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CHOCOLATE MAGIC LAS VEGAS LLC v. FORD, 2:17-CV-00690-GMN-NJK. (2017)

Court: District Court, D. Nevada Number: infdco20170629f19 Visitors: 10
Filed: Jun. 28, 2017
Latest Update: Jun. 28, 2017
Summary: STIPULATION AND ORDER TO STAY DEADLINE FOR COUNTER-DEFENDANTS DINO DICIENZO AND DOUGLAS BIRRELL TO RESPOND TO THE COUNTERCLAIM [ECF NO. 14] NANCY J. KOPPE , Magistrate Judge . The parties hereby stipulate and agree to stay the deadline for Counter-defendants Dino DiCienzo and Douglas Birrell to answer or otherwise respond to Defendant/Counterclaimant Cindy Wix-Ingling's Counterclaim (ECF No. 14) which has a current due date of July 3, 2017. Pending before the Court are the following motion
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STIPULATION AND ORDER TO STAY DEADLINE FOR COUNTER-DEFENDANTS DINO DICIENZO AND DOUGLAS BIRRELL TO RESPOND TO THE COUNTERCLAIM [ECF NO. 14]

The parties hereby stipulate and agree to stay the deadline for Counter-defendants Dino DiCienzo and Douglas Birrell to answer or otherwise respond to Defendant/Counterclaimant Cindy Wix-Ingling's Counterclaim (ECF No. 14) which has a current due date of July 3, 2017.

Pending before the Court are the following motions: (1) Defendant Blair Ford's Special Motion to Dismiss Plaintiff's Complaint Pursuant to NRS 41.660 and Motion to Dismiss Pursuant to FRCP 12(b)(6) (ECF No. 21) ("Anti-SLAPP Motion"); and (2) Plaintiff Chocolate Magic Las Vegas LLC's ("Chocolate Magic") Motion to Dismiss Three of Counterclaimant's Seven Causes of Action Pursuant to Rule 12(b)(6) (ECF No. 27) ("Motion to Dismiss").

In view of the pending motions, the undersigned parties have conferred and agree to stay the deadline for Counter-defendants Dino DiCienzo and Douglas Birrell to answer or otherwise respond to Defendant/Counterclaimant Cindy Wix-Ingling's Counterclaim pending this Court's ruling on the Anti-SLAPP Motion and Chocolate Magic's Motion to Dismiss. Rulings on these motions will necessarily impact which claims and issues will proceed in this case including which counterclaims will proceed against Mr. DiCienzo and Mr. Birrell. Additionally, discovery in this matter is currently stayed pending a ruling on the Anti-SLAPP Motion. The parties agree that, in the interest of judicial economy and conservation of party resources, a stay is proper.

The parties further stipulate that Dino DiCienzo's and Douglas Birrell's responses to Defendant/Counter-claimant Cindy Wix-Ingling's Counterclaim will be due fifteen (15) days after this Court issues a ruling on the Anti-SLAPP Motion and Chocolate Magic's Motion to Dismiss, whichever is later.

The foregoing request to stay is made in good faith, and is not made for the purpose of delay.

IT IS SO STIPULATED:

ORDER

IT IS SO ORDERED.

Source:  Leagle

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