Garibay v. Wyndham Vacation Ownership Inc.

Filing 12

ORDER granting #11 Stipulation; Wyndham Vacation Ownership Inc. answer due 5/12/2021. Signed by Magistrate Judge Nancy J. Koppe on 4/26/2021. (Copies have been distributed pursuant to the NEF - DRS)

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Case 2:21-cv-00439-JAD-NJK Document 11 Filed 04/26/21 Page 1 of 2 1 2 3 4 5 6 7 Kirsten A. Milton Nevada State Bar No. 14401 Daniel I. Aquino Nevada State Bar No. 12682 JACKSON LEWIS P.C. 300 S. Fourth Street, Suite 900 Las Vegas, Nevada 89101 Tel: (702) 921-2460 Email: kirsten.milton@jacksonlewis.com daniel.aquino@jacksonlewis.com Attorneys for Defendant Wyndham Vacation Ownership, Inc. 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 ROBERT GARIBAY, on behalf of himself and all others similarly situated, Case No. 2:21-cv-00439-JAD-NJK Plaintiff, 13 14 vs. 15 WYNDHAM VACATION OWNERSHIP INC.; and DOES I through 50, inclusive, 16 STIPULATION AND ORDER TO EXTEND DEADLINE FOR DEFENDANT TO FILE A RESPONSE TO PLAINTIFF’S COMPLAINT Defendants. 17 (THIRD REQUEST) 18 Defendant Wyndham Vacation Ownership, Inc. (incorrectly identified as “Wyndham 19 Vacation Ownership Inc.”) by and through its counsel, Jackson Lewis P.C., and Plaintiff Robert 20 Garibay (“Plaintiff”) by and through his counsel, Thierman Buck LLP and Gabroy Law Offices, 21 hereby stipulate and agree to extend the time for Defendant to file an answer or otherwise respond 22 to Plaintiff’s Complaint. Defendant was served on February 25, 2021 with a copy of the 23 Complaint filed in State Court, and filed a Notice of Removal on March 17, 2021. ECF No. 1. 24 Defendant’s response to Plaintiff’s Complaint was originally due on March 24, 2021. On March 25 23, 2021, the Court granted the parties’ request for an extension of time for Defendant to file a 26 response to the Complaint to allow defense counsel sufficient time to investigate the allegations 27 of the Complaint. ECF No. 5. On April 13, 2021, the Court granted the parties’ further request 28 for an extension of time for Defendant to file a response to the Complaint to allow defense Jackson Lewis P.C. Las Vegas Case 2:21-cv-00439-JAD-NJK Document 11 Filed 04/26/21 Page 2 of 2 1 counsel sufficient time to investigate the allegations of the Complaint. ECF No. 10. The parties 2 have agreed to a final extension of time allow Defendant to complete its initial investigation of 3 the allegations set forth in the Complaint. 4 5 6 7 8 9 10 11 12 13 Defendant shall, therefore, have a fourteen (14) day extension up to and including May 12, 2021, to file a responsive pleading to Plaintiff’s Complaint. This stipulation and order is sought in good faith and not for the purpose of delay. This is the third request for extension of this deadline. Dated this 26th day of April, 2021. JACKSON LEWIS P.C. THIERMAN BUCK LLP /s/ Daniel I. Aquino Kirsten A. Milton, Bar #14401 Daniel I. Aquino, Bar #12682 300 S. Fourth Street, Suite 900 Las Vegas, Nevada 89101 /s/ Joshua D. Buck Mark R. Thierman, Bar #8285 Joshua D. Buck, Bar #12187 Leah L. Jones, Bar #13161 Joshua R. Hendrickson, Bar #12225 7287 Lakeside Drive Reno, Nevada 89511 Attorneys for Defendant 14 17 Christian Gabroy, Bar #8805 Kaine Messer, Bar #14240 GABROY LAW OFFICES 170 South Green Valley Parkway, Suite 280 Henderson, Nevada 89012 18 Attorneys for Plaintiff 15 16 19 20 21 IT IS SO ORDERED. 22 23 U.S. District Court Judge/MagistrateJUDGE UNITED STATES MAGISTRATE Judge April 26, 2021 Dated: 24 25 26 27 4848-9338-4934, v. 1 28 Jackson Lewis P.C. Las Vegas 2

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