Golden Entertainment, Inc. v. Factory Mutual Insurance Company

Filing 132

ORDER. IT IS ORDERED that the 131 Emergency Motion for an Order is DENIED without prejudice. IT IS FURTHER ORDERED that the Court exercises its inherent power and, in the absence of a stay, extends the responsive pleading deadline to February 7, 2025. See order for further details. Signed by Magistrate Judge Elayna J. Youchah on 1/29/2025. (Copies have been distributed pursuant to the NEF - AMMi)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 GOLDEN ENTERTAINMENT, INC., 5 Plaintiff, 6 7 8 9 Case No. 2:21-cv-00969-APG-EJY ORDER v. FACTORY MUTUAL INSURANCE COMPANY, Defendant. 10 Pending before the Court is Defendant’s Emergency Motion seeking an Order that relieves 11 Defendant of the requirement to file a response to Plaintiff’s Third Amended Complaint (“TAC”) 12 until after a motion to strike is decided. ECF No. 131. The Court finds no motion to strike pending 13 on the docket. It is possible the instant Motion is intended as a motion to strike; however, it is not 14 labeled as such and would not be treated as such by the Court as it is presently filed. The Court 15 further finds Defendant seeks a stay of the due date for the responsive pleading, which Defendant— 16 in sum—states is supported by Plaintiff’s failure to comply with the Court’s Order permitting the 17 filing of the TAC. 18 In the end, the Court cannot grant the stay requested on the available record. Accordingly, 19 IT IS HEREBY ORDERED that the Emergency Motion for an Order (ECF No. 131) is DENIED 20 without prejudice. 21 22 IT IS FURTHER ORDERED that the Court exercises its inherent power and, in the absence of a stay, extends the responsive pleading deadline to February 7, 2025. 23 IT IS FURTHER ORDERED that the parties must meet and confer regarding whether they 24 can agree on a stay of a responsive pleading until such time as the proposed motion to strike is 25 26 27 28 1 1 decided by the Court. Any motion to stay the deadline for the responsive pleading must include a 2 discussion of robust meet and confer efforts. 3 Dated this 29th day of January, 2025. 4 5 6 ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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