Opinion
2:23-cv-01131-MMD-DJA
08-22-2023
AQUATECH CORPORATION, d/b/a UNITED AQUA GROUP, a Delaware corporation, Plaintiff, v. AQUAWORKS CONSTRUCTION INC., a Colorado corporation; RANDY WILMETH, an individual; and KIM HOLLENBECK, an individual, Defendants.
SEMENZA KIRCHER RICKARD Christopher D. Kircher, Esq., Bar No. 11176 Katie L. Cannata, Esq., Bar No. 14848 Attorneys for Defendants AquaWorks Construction Inc., Randy Wilmeth and Kim Hollenbeck LEWIS ROCA ROTHGERBER CHRISTIE LLP John Bragonje, Esq., Bar No. 9519 Attorneys for Plaintiff
SEMENZA KIRCHER RICKARD
Christopher D. Kircher, Esq., Bar No. 11176
Katie L. Cannata, Esq., Bar No. 14848
Attorneys for Defendants AquaWorks Construction Inc., Randy Wilmeth and Kim Hollenbeck
LEWIS ROCA ROTHGERBER CHRISTIE LLP
John Bragonje, Esq., Bar No. 9519
Attorneys for Plaintiff
STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT
Defendants AquaWorks Construction, Inc. ("AquaWorks"), Randy Wilmeth ("Wilmeth") and Kim Hollenbeck ("Hollenbeck") (collectively, “Defendants”), by and through their undersigned counsel, and Plaintiff Aquatech Corporation d/b/a United Aqua Group ("Plaintiff"), by and through its undersigned counsel, hereby stipulate and agree, subject to this Court's approval, as follows:
WHEREAS, Plaintiff filed its Complaint initiating this matter on July 19, 2023;
WHEREAS, Defendants were served with the Summons and Complaint on July 31, 2023;
WHEREAS, Wilmeth and Hollenbeck are residents of the State of Colorado, and AquaWorks is a Colorado corporation principally doing business in the State of Colorado;
WHEREAS, after being served with the Summons and Complaint, Wilmeth and Hollenbeck were travelling on a trip planned prior to the initiation of this lawsuit which delayed their ability to identify, interview and retain legal counsel in Nevada, a State in which AquaWorks does not regularly conduct business;
WHEREAS, the undersigned counsel for Defendants was retained on Friday, August 18, 2023, and the current deadline to file a responsive pleading to the Complaint is Monday, August 21, 2023;
WHEREAS, Plaintiff has agreed to provide the Defendants up to and including September 5, 2023, to respond to Plaintiff's Complaint; and
WHEREAS, this is the first request filed with this Court to extend the time for the Defendants to respond to Plaintiff's Complaint and Defendants have requested the extension in good faith and not to delay this matter.
ACCORDINGLY, the Parties hereby request that the Court grant this Stipulation to extend the deadline for Defendants to file a responsive pleading to the Complaint until September 5, 2023.
ORDER
IT IS SO ORDERED.