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Aerodynamics Inc. v. Caesars Entertainment Operating Company, Inc.

United States District Court, D. Nevada

December 16, 2019

AERODYNAMICS INCORPORATED, a Michigan corporation; ADI HOLDINGS COMPANY, INC., a Georgia corporation, Plaintiffs,
v.
CAESARS ENTERTAINMENT OPERATING COMPANY, INC., a Delaware corporation; STEVEN MARKHOFF, an individual; INTERNATIONAL MANAGEMENT SOLUTIONS LLC, a Delaware corporation; VIA AIRLINES, INC., a Colorado corporation; VIA AIR, LLC, a Delaware corporation; and AMOS VIZER, an individual, Defendants.

          PISANELLI BICE PLLC James J. Pisanelli, Esq., Debra L. Spinelli, Esq., M. Magali Mercera, Esq., Attorneys for Caesars Entertainment Operating Company, Inc.

          BUCHALTER, a Professional Corporation C. Dana Hobart, Esq., HEJMANOWSKI &MCCREA Paul Hejmanowski, Esq., Attorneys for Plaintiffs

          BROWNSTEIN HYATT FARBER SCHRECK, LLP Frank M. Flansburg III, Esq., Troy P. Domina, Esq., Attorneys for Defendants Steven Markhoff and International Management Solutions LLC

          BITMAN O'BRIEN & MORAT, PLLC Ronnie J. Bitman, Esq., Lake Mary, Matthew T. Dushoff, Esq., KOLESAR & LEATHAM Attorneys for Defendants Via Airlines, Inc., Via Air, LLC, and Amos Vizer

          STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO PLAINTIFFS' MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF VIA AIRLINES, INC. (ECF NO. 320) (SECOND REQUEST)

         Plaintiffs Aerodynamics Incorporated and ADI Holdings Company, Inc. (collectively "Plaintiffs") by and through their undersigned counsel, and Defendants Caesars Entertainment Operating Company, Inc. ("Caesars"); Steven Markhoff and International Management Solutions, LLC (collectively "Markhoff"); and Via Air, LLC and Amos Vizer (collectively "Via" or the "Via Entities"), by and through their undersigned counsel, hereby state as follows:

         1. On November 26, 2019, Plaintiffs filed their Motion for Voluntary Dismissal without Prejudice of Via Airlines, Inc. (ECF No. 320) (the "Motion to Dismiss").

         2. The Parties previously agreed to modify the briefing schedule to allow Caesars, Markhoff, and the Via Entities additional time to file their responses to the Motion to Dismiss and the current deadline to respond to the Motion to Dismiss is Friday, December 13, 2019.

         3. This is the second stipulation to modify the briefing schedule.

         4. The parties have agreed to modify the briefing schedule to allow Caesars and Markhoff a brief extension, until Monday, December 16, 2019, to file their responses to the Motion to Dismiss.

         5. Via Airlines, LLC will not be filing a response/objection to the Motion to Dismiss and the Via Entities are not taking a position as to the Motion to Dismiss.

         6. The parties have further agreed that Plaintiffs shall have up to and including, Monday, December 23, 2019, to file their reply in support of the Motion to Dismiss.

         In light of the foregoing, the Parties STIPULATE AND AGREE, subject to this Court's approval, as follows:

         1. That the time for Caesars and Markhoff to respond to the Motion to Dismiss shall be extended;

         2. Caesars and Markhoff shall have up to and including Monday, December 16, 2019 to ...


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