Upton v. Resolute Capital Partners, Ltd.

Filing 16

ORDER granting ECF No. 15 Stipulation. Second Amended Complaint due by 9/16/2021. Signed by Magistrate Judge William G. Cobb on 9/9/2021. (Copies have been distributed pursuant to the NEF - SMR)

Case 3:21-cv-00270-LRH-WGC Document 16 Filed 09/09/21 Page 1 of 2

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Mark Mausert
NV Bar No. 2398
729 Evans Avenue
Reno, NV 89512
[phone]
Fax [phone]
[e-mail]
Attorney for Plaintiff

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IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE DISTRICT OF NEVADA

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SUSANA UPTON,

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Plaintiff,
vs.

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Case No.: 3:21-cv-00270-LRH-WGC

RESOLUTE CAPITAL PARTNERS
LTD.,

STIPULATION AND ORDER TO
ALLOW PLAINTIFF TO FILE A
SECOND AMENDED COMPLAINT

Defendant.

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IT IS HEREBY STIPULATED by and between Plaintiff SUSANA UPTON (“Plaintiff”),

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through her counsel, Mark Mausert, and Defendant RESOLUTE CAPITAL PARTNERS, LTD.

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(“Defendant”), through its counsel Simons Hall & Johnston PC, as follows:

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1. Plaintiff’s First Amended Complaint was filed on July 16, 2021. Defendant filed its Motion

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to Dismiss First Amended Complaint on August 23, 2021. Plaintiff filed her Opposition to

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Defendant’s Motion to Dismiss on September 2, 2021. On September 2, 2021, the parties

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were notified of the Defendant’s correct name, RCP-LTD, LLC.
2. The parties agree that Plaintiff shall be permitted to file a Second Amended Complaint
within 7 days of this filing for the limited purpose of changing the name to the proper

Case 3:21-cv-00270-LRH-WGC Document 16 Filed 09/09/21 Page 2 of 2

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Defendant, RCP-LTD, LLC. Because the Plaintiff will only be changing the name of the

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Defendant, the Parties agree that briefing should continue on the pending Motion to

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Dismiss.

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3. This Stipulation is made in good faith and not for the purpose of delay.

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DATED this 9th day of September, 2021.
LAW OFFICE OF MARK MAUSERT

DATED this 9th day of September, 2021.
SIMONS HALL & JOHNSTON PC

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/s/ Mark Mausert
Mark Mausert
729 Evans Avenue
Reno, Nevada 89512

/s/ Jonathan McGuire__________________
Anthony Hall
Jonathan McGuire
6490 S. McCarran Blvd., Suite F-46
Reno, Nevada 89509

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Attorney for Plaintiff

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Attorneys for Defendant

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ORDER
IT IS SO ORDERED:

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_________________________________
UNITED STATES MAGISTRATE JUDGE
September 9, 2021
DATED: ____________________

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