Golden Entertainment, Inc. v. Factory Mutual Insurance Company

Filing 89

ORDER Granting 88 Stipulation for Extension of Time. Golden's motion seeking leave to file a second amended complaint in this matter shall be filed on or before November 20, 2023. The current deadline for FMIC to file its renew ed motion to dismiss is vacated. FMIC shall file its renewed motion to dismiss within 45 days of the Court's order granting or denying Golden's motion for leave to file a second amended complaint. Motions due by 11/20/2023. Signed by Magistrate Judge Elayna J. Youchah on 11/14/2023. (Copies have been distributed pursuant to the NEF - RGDG)

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FRANK M. FLANSBURG III, ESQ., NV Bar No. 6974
[e-mail]
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
Telephone: [phone]
Facsimile: 702.382.8135

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BROOK B. ROBERTS, ESQ. (pro hac vice)
[e-mail]
LATHAM & WATKINS LLP
12670 High Bluff Drive
San Diego, California 92130
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Golden Entertainment, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GOLDEN ENTERTAINMENT, INC.,

Case No.: 2:21-cv-00969-CDS-EJY

Plaintiff,
vs.

JOINT STIPULATION TO CONTINUE THE
FILING DATE FOR FACTORY MUTUAL
INSURANCE COMPANY’S MOTION TO
DISMISS IN LIGHT OF PLAINTIFF
GOLDEN ENTERTAINMENT, INC.’S
INTENTION TO SEEK LEAVE TO FILE A
SECOND AMENDED COMPLAINT

FACTORY MUTUAL INSURANCE
COMPANY,
Defendant.

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STIPULATION TO CONTINUE MOTION FILING DATE
CASE NO. 2:21-cv-00969-CDS-EJY

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Plaintiff Golden Entertainment, Inc. (“Golden”) has advised defendant Factory Mutual

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Insurance Company (“FMIC”), that Golden intends to seek leave to file a second amended

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complaint. As such, the parties, by and through their respective counsel of record, hereby stipulate

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as follows:

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WHEREAS, the current deadline for FMIC to file its renewed motion to dismiss is
November 20, 2023 (ECF Nos. 83, 84 and 85);
WHEREAS, Golden intends to file a motion on or before November 20, 2023 seeking leave
to file a second amended complaint in this matter;
WHEREAS, FMIC (having not yet seen the proposed amended complaint) intends to
oppose Golden’s motion for leave to file a second amended complaint;

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WHEREAS, Golden and FMIC agree that it would be in the interests of the parties and this

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Court to have the issue of Golden’s proposed amendment resolved before FMIC is required to file

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its motion to dismiss a complaint that may or may not become inactive in the near future; and

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WHEREAS, this is the first stipulation for extension of time to file motions since the stay

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was lifted in this matter and Joint Proposed Discovery Plan and Scheduling Order was adopted

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(ECF No. 85);

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties that:

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1. Golden’s motion seeking leave to file a second amended complaint in this matter shall

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be filed on or before November 20, 2023;

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2. The current deadline for FMIC to file its renewed motion to dismiss is vacated; and

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3. FMIC shall file its renewed motion to dismiss within 45 days of the Court’s order

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granting or denying Golden’s motion for leave to file a second amended complaint.

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STIPULATION TO CONTINUE MOTION FILING DATE
CASE NO. 2:21-cv-00969-CDS-EJY

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Dated: November 13, 2023

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LATHAM & WATKINS LLP

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By: /s/ Brook B. Roberts
BROOK B. ROBERTS, ESQ.*
COREY D. MCGEHEE, ESQ.*
12670 High Bluff Drive
San Diego, California 92130

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CHRISTINE G. ROLPH, ESQ.*
555 Eleventh Street, NW, Suite 1000
Washington, D.C. 20004-1304

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*admitted pro hac vice

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Dated: November 10, 2023

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WEINBERG,WHEELER, HUDGINS,
GUNN & DIAL, LLC

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FRANK M. FLANSBURG III, ESQ.
Nevada Bar No. 6974
100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614

Attorneys for Plaintiff
Golden Entertainment, Inc.

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BROWNSTEIN HYATT FARBER
SCHRECK, LLP

JONES TURNER LLP
STEVEN D. TURNER, ESQ.*
MARIYETTA A. MEYERS-LOPEZ*
2 Venture, Suite 220
Irvine, California 92618

By:
/s/ Ryan T. Gormley
RYAN T. GORMLEY, ESQ.
Nevada Bar No. 13494
6385 South Rainbow Blvd., Suite 400
Las Vegas, Nevada 89118

*admitted pro hac vice
Attorneys for Defendant
Factory Mutual Insurance Company

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IT IS SO ORDERED.

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__________________________________
HON. ELAYNA J. YOUCHAH
U.S. MAGISTRATE JUDGE
Dated: November 14, 2023

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STIPULATION TO CONTINUE MOTION FILING DATE
CASE NO. 2:21-cv-00969-CDS-EJY