STIPULATION AND ORDER TO WITHDRAW PENDING MOTION TO DISMISS [ECF 23] AND SCHEDULE RESPONSE DATE TO FIRST AMENDED COMPLAINT (ECF 39]

(First Request)

JAMES C. MAHAN, District Judge.

Plaintiff Nikkei Global Inc. ("Nikkei"), and Defendants Philippe Ziade, Jude Nassar, Appleton Properties, LLC, Z Leb Group, LLC, Progressive Construction, Inc., Growth Development, LLC, Vibrant Realty, LLC, AJ Properties International, LLC, AJ Properties International Series 2, LLC, Growth Holdings, LLC, Growth Luxury Homes, LLC, and Growth Luxury Realty, LLC (collectively, "Growth"), by and through their respective counsel, stipulate and agree as follows:

1. On October 18, 2018, Nikkei filed its Complaint [ECF 1] (the "Complaint");

2. On November 19, 2018, Growth accepted service of the Complaint.

3. On January 4, 2019, Growth filed a Motion to Dismiss the Complaint [ECF 23].

4. On January 25, 2019, Nikkei filed a First Amended Complaint [ECF 39], which is permitted one time as a matter of course. See Fed. R. Civ. P. 15(a)(1)(B).

5. Due to the filing of the First Amended Complaint, Growth and Nikkei stipulate and agree to withdraw the pending Motion to Dismiss [ECF 23] because it has been mooted, in part, by Nikkei's filing of the First Amended Complaint. See, e.g., Azizi v. Eldorado Resorts Corp., No. 2:15-cv-00755-RFB-PAL, 2016 WL 5867412, at *1 n.1 (D. Nev. Oct. 5, 2016); Akinola v. Severns, No. 3:11-cv-00681-LRH-WGC, 2012 WL 2417759 at *1 (D. Nev. June 26, 2012).

6. Growth and Nikkei have also agreed that Growth shall have up to and until March 8, 2019 to respond to the First Amended Complaint.

7. This is the first stipulation to extend the deadline to file a response to the First Amended Complaint. This stipulation is made in good faith and not to delay the proceedings.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

IT IS SO ORDERED.