Delara v. Diamond Resorts International Marketing, Inc.

Filing 145

ORDER granting #144 Stipulation to Extend time Re: #141 Motion for Summary Judgment; Responses due by 4/16/2021. Replies due by 5/7/2021. Signed by Judge Andrew P. Gordon on 4/1/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:19-cv-00022-APG-NJK Document 145 Filed 04/01/21 Page 1 of 4

1 MICHAEL N. FEDER
Nevada Bar No. 7332
2 DICKINSON WRIGHT PLLC
3 3883 Howard Hughes Parkway, Suite 800
Las Vegas, NV 89169
4 Telephone: [phone]
Facsimile:
844-670-6009
5 Email:
[e-mail]
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MARTIN D. HOLMES (Pro Hac Vice)
Tennessee Bar No. 012122
PETER F. KLETT (Pro Hac Vice)
Tennessee Bar No. 012688
AUTUMN L. GENTRY
Tennessee Bar No. 020766
DICKINSON WRIGHT PLLC
Fifth Third Center, Suite 800
424 Church Street
Nashville, TN 37219
Telephone: [phone]
Facsimile:
844-670-6009
Email:
[e-mail]
[e-mail]
[e-mail]

TREVOR W. HOWELL (Pro Hac Vice)
Tennessee Bar No. 009496
HOWELL LAW, PLLC
P.O. Box 158511
Nashville, TN 37215
Telephone: [phone]
Email: [e-mail]

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Attorneys for Plaintiff and
16 Collective Class Members
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ALBERTO DELARA, on behalf of himself and
others similarly situated,

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STIPULATION AND ORDER
EXTENDING THE DEADLINE
FOR PLAINTIFF TO FILE HIS
OPPOSITION TO DEFENDANT’S
MOTION FOR SUMMARY
JUDGMENT AND THE
DEADLINE FOR DEFENDANT
TO FILE ITS REPLY

Plaintiff,

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Case No. 2:19-cv-00022-APG-NJK

v.
DIAMOND RESORTS INTERNATIONAL
MARKETING, INC.,
Defendant.

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(FIRST REQUEST)

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Case 2:19-cv-00022-APG-NJK Document 145 Filed 04/01/21 Page 2 of 4

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Plaintiff Alberto Delara, on behalf of himself and others similarly situated, and Defendant

2 Diamond Resorts International Marketing, Inc. (Plaintiff and Defendant are collectively referred
3 to as “the Parties”), by and through their respective counsel, hereby submit this Stipulation and
4 Order extending the deadline for Plaintiff to file his opposition to Defendant’s Motion for
5 Summary Judgment by seven days and extending Defendant’s deadline to file its reply by a mutual,
6 corresponding, seven days. Defendant filed its Motion for Summary Judgment on March 19, 2021.
7 (ECF No. 141.) Plaintiff’s opposition is due by April 9, 2021. This is the Parties’ first request to
8 extend the deadlines for Plaintiff to file his opposition to Defendant’s Motion for Summary
9 Judgment and for Defendant to file its reply to Plaintiff’s opposition to Defendant’s Motion for
10 Summary Judgment.
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The Parties HEREBY STIPULATE AND AGREE as to the following:

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1.

On March 19, 2021, Defendant filed its Motion for Summary Judgment (ECF No.

13 141) and Plaintiff’s opposition is due on or before April 9, 2021.
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2.

Plaintiff’s lead counsel, Martin Holmes, is traveling out of state from his home on

15 April 5, 2021, to undergo medical testing that week and a surgical procedure under general
16 anesthesia on April 9, 2021, the due date of Plaintiff’s Opposition. Mr. Holmes is scheduled to
17 return to home on April 12, 2021.
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3.

During the time period between April 5, 2021 and April 12, 2021, Mr. Holmes will

19 have limited access to emails and other communication with co-counsel and staff, and will not be
20 in the office during the week of April 5 – 9, 2021, to oversee the completion and filing of Plaintiff’s
21 opposition to Defendant’s Motion for Summary Judgment.
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4.

Plaintiff’s counsel has conferred with Defendant’s counsel.

In light of the

23 circumstances, the Parties submit that good cause exists for a mutual, seven-day, expansion of the
24 briefing schedule and extension of the filing deadlines. Specifically, Plaintiff would have four
25 weeks instead of three weeks to submit his opposition, which extends his deadline from April 9,
26 2021, to April 16, 2021. Likewise, Defendant would have three weeks instead of two weeks to
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Case 2:19-cv-00022-APG-NJK Document 145 Filed 04/01/21 Page 3 of 4

1 submit its reply, which extends its deadline from April 30, 2021 to May 7, 2021.1 The requested
2 extensions should not cause any material delay in these proceedings.
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5.

Based on the foregoing, the Parties stipulate that Plaintiff’s opposition to

4 Defendant’s Motion for Summary Judgments shall be filed on or before April 16, 2021 and
5 Defendant’s reply to Plaintiff’s opposition to Defendant’s Motion for Summary Judgment shall be
6 filed on or before May 7, 2021.
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8 IT IS SO STIPULATED this 31st day of March, 2021.
9 DICKINSON WRIGHT PLLC
10 /s/ Martin D. Holmes
MICHAEL N. FEDER
11 Nevada Bar No. 7332
3883 Howard Hughes Parkway
12 Suite 800
Las Vegas, NV 89169
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MARTIN D. HOLMES

15 (Admitted Pro Hac Vice)

Tennessee Bar No. 012122
PETER F. KLETT
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(Admitted Pro Hac Vice)

17 Tennessee Bar No. 012688
Fifth Third Center, Suite 800
424 Church Street
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Nashville, TN 37219
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TREVOR W. HOWELL
(Admitted Pro Hac Vice)
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Howell Law, PLLC
P.O. Box 158511
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Nashville, TN 37215
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Attorneys for Plaintiff and
Collective Class Members
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LEWIS ROCA ROTHGERBER CHRISTIE LLP
/s/ Ferry Eden Lopez
HOWARD E. COLE
Nevada Bar No. 4950
JENNIFER K. HOSTETLER
Nevada Bar No. 11994
BRIAN D. BLAKELY
Nevada Bar No. 13074
3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996
KIRSTIN E. MULLER
(Admitted Pro Hac Vice)

California Bar No. 186373
ALISON M. HAMER
(Admitted Pro Hac Vice)

California Bar No. 258281
BENJAMIN J. TREGER

(Admitted Pro Hac Vice)

California Bar No. 285283
FERRY EDEN LOPEZ
(Admitted Pro Hac Vice)
California Bar No. 27480
Hirschfeld Kramer LLP
233 Wilshire Boulevard, Suite 600
Santa Monica, California 90401

Attorneys for Defendant

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Based on the Parties’ stipulations, and for good cause shown, it is hereby ORDERED that

26 the Plaintiff’s opposition to Defendant’s Motion for Summary Judgment shall be filed on or before
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Pursuant to Local Rule 7-2(b), Defendant’s reply is due 14 days after service of Plaintiff’s response.

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Case 2:19-cv-00022-APG-NJK Document 145 Filed 04/01/21 Page 4 of 4

1 April 16, 2021 and Defendant’s reply to Plaintiff’s opposition to Defendant’s Motion for Summary
2 Judgment shall be filed on or before May 7, 2021.
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IT IS SO ORDERED:

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______________________________
ANDREW P. GORDON
United States District Judge

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April 1, 2021
DATED: ______________________

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CERTIFICATE OF SERVICE

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I hereby certify that on March 31, 2021, I caused a true and accurate copy of the foregoing

12 STIPULATION AND ORDER EXTENDING THE DEADLINE FOR PLAINTIFF TO FILE HIS
13 OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND THE
14 DEADLINE FOR DEFENDANT TO FILE ITS REPLY to be filed with the Clerk of the Court via
15 the Court’s CM/ECF system, which sent an electronic copy of same to the following counsel of
16 record:
17 HOWARD E. COLE
18 JENNIFER K. HOSTETLER
BRIAN D. BLAKELY
19 LEWIS ROCA ROTHGERBER CHRISTIE LLP
3993 Howard Hughes Pkwy, Suite 600
20 Las Vegas, NV 89169-5996
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ALISON MEGAN HAMER (Admitted Pro Hac Vice)
22 BENJAMIN JOSEPH TREGER (Admitted Pro Hac Vice)
KIRSTIN ELISABETH MULLER (Admitted Pro Hac Vice)
23 FERRY EDEN LOPEZ (Admitted Pro Hac Vice)
HIRSCHFELD KRAMER LLP
24 233 Wilshire Boulevard, Suite 600
Santa Monica, California 90401
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26 Attorneys for Defendant

/s/ Martin D. Holmes
Martin D. Holmes

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4838-7932-6435 v1 [86972-1]

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