Opinion
2:22-cv-01475-CDS-EJY
11-28-2022
DAVID BREIN, an individual, Plaintiff, v. FSHP BUILDERS, LLC, a Nevada Limited Liability Company; BRENDAN J. HANCOCK, an individual; S.D.Q., a Nevada corporation doing business as PACIFIC SHOWCASE; MAK COMMERCIAL GLAZING LLC, a Nevada limited liability company; OMAR PRIETO, an individual; and DOES 1-20, Inclusive. Defendants. FSHP BUILDERS, LLC, a Nevada Limited Liability Company, and BRENDAN J. HANCOCK, an individual, Counterclaimants, v. DAVID BREIN, an individual, Counterdefendant. FSHP BUILDERS, LLC, a Nevada Limited Liability Company, and BRENDAN J. HANCOCK, an individual, Third-Party Plaintiffs, v. FRANKE FOWLER, an individual, FRANKE FOWLER, AN INTERIOR DESIGN STUDIO, a California business entity; RENEE HURWITZ, an individual, and DOES1-20, Inclusive, Third-Party Defendants.
By: Jonathan G. Gabriel, Esq. Attorneys for Plaintiff and Counter-Defendant David Brein Brian K. Berman, Esq. Attorneys for Defendant and Counterclaimants FSHP Builders, LLC and Brendan Hancock
By: Jonathan G. Gabriel, Esq.
Attorneys for Plaintiff and Counter-Defendant
David Brein
Brian K. Berman, Esq.
Attorneys for Defendant and Counterclaimants FSHP Builders, LLC and Brendan Hancock
STIPULATION AND ORDER TO EXTEND TIME UNDER FRCP 6(b)(1) TO RESPOND TO COUNTERCLAIM
The PARTIES hereby submit the following STIPULATION and ORDER extending the time for Cross-Defendant DAVID BREIN to respond to the Counterclaim under Federal Rule of Civil Procedure (“FRCP”) 6(b)(1) as follows:
RECITALS
WHEREAS, the Answer and Counterclaim was served on November 2, 2022;
WHEREAS, under FRCP 12(a)(1)(B), Plaintiff and Counter-Defendant DAVID BREIN's response to the Counterclaim would be due on November 23, 2022;
WHEREAS, after discussion between counsel for the Parties, counsel for Defendant and Counterclaimants FSHP Builders, LLC and Brendan Hancock, Brian K. Berman (“Defendants' Counsel”) indicated that he would file an Amended Answer, Counterclaim and Third Party Complaint forthwith;
WHEREAS, in light of Defendants' Counsel's representation as set forth above, the Parties agreed to permit Defendants' Counsel additional time to file said Amended Pleadings and extend the time for Plaintiff and Cross-Defendant to respond to the instant Counterclaim;
STIPULATION
he PARTIES and their counsel of record hereby STIPULATE to the following:
1. Defendants and Counterclaimants FSHP Builders, LLC and Brendan Hancock shall have an additional fifteen (15) days to file their Amended Pleadings, up to and including December 8, 2022;
2. Counter-Defendant David Brein shall have an additional twenty-one (21) days, up to and including December 14, 2022, to file responsive pleadings to the current Counterclaim on file with the Court if Defendants do not amend their Answer and/or Counterclaim;
3. If Counterclaimant(s) file Amended Pleadings, Counter-Defendant David Brein shall have the time prescribed by FRCP 12(a)(1)(B) to respond to the Amended Counterclaim.
IT IS SO ORDERED.