Nakash Showcase II, LLC et al v. Federal Insurance Company

Filing 8

ORDER Granting 7 Stipulation for Extension of Time re 5 Motion to Dismiss (First Request). Responses due by 5/24/2021. Replies due by 6/14/2021. Signed by Judge Kent J. Dawson on 4/27/2021. (Copies have been distributed pursuant to the NEF - MR)

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1 Shan Davis (SBN 9323) DAVIS|STIBOR 2 10845 Griffith Peak Drive Second Floor 3 Las Vegas, NV 89135 Telephone: (702) 718-9940 4 Facsimile: (702) 933-1464 Email: shandavis@davisstibor.com 5 Attorneys for Plaintiffs 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 NAKASH SHOWCASE II, LLC; SG VEGAS 9 OWNER, LLC; and GC VEGAS RETAIL, LLC, 10 Plaintiffs, 11 vs. 12 FEDERAL INSURANCE COMPANY; and ROE COMPANIES I through X, inclusive, 13 Defendants. 14 15 Case No.: 2:21-cv-00540-KJD-DJA STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE PERTAINING TO DEFENDANT’S MOTION TO DISMISS All parties hereby stipulate and request that the Court enter an order extending the briefing 16 schedule as it pertains to DEFENDANTS FEDERAL INSURANCE COMPANY (“Defendant”), 17 Motion to Dismiss (the “Motion”). The parties agree to extend PLAINTIFFS NAKASH 18 SHOWCASE, II, LLC’s; SG VEGAS OWNER, LLC’s; and GC VEGAS RETAIL, LLC’s time to 19 respond to the Motion for thirty (30) days, up to May 24, 2021. The parties further agree to extend 20 Defendant’s time to file a Reply by fourteen (14) days, up to June 14, 2021. Good cause exists for 21 the request, which is stipulated and agreed between the parties as follows: 22 1. On February 10, 2021, Plaintiffs filed their Complaint against Defendant in the 23 Eighth Judicial District Court, Clark County, Nevada, Case Number A-21-829284-B (the “State 24 Court Action”). 25 2. On April 2, 2021, Defendant filed a Petition for Removal with this Court and the 26 Eighth Judicial District Court to remove the State Court Action to this Court claiming diversity of 27 diversity of citizenship as the grounds thereof. (ECF No. 1). 28 3. On April 9, 2021, Defendant filed a motion to dismiss Plaintiffs’ complaint. (ECF 3 4. Plaintiffs’ response to Defendant’s motion to dismiss is due on April 23, 2021. 4 5. Plaintiffs have provided Defendant with information they believe could defeat 1 2 No. 5) 5 diversity of citizenship jurisdiction, which is the basis of this Court’s jurisdiction in this case. The 6 parties are currently discussing and attempting to resolve the issues of whether there is diversity, and 7 whether the case should remain with this Court, or be remanded to State Court. 8 6. While the parties discuss and attempt to resolve the issue of diversity of citizenship in 9 good faith, they hereby agree and stipulate to extend the time for Plaintiffs to file a response for the 10 period of thirty (30) days, to May 24, 2021 and the time for Defendant to file a reply for the period 11 of fourteen (14) days, to June 14, 2021. The parties respectfully request that the court so order. 12 Dated: April 23, 2021. Dated: April 23, 2021. 13 DAVIS|STIBOR FORAN GLENNON PALANDECH PONZI & RUDLOFF 14 15 /s/ Shan Davis 16 Shan Davis (SBN 9323) 10845 Griffith Peak Drive, 2nd Floor 17 Las Vegas, NV 89135 Attorneys for Plaintiffs 18 /s/ Amy M. Samberg Amy M. Samberg (SBN 10212) Lee H. Gorlin (SBN 13879) 2200 Paseo Verde Parkway, Ste 280 Henderson, NV 89052 Attorneys for Defendant 19 20 ORDER 21 22 IT IS SO ORDERED. 23 24 DATED this _____ day of April, 2021. 27th 25 26 27 _______________________________________ UNITED STATES DISTRICT JUDGE 28 2

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