Le Petomane XXVII, Inc., not individually, but solely in its representative capacity as trustee of the Nevada Environmental Response Trust v. American Pacific Corporation

Filing 17

ORDER Granting 16 Stipulation for Extension of Time. American Pacific Corporation answer due 7/29/2021. Signed by Magistrate Judge Nancy J. Koppe on 7/14/2021. (Copies have been distributed pursuant to the NEF - JQC)

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Case 2:21-cv-01166-APG-NJK Document 16 Filed 07/13/21 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 MICHAEL C. HETEY, ESQ. Nevada Bar No. 5668 HAROLD J. ROSENTHAL, ESQ. Nevada Bar No. 10208 THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER 1100 East Bridger Avenue Las Vegas, NV 89101-5315 Mail To: P.O. Box 2070 Las Vegas, NV 89125-2070 Tel.: (702) 366-0622 Fax: (702) 366-0327 mch@thorndal.com hjr@thorndal.com Attorneys for Defendant, AMERICAN PACIFIC CORPORATION UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 14 LE PETOMANE XXVII, INC., an Illinois corporation, not individually, but solely in its representative capacity as trustee of the Nevada Environmental Response Trust, 15 Case No. 2:21-cv-01166-APG-NJK STIPULATION AND ORDER FOR EXTENSION OF TIME FOR DEFENDANT AMERICAN PACIFIC CORPORATION TO RESPOND TO PLAINTIFF’S COMPLAINT (FIRST REQUEST) Plaintiff, 16 vs. 17 AMERICAN PACIFIC CORPORATION, a Nevada corporation, 18 19 20 21 Defendant. STIPULATION AND ORDER FOR EXTENSION OF TIME FOR DEFENDANT AMERICAN PACIFIC CORPORATION TO RESPOND TO PLAINTIFF’S COMPLAINT (FIRST REQUEST) 22 23 This is the First Request to extend the time for Defendant to respond to Plaintiff’s 24 Complaint. Defendant, American Pacific Corporation (“Defendant”), by and through its counsel, 25 Thorndal Armstrong Delk Balkenbush & Eisinger, and Plaintiff, Le Petomane XXVII, Inc. solely 26 in its representative capacity as trustee of the Nevada Environmental Response Trust 27 (“Plaintiff”), by and through its counsel, Fennemore Craig, P.C. and Foley & Lardner LLP (Pro 28 Hac Vice), hereby stipulate to allow Defendant a two (2) week extension to respond to Plaintiff’s -1- Case 2:21-cv-01166-APG-NJK Document 16 Filed 07/13/21 Page 2 of 3 1 Complaint. Plaintiff filed its Complaint on June 21, 2021 and served Defendant with its 2 Complaint on June 24, 2021 making the current due date July 15, 2021. Plaintiff and Defendant 3 submitted a stipulation to the Court on July 12, 2021, stipulating to a two (2) week extension of 4 time to file a responsive pleading extending the time to July 29, 2021, but the stipulation was 5 denied without prejudice by the Court on July 13, 2021, citing a request for additional 6 information and compliance with Local Rule IA 6-1(a). 7 Pursuant to Local Rule IA 6-1(a), the basis for this first request stipulation for an 8 additional two-week time period to prepare and file a responsive pleading to Plaintiff’s 9 Complaint, is that Defendant is engaging additional counsel who will be joining the defense. 10 The additional counsel require the additional requested two (2) week time period to July 29, 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -2- Case 2:21-cv-01166-APG-NJK Document 16 Filed 07/13/21 Page 3 of 3 1 2021, to assist with preparation of responsive pleadings. Said counsel will be applying for Pro 2 Hac status in the near future as well. 3 4 5 6 Based upon the foregoing, Plaintiff and Defendant herby stipulate that Defendant may file and serve its responsive pleading on or before July 29, 2021. Dated this 13th day of July 2021. Dated this 13th day of July 2021. FENNEMORE CRAIG, P.C. THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER 7 8 /s/ Josh Reid /s/ Michael C. Hetey 9 10 11 JOSH REID, ESQ. Nevada Bar No. 7497 300 South 4th Street, Suite 1400 Las Vegas, Nevada 89101 12 13 14 15 16 17 18 19 (Pro Hac Vice) ERIC L. MAASSEN, ESQ. WILLIAM J. MCKENNA, ESQ. TANYA C. O’NEILL, ESQ. FOLEY & LARDNER LLP 777 East Wisconsin Avenue Milwaukee, Wisconsin 53202 Attorneys for Plaintiff, LE PETOMANE XXVII, INC. solely in its representative capacity as trustee of the NEVADA ENVIRONMENTAL RESPONSE TRUST MICHAEL C. HETEY, ESQ. Nevada Bar No. 5668 HARRY J. ROSENTHAL, ESQ. Nevada bar No. 10208 1100 East Bridger Avenue Las Vegas, Nevada 89101 Attorneys for Defendant, AMERICAN PACIFIC CORPORATION, a Nevada corporation 20 ORDER 21 IT IS SO ORDERED. 22 Dated: July 14, 2021 23 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 -3-

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