Gorman v. Rheem Manufacturing Company et al

Filing 25

ORDER granting 23 Stipulation to Extend Opposition Deadline Re: 15 Motion to Dismiss. Responses due by 11/30/2020. Signed by Judge Richard F. Boulware, II on 11/17/2020. (Copies have been distributed pursuant to the NEF - HAM)

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Case 2:20-cv-01938-RFB-DJA Document 25 Filed 11/17/20 Page 1 of 3 1 RAHUL RAVIPUDI, ESQ. Nevada Bar No. 2 IAN P. SAMSON, ESQ. Nevada Bar No. 15089 3 ADAM R. ELLIS, ESQ. Nevada Bar No. 14514 4 PANISH SHEA & BOYLE LLP 11111 Santa Monica Boulevard, Suite 700 5 Los Angeles, California 90025 Telephone: 310.477.1700 6 Facsimile: 310.477.1699 7 Attorneys for NICHOLAS GORMAN 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA, SOUTHERN DIVISION NICHOLAS GORMAN, an individual and 11 citizen of Nevada, 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 Case No. 2:20-cv-01938-RFB-DJA 12 STIPULATION TO EXTEND OPPOSITION DEADLINE FOR MOTION TO DISMISS AND [PROPOSED ORDER] 13 Plaintiff, v. 14 RHEEM MANUFACTURING COMPANY, a Delaware corporation; RHEEM SALES 15 COMPANY, INC., a Delaware corporation; MIDWEST CAN COMPANY, LLC, a 16 Delaware limited liability company; SMITH'S FOOD & DRUG CENTERS, INC., an Ohio 17 corporation; VEGAS INVESTMENT PROPERTIES REALTY GROUP, LL, a 18 Nevada limited liability company; GLENN PLANTONE, an individual and citizen of 19 Nevada; NEVADA SANDCASTLES, LLC, a Nevada limited liability company; DOES 1 20 through 60, inclusive; and ROE COMPANIES 1 through 60, inclusive, 21 Defendants. 22 23 Plaintiff Nicholas Gorman and Defendants Nevada Sandcastles LLC, Vegas Investment 24 Properties Realty Group LLC, and Glenn Plantone (“Landlord Defendants”), by and through their 25 undersigned counsel, hereby stipulate as follows: 26 1. Plaintiff filed his Complaint in the Eighth Judicial District Court on September 24, 2020; 27 2. On October 20, 2020, Defendant Rheem Manufacturing Company removed this action to 28 this court on the grounds the Landlord Defendants were not proper defendants; Case No. 2:20-cv-01938-RFB-DJA Case 2:20-cv-01938-RFB-DJA Document 25 Filed 11/17/20 Page 2 of 3 1 2 3 4 5 6 7 8 9 11 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 3. On October 30, 2020, the Landlord Defendants moved to dismiss the causes of action in Plaintiff’s complaint against the Landlord Defendants; 4. Plaintiff’s opposition to the Landlord Defendants’ motion to dismiss is due November 13, 2020; 5. Plaintiff and the Landlord Defendants have entered into a preliminary settlement for claims arising from the incident underlying Plaintiff’s complaint; 6. As a result of the preliminary settlement, there does not appear to be any need for the Court to hear the Landlord Defendants’ motion to dismiss; 7. The Landlord Defendants anticipate moving for a good faith settlement determination once the settlement is completed; and 8. In light of the preliminary settlement, Plaintiff and the Landlord Defendants have agreed to 12 extend the deadline for Plaintiff’s opposition to the Landlord Defendants’ motion to 13 dismiss from November 13, 2020 to November 30, 2020 to provide time for completion of 14 the preliminary settlement. 15 Based on the foregoing, with good cause appearing, Plaintiff and the Landlord Defendants 16 stipulate as follows: 17 1. The deadline for Plaintiff’s opposition to the Landlord Defendants’ motion to dismiss is 18 continued from November 13, 2020 to November 30, 2020. 19 IT IS SO STIPULATED. 20 DATED this ______ day of November, 2020. DATED this ______ day of November, 2020. 21 PANISH SHEA & BOYLE, LLP HALL JAFFE & CLAYTON, LLP By: __/s/Adam Ellis_______________ RAHUL RAVIPUDI, ESQ. Nevada Bar No. 14750 IAN P. SAMSON, ESQ. Nevada Bar No. 15089 ADAM ELLIS, ESQ. Nevada Bar No. 14514 8816 Spanish Ridge Avenue Las Vegas, NV 89148 Attorneys for Plaintiff By: _/s/Taylor Anderson___________ STEVEN T. JAFFE, ESQ. Nevada Bar No. 7035 TAYLOR ANDERSON, ESQ. Nevada Bar No. 15136 7425 Peak Drive Las Vegas, Nevada 89128 22 23 24 25 26 27 28 Attorneys for Defendants Nevada Sandcastles LLC, Vegas Investment Properties Realty Group LLC, and Glenn Plantone Gorman v. Rheem Manufacturing Company, et al. 2 Case No. 2:20-cv-01938-RFB-DJA Case 2:20-cv-01938-RFB-DJA Document 25 Filed 11/17/20 Page 3 of 3 1 Case No. 2:20-cv-01938-RFB-DJA 2 3 ORDER The Court, having considered the stipulation between Plaintiff and the Landlord Defendants, 4 and with good cause appearing, hereby orders as follows: 5 1. The deadline for Plaintiff’s opposition to the Landlord Defendants’ motion to dismiss is 6 continued from November 13, 2020 to November 30, 2020. 7 IT IS SO ORDERED. IT IS SO ORDERED: 8 __________________________ ______________________________ RICHARD F. BOULWARE, II United States District Judge United States District Judge 9 DATED this 17th day of November, 2020. 11 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case No. 2:20-cv-01938-RFB-DJA

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