Rios et al v. Nevada CVS Pharmacy, LLC et al

Filing 33

ORDER granting 32 Stipulation to Extend Time to file Opposition Re: 29 Motion. Responses due by 5/15/2024. Signed by Magistrate Judge Nancy J. Koppe on 5/9/2024. (Copies have been distributed pursuant to the NEF - CT)

1 JOSH COLE AICKLEN
Nevada Bar No. 7254
2 [e-mail]
DAVID M. GOULD
3
Nevada Bar No. 11143
4 [e-mail]
LEWIS BRISBOIS BISGAARD & SMITH, LLP
5 6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
6 Telephone: [phone]
Facsimile: 702.893.3789
7 Attorneys for Defendants,
8 LAS VEGAS PHARMACY DST,
PHARMACY PORTFOLIO IV
9 EXCHANGE, LLC and
INLAND PRIVATE CAPITAL
10 CORPORATION
11
UNITED STATES DISTRICT COURT

12

STATE OF NEVADA

13

ROSA RIOS, as Special Administrator of
14 the Estate of ALEJANDRO RIOS,
15 Deceased; ELI RIOS, individually and as
Heir of the Estate of ALEJANDRO RIOS,
16 Deceased; ROSA RIOS, individually and
as Heir of the ESTATE OF ALEJANDRO
17 RIOS, Deceased; ALEX RIOS, individually
and as Heir of the ESTATE OF
18 ALEJANDRO RIOS, Deceased; ROSA
19 MANCINAS ALVAREZ, individually as
Heir of the ESTATE OF ALEJANDRO
20 RIOS, Deceased; JESSICA LOPEZ,
individually as Heir of the ESTATE OF
21 ALEJANDRO RIOS, Deceased,
22
23

Plaintiffs,
vs.

24

LEWIS

NEVADA CVS PHARMACY, LLC, a
25 Domestic Limited-Liability Company; CVS
PHARMACY, INC., a Foreign Corporation;
26 CVS NV HOLDING COMPANY, LLC, a
Foreign Limited-Liability Company; CVS
27
1507 NV, LLC, a Foreign Limited-Liability
28 Company; NS RETAIL HOLDINGS, LLC,

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

139956360.1

Case No.: 2:23-cv-01108
STIPULATION AND ORDER TO EXTEND
TIME TO FILE OPPOSITION TO
DEFENDANTS LAS VEGAS PHARMACY
DST, PHARMACY PORTFOLIO IV
EXCHANGE, LLC AND INLAND PRIVATE
CAPITAL CORPORATION’S MOTION TO
REOPEN DEADLINE TO AMEND
PLEADINGS AND ADD PARTIES AND
MOTION TO AMEND ANSWER TO
ASSERT CROSS-CLAIM AGAINST
DEFENDANTS NEVADA CVS
PHARMACY, LLC., CVS PHARMACY,
INC., CVS NV HOLDING COMPANY,
LLC., CVS 1507 NV, LLC, A FOREIGN
LIMITED-LIABILITY COMPANY, CVS
HEALTH CORP., A FOREIGN
CORPORATION, CAREMARK PHC, LLC,
A FOREIGN LIMITED-LIABILITY
CORPORATION

1 a Foreign Limited-Liability Company; CVS
HEALTH CORP., a Foreign Corporation;
2 CAREMARK PHC, LLC, a Foreign
Limited-Liability Corporation; LAS VEGAS
3
PHARMACY DST, a Foreign Statutory
4 Trust; PHARMACY PORTFOLIO IV
EXCHANGE, LLC, a Foreign Limited5 Liability Company; INLAND PRIVATE
CAPITAL CORPORATION, a Foreign
6 Corporation; DOES 1-10; and ROE
CORPORATIONS 11-20, DOE
7 EMPLOYEES/AGENTS 21-30, inclusive,
8

Defendants.

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STIPULATION AND ORDER TO EXTEND TIME TO FILE OPPOSITION TO
DEFENDANTS LAS VEGAS PHARMACY DST, PHARMACY PORTFOLIO IV
EXCHANGE, LLC AND INLAND PRIVATE CAPITAL CORPORATION’S MOTION TO
REOPEN DEADLINE TO AMEND PLEADINGS AND ADD PARTIES AND MOTION TO
AMEND ANSWER TO ASSERT CROSS-CLAIM AGAINST DEFENDANTS NEVADA CVS
PHARMACY, LLC., CVS PHARMACY, INC., CVS NV HOLDING COMPANY, LLC., CVS
1507 NV, LLC, A FOREIGN LIMITED-LIABILITY COMPANY, CVS HEALTH CORP., A
FOREIGN CORPORATION, CAREMARK PHC, LLC, A FOREIGN LIMITED-LIABILITY
CORPORATION
IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, through

17 their respective counsel of record, that the time for the filing of any Opposition to COME
18 NOW Defendants, LAS VEGAS PHARMACY DST, PHARMACY PORTFOLIO IV
19 EXCHANGE, LLC and INLAND PRIVATE CAPITAL CORPORATION’s Motion to Reopen
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the Deadline to Amend Pleadings and Add Parties, to Allow Defendants to amend their
Answer to Assert Cross-Claims Against Defendants NEVADA CVS PHARMACY, LLC., CVS
PHARMACY, INC., CVS NV HOLDING COMPANY, LLC., CVS 1507 NV, LLC, A FOREIGN
LIMITED-LIABILITY COMPANY, CVS HEALTH CORP., A FOREIGN CORPORATION,

25 CAREMARK PHC, LLC, A FOREIGN LIMITED-LIABILITY CORPORATION, be extend by
26 one (1) week.
27

LEWIS

The parties are currently negotiating on issues such that withdrawal of the pending

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

139956360.1

2

1 Motion may be possible. As such, the parties do not wish to unnecessarily burden the Court
2 nor have this Honorable Court unnecessarily expend judicial resources, nor do the parties
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wish to expend resources preparing and filing further motion work, in the event the pending
Motion becomes moot.

5

Based upon the Parties’ stipulation and agreement herein, any such Opposition

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would now be due on or before May 15, 2024.

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Dated this 8th day of May 2024 by:

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GABROY | MESSER

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By: /s/ Kaine Messer
Christian Gabroy
(#8805)
Kaine Messer
(#14240)
GABROY | MESSER
170 South Green Valley Parkway
Suite 280
Henderson, Nevada 89012
Attorneys for Plaintiffs

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LEWIS BRISBOIS BISGAARD & SMITH, LLP

17

22

By: /s/ Josh Cole Aicklen
Josh Cole Aicklen,
(#7254)
David M. Gould
(#11143)
6385 South Rainbow Boulevard
Suite 600
Las Vegas, NV 89118
Attorneys for Defendants Las Vegas
Pharmacy DST; Pharmacy Portfolio IV
Exchange, LLC; and Inland Private

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

139956360.1

3

1

WEINBERG WHEELER HUDGINS GUNN & DIAL

2 By: _/s/ Stephanie J. Glantz __________
Phillip N. Smith, Jr.
3 (#10233)
Stephanie J. Glantz
4 (#14878)
6835 South Rainbow Boulevard
5 Suite 400
Las Vegas, NV 89118
6 Attorneys for Defendants Nevada CVS
Pharmacy, LLC; CVS Pharmacy, Inc.; CVS
7 NV Holding Company, L.L.C.; and CVS
Health Corp; and Caremark PHC, LLC
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ORDER
IT IS HEREBY ORDERED that, based upon the stipulation and agreement of the
parties, any Opposition to Defendants, LAS VEGAS PHARMACY DST, PHARMACY
PORTFOLIO IV EXCHANGE, LLC and INLAND PRIVATE CAPITAL CORPORATION’s
Motion to Reopen the Deadline to Amend Pleadings and Add Parties, to Allow Defendants

15 to amend their Answer to Assert Cross-Claims Against Defendants NEVADA CVS
16 PHARMACY, LLC., CVS PHARMACY, INC., CVS NV HOLDING COMPANY, LLC., CVS
17 1507 NV, LLC, A FOREIGN LIMITED-LIABILITY COMPANY, CVS HEALTH CORP., A
18 FOREIGN CORPORATION, CAREMARK PHC, LLC, A FOREIGN LIMITED-LIABILITY
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CORPORATION is due by or before May 15, 2024.

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____________________________________
United States Magistrate Judge

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May 9, 2024
Dated:________________________________

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LEWIS

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

139956360.1

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