Doc. #31)

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(“Amended Complaint”) until further order from the Court, and request that the Court enter an

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Case 2:18-cv-00412-APG-BNW Document 62 Filed 09/10/20 Page 2 of 3

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Order approving the same. This is the parties’ fifth request for an extension of the deadline to

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respond to the Amended Complaint since the entry of the Court’s Order on PHWLV’s Motion to

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Dismiss Amended Complaint on April 20, 2020 (Doc. #48).

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On March 22, 2019, the Court entered an Order (Doc. #30) granting PHWLV’s Motion to

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Dismiss Plaintiff’s Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) (Doc. #21), and

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providing Plaintiff until April 12, 2019 to file an Amended Complaint.

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On April 12, 2019, Plaintiff timely filed its Amended Complaint (Doc. #31).

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On June 10, 2019, PHWLV filed a Motion to Dismiss the Amended Complaint (Doc.

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#40), which motion was thereafter fully briefed by the parties.

Dismiss Amended Complaint. On April 29, 2020, the Court entered an Order (Doc. #52)

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10845 Griffith Peak Drive, Suite 600
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]

On April 20, 2020, the Court entered an Order (Doc. #48) denying PHWLV’s Motion to

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GREENBERG TRAURIG, LLP

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approving the parties’ stipulation to extend the time for PHWLV to respond to Plaintiff’s

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Amended Complaint to June 4, 2020, in light of ongoing settlement discussions. On June 8,

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2020, the Court entered an Order (Doc. #54) approving the parties’ stipulation to extend the time

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for PHWLV to respond to Plaintiff’s Amended Complaint to July 6, 2020, again in light of

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ongoing settlement discussions.

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approving the parties’ stipulation to extend the time for PHWLV to respond to Plaintiff’s

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Amended Complaint to August 5, 2020, again in light of ongoing settlement discussions. On

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August 7, 2020, the Court entered an Order (Doc. #58) approving the parties’ stipulation to

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extend the time for PHWLV to respond to Plaintiff’s Amended Complaint to September 4, 2020,

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in light of the parties’ agreement on terms of settlement.

On July 7, 2020, the Court entered an Order (Doc. #56)

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Plaintiff and PHWLV have reached a settlement to resolve their dispute and have

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executed definitive settlement documents. Pursuant to their settlement, Plaintiff has agreed to

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dismiss its claims against PHWLV with prejudice after the Court issues an order granting

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Plaintiff’s pending Renewed Motion for Default Judgment against Defendant OpBiz, LLC (Doc.

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#61). Accordingly, the parties stipulate and agree that PHWLV should not have to respond to

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Plaintiff’s Amended Complaint while that motion remains pending.

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Case 2:18-cv-00412-APG-BNW Document 62 Filed 09/10/20 Page 3 of 3

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This is PHWLV’s fifth request for an extension of its deadline to respond to the

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Amended Complaint since the entry of an Order denying PHWLV’s Motion to Dismiss

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Amended Complaint. Plaintiff stipulates and agrees that a stay of PHWLV’s deadline to respond

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to the Amended Complaint is warranted and consistent with the terms agreed to by the parties in

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their settlement. This Stipulation is entered into in good faith and is not intended to delay these

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proceedings. The parties will not be prejudiced by this Stipulation and the parties are in

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agreement with respect to PHWLV’s requested extension.

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

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respectfully request that the Court enter an order staying the deadline for PHWLV to plead or

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otherwise respond to the Amended Complaint until further order of the Court.

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Dated: September 10th , 2020

Dated: September 10th , 2020

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

By: /s/ Edward T. Saadi
_ Edward T. Saadi, Esq.
Pro Hac Vice
EDWARD T. SAADI, LLC
970 Windham Court, Suite 7
Boardman, OH 44512

10845 Griffith Peak Drive, Suite 600
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]

GREENBERG TRAURIG, LLP

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Jeffrey P. Dunning
Pro Hac Vice
GREENBERG TRAURIG, LLP
77 West Wacker Drive, Suite 3100
Chicago, IL 60601

Jeffrey A. Cogan
Nevada Bar No. 4569
JEFFREY A. COGAN, ESQ., LTD.
4760 South Pecos Road, Suite 100
Las Vegas, Nevada 89121

Attorneys for Defendant PHWLV,
LLC

Attorneys for Plaintiff Aladdin’s Eatery
Systems, Inc.

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IT IS SO ORDERED:

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______________________________________
UNITED STATES
MAGISTRATE/DISTRICT JUDGE

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September 16, 2020
DATED: ____________________

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