Nevada Restaurant Services, Inc. v. Factory Mutual Insurance Company et al

Filing 20

ORDER Granting #19 Stipulation for Extension of Time Re: #8 , #9 , and #10 Motion to Dismiss. Responses due by 8/15/2022. Signed by Judge Richard F. Boulware, II on 7/29/2022. (Copies have been distributed pursuant to the NEF - JQC)

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J. Randall Jones, Esq. (Bar #1927)
[e-mail]
Mona Kaveh, Esq. (Bar # 11825)
[e-mail]
Madison S. Florance, Esq. (Bar #14229)
[e-mail]
KEMP JONES, LLP
3800 Howard Hughes Parkway, 17th Floor
Las Vegas, Nevada 89169
Telephone: [phone]
Fax: [phone]
Shant Karnikian (Pro Hac Vice Pending)
[e-mail]
Gary Partamian (Pro Hac Vice Pending)
[e-mail]
KABATECK, LLP
633 West Fifth Street, Suite 3200
Los Angeles, California 90071
Telephone: [phone]
Fax: [phone]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NEVADA RESTAURANT SERVICES,
INC., DBA DOTTY’S, a Nevada corporation,
Plaintiff,
vs.

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FACTORY MUTUAL INSURANCE
COMPANY, dba FM GLOBAL, a Rhode
Island corporation; AFFILIATED FM
INSURANCE COMPANY; a Rhode Island
Corporation; JEFFEREY ZEBARTH, an
individual; PATRICK LANGIN, an
individual; DOES I through X; and ROE
Business Entities I through X,

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Defendants.

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Case No.: 2:22-cv-01104-RFB-VCF

STIPULATION AND ORDER FOR
EXTENSION OF TIME TO FILE
OPPOSITIONS TO DEFENDANTS’
MOTIONS TO DISMISS
(First Request)

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Pursuant to Local Rule IA 6-1, Plaintiff Nevada Restaurant Services, Inc. (“Plaintiff”), and

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Defendants Factory Mutual Insurance Company (“Factory Mutual”), Affiliated FM Insurance

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Company (“Affiliated FM”), Jefferey Zebarth (“Zebarth”) and Patrick Langin (“Langin”)

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(collectively referred to as “Defendants”), by and through their counsel of record, hereby request that
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JOINT STIPULATION

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the Court extend the deadline for Plaintiff to oppose Defendants Factory Mutual’s, Langin’s and

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Zebarth’s Motions to Dismiss filed on July 18, 2022. ECF Nos. 8-10. The parties stipulate and agree

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as follows:

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1.

On May 31, 2022, Plaintiff filed a complaint in the Eighth Judicial District Court for

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breach of contract, contractual breach of implied covenant of good faith and fair dealing, and tortious

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breach of implied covenant of good faith and fair dealing against Factory Mutual and Affiliated FM.

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Plaintiff also alleged negligent misrepresentation against Defendants Zebarth and Langin.

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2.

On July 11, 2022, Defendants Affiliated FM and Factory Mutual filed a petition for

removal of the matter from the Eighth Judicial District Court for Clark County, Nevada, to the United
States District Court for the District of Nevada.
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On July 18, 2022, Defendant Factory Mutual filed a motion to dismiss Plaintiff’s

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causes of action for breach of contract, contractual breach of implied covenant of good faith and fair

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dealing and tortious breach of implied covenant of good faith and fair dealing. Additionally,

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Defendants Langin and Zebarth filed motions to dismiss Plaintiff’s cause of action for negligent

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misrepresentation.

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4.

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August 1, 2022.

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5.

The deadline to file Plaintiff’s Oppositions to Defendants’ Motions to Dismiss is

Plaintiff’s counsel did not receive notice of the above-mentioned motions to dismiss

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until July 21, 2022, through no fault of the Court, which does not provide sufficient time to prepare

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Plaintiff’s Oppositions to the aforementioned motions.

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6.

Based on the foregoing, the parties hereby agree to:

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a. Extend the deadline for Plaintiff to file its oppositions to Defendants Factory

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Mutual’s, Langin’s and Zebarth’s motions to dismiss (ECF Nos. 8-10) from

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August 1, 2022 to August 15, 2022, as Plaintiff requires more time to prepare its

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oppositions.

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b. Defendants’ reply briefs will be due within 14 days of Plaintiff’s opposition briefs.

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2
JOINT STIPULATION

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DATED: July 22, 2022

KEMP JONES, LLP

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/s/ J. Randall Jones
J. Randall Jones, Esq. (Bar # 1927)
Mona Kaveh, Esq. (Bar # 11825)
Madison S. Florance, Esq. (Bar # 14229)
3800 Howard Hughes Parkway, 17th Floor
Las Vegas, Nevada 89169

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KABATECK, LLP
Shant Karnikian, Esq. (Pro Hac Vice Pending)
Gary Partamian, Esq. (Pro Hac Vice Pending)
633 West Fifth Street, Suite 3200
Los Angeles, California 90071

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Attorneys for Nevada Restaurant Services, Inc.

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DATED: July 22, 2022

WEINBERG, WHEELER, HUDGINS, GUNN &
DIAL, LLC
/s/ Christina M. Lincoln
Howard J. Russell, Esq. (Bar # 8879)
Ryan R. Gormley, Esq. (Bar # 13494)
6385 South Rainbow Blvd., Suite 400
Las Vegas, Nevada 89118

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Amy Churan (Pro Hac Vice)
Christina M. Lincoln (Pro Hac Vice)
ROBINS KAPLAN LLP
2049 Century Park East, Suite 3400
Los Angeles, CA 90067-3208

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Attorneys for Defendants

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3
JOINT STIPULATION

EXHIBIT A
Proposed Order

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J. Randall Jones, Esq. (Bar #1927)
[e-mail]
Mona Kaveh, Esq. (Bar # 11825)
[e-mail]
Madison S. Florance, Esq. (Bar #14229)
[e-mail]
KEMP JONES, LLP
3800 Howard Hughes Parkway, 17th Floor
Las Vegas, Nevada 89169
Telephone: [phone]
Fax: [phone]
Shant Karnikian (Pro Hac Vice Pending)
[e-mail]
Gary Partamian (Pro Hac Vice Pending)
[e-mail]
KABATECK, LLP
633 West Fifth Street, Suite 3200
Los Angeles, California 90071
Telephone: [phone]
Fax: [phone]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NEVADA RESTAURANT SERVICES,
INC., DBA DOTTY’S, a Nevada corporation,
Plaintiff,
vs.

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FACTORY MUTUAL INSURANCE
COMPANY, dba FM GLOBAL, a Rhode
Island corporation; AFFILIATED FM
INSURANCE COMPANY; a Rhode Island
Corporation; JEFFEREY ZEBARTH, an
individual; PATRICK LANGIN, an
individual; DOES I through X; and ROE
Business Entities I through X,

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Defendants.

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Case No.: 2:22-cv-01104-RFB-VCF

[PROPOSED] ORDER FOR EXTENSION
OF TIME TO FILE OPPOSITIONS TO
DEFENDANTS’ MOTIONS TO DISMISS
(First Request)

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PROPOSED ORDER

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[PROPOSED] ORDER

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Based on the parties’ stipulation, it is hereby ordered that Plaintiff’s deadline for filing

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oppositions to Defendants Factory Mutual Insurance Company’s, Patrick Langin’s and

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Jeffrey Zebarth’s Motions to Dismiss is extended from August 1, 2022 to August 15, 2022 and

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Defendants Factory Mutual Insurance Company, Patrick Langin and Jeffrey Zebarth will file their

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replies within 14 days of Plaintiff filing its opposition briefs.

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IT IS SO ORDERED:
____________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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July 29, 2022.
DATED: _________________________

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PROPOSED ORDER