Opinion
CASE NO. 2:10-cv-02483-GEB-CMK
03-28-2013
MVP ASSET MANAGEMENT (USA) LLC, a Delaware Limited Liability Company, Plaintiff, v. STEVEN VESTBIRK, et al., Defendants.
SULLIVAN JOHNSON LLP DANIEL M. SULLIVAN (SBN 132878) DANIEL A. JOHNSON (SBN 130724) Attorneys for Plaintiff MVP ASSET MANAGEMENT (USA) LLC GEORGE L. O'CONNELL (SBN 74037) TODD M. NOONAN (SBN 172962) DLA PIPER LLP (US) Attorneys for Specially Appearing Defendants SULLIVAN JOHNSON LLP DANIEL A. JOHNSON Attorneys for Plaintiff MVP ASSET MANAGEMENT (USA) LLC DLA PIPER LLP (US) TODD M. NOONAN Attorneys for Defendants STEVEN VESTBIRK, JEFF BALLIET, ALLISON HANSLIK, ARK ROYAL ASSET MANAGEMENT, LTD.; VESTBIRK CAPITAL MANAGEMENT, LTD.; ARK ROYAL ASSET MANAGEMENT, LLC; ARK DISCOVERY, LLC; ARK ROYAL HOLDINGS, LLC; ARK ROYAL SERVICES, LLC; ARK ROYAL CAPITAL, LLC; ARK ROYAL CAPITAL FUNDING, LLC; ARK ROYAL CAPITAL, INC.; ARK ROYAL RESOURCES, LLC; ARK ROYAL ASSURANCE LLC; ARK ROYAL INVESTMENTS, LLC
SULLIVAN JOHNSON LLP
DANIEL M. SULLIVAN (SBN 132878)
DANIEL A. JOHNSON (SBN 130724)
Attorneys for Plaintiff
MVP ASSET MANAGEMENT (USA) LLC
GEORGE L. O'CONNELL (SBN 74037)
TODD M. NOONAN (SBN 172962)
DLA PIPER LLP (US)
Attorneys for Specially Appearing Defendants
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME FOR
FILING OF FIFTH AMENDED
COMPLAINT
1. WHEREAS, on March 22, 2013 the Court issued an Order dismissing the Fourth Amended Complaint and granting Plaintiff leave to file a Fifth Amended Complaint on or before April 1, 2013;
2. WHEREAS, Plaintiff and Specially Appearing Defendants have agreed to extend by fourteen (14) days Plaintiff's time to file the Fifth Amended Complaint, and that Specially Appearing Defendants in turn will have a fourteen (14) day extension of their time to respond;
NOW, THEREFORE, Plaintiff and Specially Appearing Defendants, by and through their respective counsel of record, hereby stipulate as follows:
1. That Plaintiff's time to file the Fifth Amended Complaint be extended from April 1, 2013 to April 15, 2013, and that Specially Appearing Defendants in turn will have a fourteen (14) day extension of their time to respond.
IT IS SO STIPULATED.
SULLIVAN JOHNSON LLP
By Daniel A. Johnson (authorized 3/28/13)
DANIEL A. JOHNSON
Attorneys for Plaintiff
MVP ASSET MANAGEMENT (USA) LLC
DLA PIPER LLP (US)
By Todd M. Noonan (authorized 3/28/13)
TODD M. NOONAN
Attorneys for Defendants
STEVEN VESTBIRK, JEFF BALLIET, ALLISON
HANSLIK, ARK ROYAL ASSET
MANAGEMENT, LTD.; VESTBIRK CAPITAL
MANAGEMENT, LTD.; ARK ROYAL ASSET
MANAGEMENT, LLC; ARK DISCOVERY, LLC;
ARK ROYAL HOLDINGS, LLC; ARK ROYAL
SERVICES, LLC; ARK ROYAL CAPITAL, LLC;
ARK ROYAL CAPITAL FUNDING, LLC; ARK
ROYAL CAPITAL, INC.; ARK ROYAL
RESOURCES, LLC; ARK ROYAL ASSURANCE
LLC; ARK ROYAL INVESTMENTS, LLC
ORDER
Plaintiff is granted until April 15, 2013 to file a Fifth Amended Complaint addressing the deficiencies of Plaintiff's pleading discussed in the order of March 22, 2013 dismissing the Fourth Amended Complaint. Further, Plaintiff is notified that this action may be dismissed with prejudice under Rule 41(b) if Plaintiff fails to file an amended complaint within the prescribed time period. Specially Appearing Defendants have a fourteen (14) day extension of their time to respond to the amended complaint, once filed.
IT IS SO ORDERED.
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GARLAND E. BURRELL, JR.
Senior United States District Judge