Trackman v. Sierra Country, Inc.

Filing 14

ORDER APPROVING 13 Stipulation between plaintiff and defendant Sierra Country, Inc. for an extension of time for defendant Sierra Country, Inc. to respond to 8 plaintiff's Amended Complaint.( Response due by 2/23/2010.) Signed by Judge Larry R. Hicks on 2/16/10. (Copies have been distributed pursuant to the NEF - SL)

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Taggart & Taggart, Ltd.

PAUL G. TAGGART, ESQ. Nevada State Bar No. 6136 TYLER M. ELCANO, ESQ. Nevada State Bar No. 10578 TAGGART & TAGGART, LTD. 108 North Minnesota Street Carson City, Nevada 89703 [phone] ­ Telephone [phone] ­ Facsimile Attorneys for Defendant, Sierra Country, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA *** ) ) Plaintiff, ) ) vs. ) ) SIERRA COUNTRY, INC., a Nevada ) corporation, WILLIAM R. TOMERLIN and ) MARSHA L. TOMERLIN, as individuals, and ) as Trustees of various intervivos trusts including, ) but not limited to THE WILLIAM R. ) TOMERLIN TRUST, dated August 11, 1976, ) and subsequent amendments thereo, and restated ) in THE TOMERLIN TRUST, dated January 31, ) 1994, THE WILLIAM R. TOMERLIN TRUST, ) dated August 11, 1979, THE WILLIAM R. ) TOMERLIN TRUST OF 1988, THE ) TOMERLIN TRUST, dated February 1, 1983, ) THE TOMERLIN TRUST U/A/D, dated ) February 2, 1989, and DOES I through X, ) inclusive, ) ) Defendants. ) ________________________________________ ) STEPHEN O. TRACKMAN,

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108 North Minnesota Street Carson City, Nevada 89703 [phone] ~ Telephone [phone] ~ Facsimile

Case No.: 3:09-cv-00751-LRH-VPC

STIPULATION AND ORDER COMES NOW, Defendant, SIERRA COUNTRY, INC. (hereinafter "SCI"), by and through its attorneys of record, PAUL G. TAGGART, ESQ. and TYLER M. ELCANO, ESQ., of the law firm of TAGGART & TAGGART, LTD., and STEPHEN O. TRACKMAN (hereinafter "Trackman"), by and through his attorneys of record, JOAN C. WRIGHT, ESQ. and JOEL W. LOCKE, ESQ., of the
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Taggart & Taggart, Ltd.

law firm of ALLISON, MacKENZIE, PAVLAKIS, WRIGHT & FAGAN, LTD., and hereby file this Stipulation and Order. On or about February 2, 2010, a Stipulation and Order for Extension of Time to File an Answer and For Withdrawal of Motion to Dismiss was filed. This Stipulation and Order extended the time for SCI to file an answer to the Complaint filed on December 22, 2009. Further, the Stipulation and Order indicated that the parties agreed that SCI would withdraw its Motion to Dismiss that had been filed on or about January 15, 2010. On or about February 9, 2010, Plaintiff filed a First Amended Complaint. The filing of the First Amended Complaint replaces the original Complaint, and as a result, no answer is required to the original Complaint. /// /// ///

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108 North Minnesota Street Carson City, Nevada 89703 [phone] ~ Telephone [phone] ~ Facsimile

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Taggart & Taggart, Ltd.

Therefore, the parties herein stipulate that due to the filing of the First Amended Complaint, SCI shall have to and including Tuesday, February 23, 2010, in which to file its answer to the First Amended Complaint.

DATED this 12th day of February, 2010. /S/ Paul G. Taggart By:____________________________ PAUL G. TAGGART, ESQ. Nevada State Bar No. 6136 TYLER M. ELCANO, ESQ. Nevada State Bar No. 10578 TAGGART & TAGGART, LTD. 108 North Minnesota Street Carson City, Nevada 89703 [phone] ­ Telephone [phone] ­ Facsimile Attorneys for Defendant, Sierra Country, Inc.

DATED this 12th day of February, 2010. /S/ Joel W. Locke By:_______________________________ JOAN C. WRIGHT, ESQ. Nevada State Bar No. 1042 JOEL W. LOCKE, ESQ. Nevada State Bar No. 10128 ALLISON, MacKENZIE, PAVLAKIS, WRIGHT & FAGAN, LTD. 402 North Division Street P.O. Box 646 Carson City, Nevada 89702 [phone] ­ Telephone [phone] ­ Facsimile Attorneys for Stephen O. Trackman

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108 North Minnesota Street Carson City, Nevada 89703 [phone] ~ Telephone [phone] ~ Facsimile

ORDER 16th day of _______________, IT IS SO ORDERED this ____ day of February, 2010. 2010.

________________________________________ UNITED STATES DISTRICT JUDGE ____________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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