United States District Court, D. Nevada
Patrick J. Reilly, Esq., Sydney R. Gambee, Esq., Holland
& Hart LLP, Jeffrey T. Kucera, K&L Gates LLP,
Stavroula E. Lambrakopoulos, Theodore L. Kornobis, K&L
Gates LLP, Attorneys for Ray Gonzalez.
Mark Albright, Esq. D. Chris Albright, Esq. ALBRIGHT,
STODDARD, WARNICK & ALBRIGHT, E. Powell Miller, Esq.,
Christopher D. Kaye, Esq., The Miller Law Firm, P.C.,
Attorneys for Plaintiffs.
L. Prunty, Esq., GREENBERG TRAURIG, LLP, Attorneys for
Defendants Hygea Holdings Corp., Manuel Iglesias, Edward
Moffly, Daniel T. McGowan, Frank Kelly, Martha Mairena
Castillo, Lacy Loar, Richard Williams, Glenn Marichi, Keith
Collins, Jack Mann, Joseph Campanella, and Carl Rosencrantz.
STIPULATION AND ORDER EXTENDING DEADLINE TO RESPOND
N5HYG, LLC and Nevada 5, Inc. (collectively
"Plaintiffs") and Defendants Hygea Holdings Corp.,
Manuel Iglesias, Edward Moffly, Daniel T. McGowan, Frank
Kelly, Martha Mairena Castillo, Lacy Loar, Richard Williams,
Glenn Marichi, Keith Collins, Jack Mann, Joseph Campanella,
Carl Rosencrantz, and Ray Gonzalez (collectively the
"Stipulating Defendants") hereby stipulate and
agree as follows:
Plaintiffs commenced this action in the Eighth Judicial
District Court for the State of Nevada on October 5, 2017.
Defendant Ray Gonzalez filed a Notice of Removal in this
federal court on November 15, 2017. Plaintiffs reserve the
right to contend that such removal was improper.
Except as set forth in Paragraph 5 of this Stipulation,
pursuant to Fed.R.Civ.P. 81(c)(2)(C), the deadline for the
Stipulating Defendants to answer or otherwise respond to the
Complaint is November 22, 2017. In addition to the matters
addressed in Paragraph 5, Plaintiffs also reserve the right
to contend that the removal in this case was improper and
that therefore, in the absence of this Stipulation,
Fed.R.Civ.P. 81(c)(2)(C) would not apply.
Except as provided in and subject to Paragraph 5, all
Stipulating Defendants shall have up to and including
December 4, 2017, in which to answer or otherwise respond to
the Complaint on file herein.
Plaintiffs' position is that Hygea Holdings Corp.
("Hygea") is and remains in default, and is
therefore barred from filing papers in its defense in this
case unless and until the default is set aside. Hygea
disputes this position. However, without prejudice to such
positions, to any argument that Hygea is in default in either
state or federal court, or to any argument that any answer or
response filed by Hygea should be stricken, Hygea will not be
deemed to be in default by virtue of filing an answer or
other response in this court by December 4, 2017 as opposed
to within seven days of removal; and Hygea's filing of
such an answer or response by December 4, 2017, as opposed to
within seven days of removal shall not prejudice any argument
by either side regarding whether or not Hygea is or remains
in default or to whether such answer or response should be
Stipulation also is for scheduling purposes only. The
parties' execution of this stipulation is without
prejudice to any argument that this Court lacks jurisdiction
over this matter or that the Court should remand this case.
In the event the Court determines that it otherwise lacks
jurisdiction, such execution of this stipulation shall not
otherwise confer this Court with jurisdiction, and such
execution of this stipulation shall not prejudice any
argument that removal was improper.
Stipulation also is for scheduling purposes only. Certain of
the Stipulating Defendants may move for dismissal based on
lack of personal jurisdiction or other grounds. Accordingly,
this Stipulation should not be construed as a waiver to seek
such a dismissal before this Court.
is the first extension of time requested by the parties in
this Court. This Stipulation is made in good faith and ...