Filed: Jan. 09, 2020
Latest Update: Jan. 09, 2020
Summary: STIPULATION AND ORDER RE: FURTHER ORDER ON COST BOND JAMES C. MAHAN , District Judge . The undersigned Parties, by and through their respective attorneys, stipulate and agree as follows: Plaintiffs commenced this action by filing their Complaint on February 6, 2019. [ECF No. 1]. On December 2, 2019, an Order on Cost Bond was entered requiring each Plaintiff to file an undertaking or make a cash deposit of $500 with the clerk of the court for each defendant ("Order on Cost Bond"). See [E
Summary: STIPULATION AND ORDER RE: FURTHER ORDER ON COST BOND JAMES C. MAHAN , District Judge . The undersigned Parties, by and through their respective attorneys, stipulate and agree as follows: Plaintiffs commenced this action by filing their Complaint on February 6, 2019. [ECF No. 1]. On December 2, 2019, an Order on Cost Bond was entered requiring each Plaintiff to file an undertaking or make a cash deposit of $500 with the clerk of the court for each defendant ("Order on Cost Bond"). See [EC..
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STIPULATION AND ORDER RE: FURTHER ORDER ON COST BOND
JAMES C. MAHAN, District Judge.
The undersigned Parties, by and through their respective attorneys, stipulate and agree as follows:
Plaintiffs commenced this action by filing their Complaint on February 6, 2019. [ECF No. 1].
On December 2, 2019, an Order on Cost Bond was entered requiring each Plaintiff to file an undertaking or make a cash deposit of $500 with the clerk of the court for each defendant ("Order on Cost Bond"). See [ECF No. 45 at 7:3-8]. This amounts to $4,000 for each of the 40 Plaintiffs, for a total of $160,000.
The Order on Cost Bond set an original deadline for compliance by Plaintiffs on December 27, 2019. See [ECF No. 45 at 7:3].
On December 27, 2019, Plaintiffs filed a Motion for Extension of Time to Comply with the Order on Cost Bond ("Motion to Extend"). [ECF No. 47].
A Minute Order was entered on December 31, 2019, requiring any responses to Plaintiffs' Motion to Extend be made by 5:00 p.m. on January 3, 2020. [ECF No. 48].
Plaintiffs have informed Defendants that one of the 40 Plaintiffs, Ms. JIAXIN YE, has elected not to proceed with her claims in this action, and desires to voluntarily dismiss her Complaint without prejudice.
Plaintiffs have informed Defendants that the remaining 39 Plaintiffs are prepared or will be prepared to make their required cash deposit on or before January 10, 2020 for purposes of complying with the Order on Cost Bond.
WHEREFORE, IT IS HEREBY STIPULATED AND AGREED that Plaintiff JIAXIN YE's Complaint against Defendants is dismissed without prejudice in its entirety.
IT IS FURTHER STIPULATED AND AGREED that the remaining 39 Plaintiffs shall 1) make a cash deposit in the total amount of $156,000 (39 × $4,000) with the clerk of the court on or before January 10, 2020, and 2) file a Notice or Certificate of Compliance with the Order on Cost Bond. The case shall remain stayed pending Plaintiffs' compliance with the foregoing.
IT IS FURTHER STIPULATED AND AGREED that, upon filing of a Notice or Certificate of Compliance with the Order on Cost Bond, Defendants shall have 30 calendar days therefrom to file response pleadings or motions to Plaintiffs' Complaint.
IT IS FURTHER STIPULATED AND AGREED that, in light of this Stipulation, Plaintiffs' Motion to Extend is withdrawn without prejudice.
Dated this 3rd day of January, 2020. Dated this 3rd day of January, 2020.
WRIGHT, FINLAY & ZAK, LLP SANTORO WHITMIRE
/s/ Yanxiong Li, Esq.
Bradley T. Wibicki, Esq. /s/ Nicholas J. Santoro, Esq.
Nevada Bar No. 11321 Nicholas J. Santoro, Esq.
Yanxiong Li, Esq. Nevada Bar No. 0532
Nevada Bar No. 12807 Oliver J. Pancheri, Esq.
7785 W. Sahara Ave., Suite 200 Nevada Bar No. 7476
Las Vegas, NV 89117 10100 W. Charleston Blvd., Suite 250
Las Vegas, Nevada 89135
WRIGHT, FINLAY & ZAK, LLP LEX NOVA LAW LLC
Charles C. McKenna, Esq. (pro hac vice) Darren Goldstein, Esq. (pro hac vice)
4665 MacArthur Court, Suite 200 Commerce Center
Newport Beach CA 92660 1810 Chapel Ave. West, Ste. 200
Attorneys for Plaintiffs, Individual EB-5 Cherry Hill, New Jersey 08002
Investors Attorneys for Defendants William Weidner,
Bofu, LLC, Weidner Management, LLC, and
David Jacoby
Dated this 3rd day of January, 2020.
HOWARD & HOWARD ATTORNEYS
PLLC
/s/ Robert Hernquist, Esq.
Robert Hernquist, Nevada Bar No. 10616
Mark Gardberg, Nevada Bar No. 10879
Wells Fargo Tower, Suite 1000
3800 Howard Hughes Parkway
Las Vegas, Nevada 89169-5980
Attorneys for Defendants Andrew Fonfa,
Sahara Investments LLC, Las Vegas
Economic Impact Regional Center, LLC and
Eastern Investments LLC
ORDER
IT IS SO ORDERED.
