Opinion
CASE NO.: 2:12-cv-01892-GMN-CWH
03-18-2013
EUGENE KESSLER, individually and derivatively on behalf of SALEM VEGAS, L.P., Plaintiff, v. ANTHONY GUANCI, an individual, Defendant.
HOLLAND & HART LLP Lars K. Evensen, Esq. Brian G. Anderson, Esq. Attorneys for Plaintiff LOEB & LOEB LLP Patrick Downes, Esq. Pro Hac Attorneys for Defendant
Lars K. Evensen
Nevada Bar No. 8061
Brian G. Anderson
Nevada Bar No.10500
Holland & Hart llp
lkevensen@hollandhart.com
bganderson@hollandhart.com
Attorneys for Plaintiff
STIPULATION AND ORDER REGARDING AMENDED COMPLAINT,
PENDING MOTION TO DISMISS AND SUPPLEMENTAL DISCLOSURES
Eugene Kessler, individually and derivatively on behalf of Salem Vegas, L.P. ("Kessler"), and Defendant Anthony Guanci ("Guanci"), by and through their respective attorneys of record, HEREBY STIPULATE to the following:
WHEREAS on November, 5, 2012, Kessler filed a Complaint in this matter ("Complaint"). Doc No. 1
WHEREAS on Febraury 28, 2013,Guanci filed a Motion to Dismiss the Complaint ("Motion to Dismiss"). Doc No. 30
WHEREAS on March 13, 2013, Kessler filed a motion to substitute Salem Vegas, L.P. as plaintiff real party in interest and a corresponding first amended complaint (Motion to Substitute and Amend). Doc No. 31
WHEREAS on March 18, 2013, Kessler's Opposition to the Motion to Dismiss is due.
WHEREAS on March 18, 2013, certain supplemental disclosures are due.
STIPULATION
Kessler and Guanci hereby STIPULATE, to the COURT GRANTING Kessler's Motion to Substitute and Amend. Doc No. 30. By so stipulating, Guanci waives no rights, procedural or substantive, and shall not be prejudiced in any manner from taking any and all actions in response thereto, including, but not limited to, filing a responsive pleading to the Amended Complaint, such as a motion to dismiss or an answer
Kessler and Guanci further STIPULATE, upon the COURT GRANTING Kessler's Motion to Substitute and Amend, Guanci's pending Motion to Dismiss is moot, and is hereby withdrawn without prejudice.
Kessler and Guanci further STIPULATE upon the COURT GRANTING Kessler's Motion to Substitute and Amend, the date to provide supplemental disclosures shall be continued for 30-days from entry of this Court's Order.
SO STIPULATED
HOLLAND & HART LLP
By _________________
Lars K. Evensen, Esq.
Brian G. Anderson, Esq.
Attorneys for Plaintiff
LOEB & LOEB LLP
By _________________
Patrick Downes, Esq.
Pro Hac
Attorneys for Defendant
ORDER
THIS COURT, having considered the STIPULATION by and between Kessler and Guanci, and good cause appearing:
HEREBY GRANTS Kessler's Motion to Substitute and Amend. Doc No. 31. By so stipulating, Guanci waives no rights, procedural or substantive, and shall not be prejudiced in any manner from taking any and all actions in response thereto, including, but not limited to, filing a responsive pleading to the Amended Complaint, such as a motion to dismiss or an answer.
HAVING GRANTED Kessler's Motion to Substitute and Amend, Guanci's pending Motion to Dismiss, Doc No. 30, is moot, and is hereby withdrawn without prejudice
IT IS FURTHER ORDERED that the date to provide supplemental disclosures shall be continued for 30-days from entry of this Court's Order.
IT IS SO ORDERED.
_________________
Glewia M. Navarro
UnitedStates District Judge