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Nikkei Global Inc. v. Co-Partner Consortium

United States District Court, D. Nevada

May 13, 2019

Nikkei Global Inc., a California corporation, Plaintiff,
v.
Co-Partner Consortium “Partner-CO”, a Nevada general partnership associated in fact and as an enterprise per 18 USCA § 19613; Mr. Phillip Ziade, Nevada resident and copartner; Mr. Jude E. Nassar, an individual resident of Clark County, Nevada; Appleton Properties, LLC, a Nevada limited liability company; Z Leb Group, LLC, a Nevada limited liability company; Progressive Construction, Inc. a/k/a Growth Construction, a Nevada corporation; Growth Development, LLC a/k/a Growth Construction, a Nevada limited liability company, Vibrant Realty, LLC, a Nevada limited liability company; AJ Properties International, LLC, a/k/a AJ1, a Nevada limited liability company; AJ Properties International Series 2 LLC, a/k/a AJ2, a Nevada limited Progressive Construction Inc Growth Development LLC Vibrant Realty LLC AJ Properties International LLC AJ Properties International Series 2 LLC Growth Holdings LLC Growth Luxury Homes LLC and Growth Luxury Realty, LLC liability company; Growth Holdings, a Nevada corporation; Growth Luxury Homes, LLC, a/k/a GLH, a Nevada limited liability company; Growth Luxury Realty, LLC, a/k/a GLR, a Nevada limited liability company; Mr. Yoshimi Hirooka, a resident of Japan or Singapore, doing business in Nevada; Mr. Yoshihiro Hirooka, a resident of Japan or Singapore doing business in Nevada; Hirooka Family Office, Ltd., a foreign organization doing business in Nevada, Defendants.

          JOSEPH A. LIEBMAN Nevada Bar No. 10125 BAILEYKENNEDY MICHAEL M. LATER Nevada Bar No. 7416 THE LAW OFFICE OF MICHAEL M. LATER Attorneys for Defendants Philippe Ziade, Jude Nassar, Appleton Properties, LLC, Z Leb Group, LLC, Progressive Construction, Inc., Growth Development, LLC, Vibrant Realty, LLC, AJ Properties International, LLC, AJ Properties International Series 2, LLC, Growth Holdings, LLC, Growth Luxury Homes, LLC, and Growth Luxury Realty, LLC

          DREITZER LAW Richard Dreitzer Attorneys for Plaintiff Nikkei Global Inc.

          BAILEYAKENNEDY Joseph A Liebman Attorneys for Growth

         STIPULATION AND ORDER TO EXTEND DEADLINE FOR DEFENDANTS PHILIPPE ZIADE, JUDE NASSAR, APPLETON PROPERTIES, LLC, Z LEB GROUP, LLC, PROGRESSIVE CONSTRUCTION, INC., GROWTH DEVELOPMENT, LLC, VIBRANT REALTY, LLC, AJ PROPERTIES INTERNATIONAL, LLC, AJ PROPERTIES INTERNATIONAL SERIES 2, LLC, GROWTH HOLDINGS, LLC, GROWTH LUXURY HOMES, LLC, AND GROWTH LUXURY REALTY, LLC'S TO FILE REPLY IN SUPPORT OF THEIR MOTION TO DISMISS FIRST AMENDED COMPLAINT [ECF NO. 44] (Second Request)

         Plaintiff Nikkei Global Inc. (“Nikkei”), and Defendants Philippe Ziade, Jude Nassar, Appleton Properties, LLC, Z Leb Group, LLC, Progressive Construction, Inc., Growth Development, LLC, Vibrant Realty, LLC, AJ Properties International, LLC, AJ Properties International Series 2, LLC, Growth Holdings, LLC, Growth Luxury Homes, LLC, and Growth Luxury Realty, LLC (collectively, “Growth”), by and through their respective counsel, stipulate and agree as follows:

1. On October 18, 2018, Nikkei filed its Complaint [ECF No. 1] (the “Complaint”);
2. On November 19, 2018, Growth accepted service of the Complaint.
3. On January 4, 2019, Growth filed their Motion to Dismiss [ECF No. 23] and served Nikkei with the same.
4. On January 25, 2019, Nikkei filed a First Amended Complaint [ECF 39], which is permitted one time as a matter of course. See Fed.R.Civ.P. 15(a)(1)(B).
5. Due to the filing of the First Amended Complaint, Growth and Nikkei previously agreed, and the Court ordered, a withdrawal of the pending Motion to Dismiss because it had been mooted, in part, by Nikkei's filing of the First Amended Complaint [ECF 40].
6. On March 15, 2019, Growth filed their Motion to Dismiss First Amended Complaint and served Nikkei with the same [ECF 44].
7. Because of scheduling conflicts and other litigation commitments, Nikkei requested that its date for response to Growth's Motion to Dismiss First Amended Complaint be extended from March 29, 2019 through and including April 19, 2019. Counsel for Growth agreed to this extension.
8. On April 19, 2019, Nikkei filed its Opposition to Growth's Motion to Dismiss First Amended Complaint (Oral Argument Requested) [ECF 47].
9. Because of an upcoming trial for counsel of Growth, they requested that any Reply in Support of the Motion to Dismiss First Amended Complaint be filed on or before May 15, 2019. Counsel for Nikkei did not oppose this ...

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