Miles et al v. Mergen et al
Filing
45
ORDER APPROVING 44 parties' Stipulation to extend the time for Plaintiff to respond to 37 Dain Rauscher's MOTION to Dismiss and 40 Defendant McBain's MOTION to Dismiss. ( Responses due by 3/23/2009.) Signed by Judge Larry R. Hicks on 3/5/09. (Copies have been distributed pursuant to the NEF - SL)
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1 Kevin N. Anderson, Esq. Nevada State Bar No. 4512 2 FABIAN & CLENDENIN, a Professional Corporation 3 601 South 10th Street, Ste. 102 Las Vegas, NV 89101 4 Telephone: (702) 233-4444 Facsimile: (702) 894-9466 5 E-mail: kanderson@fabianlaw.com 6 7 8 9 10 ESTATE OF MARY L. MILES, BY AND THROUGH ITS SPECIAL 11 ADMINISTRATORS (ROBERT E. MILES AND HOWARD M. MILES), 12 Plaintiff, 13 vs. 14 ESTATE OF HELEN S. MCBAIN, CAROL 15 MERGEN, ALEXANDRA MERGEN, ANDREW MERGEN, RBC DAIN 16 RAUSCHER INC., AND DOES 1-4 INCLUSIVE, 17 Defendants. 18 19 20 Plaintiff, the Estate of Mary L. Miles, by and through its Special Administrators Case No. 2:08-cv-00740 STIPULATION AND ORDER FOR EXTENSION OF TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS' MOTIONS TO DISMISS Attorneys for Plaintiff UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA
21 ("Plaintiff"), and defendants RBC Dain Rauscher, Inc., n/k/a RBC Capital Markets Corporation 22 23 24 25 26 27 28
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("Dain Rauscher"); and the Estate of Helen S. McBain, Carol Mergen, Alexandra Mergen, and Andrew Mergen (collectively, "McBain") stipulate and agree as follows: 1. 2008. Plaintiff filed its complaint captioned above (the "2008 Complaint") on June 9,
1
2.
In October 2008, the Plaintiff and Dain Rauscher and McBain agreed to extend
2 the time, through and including December 19, 2008, for Dain Rauscher and McBain to plead in 3 4 5 6 extend the time, through and including February 2, 2009, for Dain Rauscher and McBain to 7 plead in response to the 2008 Complaint. The order granting this stipulation was entered by the 8 Court. 9 4. These stipulations were entered into because another pending case before the response to the 2008 Complaint. The order granting this stipulation was entered by the Court. 3. In December 2008, the Plaintiff and Dain Rauscher and McBain agreed to
10 United States District Court for the District of Nevada in the matter styled, "Estate of Mary L. 11 12 13 14 Miles, by and through its Special Administrators (Robert E. Miles and Howard M. Miles), Plaintiff, v. Estate of Helen S. McBain, Carol Mergen, Alexandra Mergen, Andrew Mergen, RBC Dain Rauscher Inc., and Does 1 4 inclusive, Defendants," Case No. 2:06-cv-00593-
15 KJD-GWF (the "2006 Case"), was pending and had the potential to moot this action. 16 5. On January 16, 2009, the Court in the 2006 Case entered an order effectively
17 terminating the 2006 Case. 18 19 20 21 22 23 6. Thereafter, the Plaintiff and Dain Rauscher and McBain agreed to extend the
time, through and including February 17, 2009, for Dain Rauscher and McBain to plead in response to the 2008 Complaint. The order granting this stipulation was entered by the Court. 7. 8. Dain Rauscher and McBain both filed Motions to Dismiss on February 17, 2009. Plaintiff requests an additional two weeks in which to prepare its responses to
24 these Motions to Dismiss. 25 26 27 28
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9.
Dain Rauscher and McBain hereby agree to extend the time, through and
including March 23, 2009, for Plaintiff to respond to the Motions to Dismiss.
1
10.
This is the parties' first proposed stipulation and order with respect to the
2 deadline by which Plaintiff is to respond to the Motions to Dismiss. It is not submitted for the 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT JUDGE DATED: _________________________________ ______________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE DATED: March 5, 2009 Page 3 By: /s/ Kevin N. Anderson KEVIN N. ANDERSON Nevada Bar No. 4512 601 South Tenth Street #102 Las Vegas, Nevada 89101 Attorney for Plaintiffs Dated: March 4, 2009 By: /s/ Von S. Heinz VON S. HEINZ Nevada Bar No. 859 Suite 600 3993 Howard Hughes Parkway Las Vegas, Nevada 89169 Attorneys for Defendant RBC DAIN RAUSCHER INC. Dated: March 4, 2009 purpose of delay. FABIAN & CLENDENIN, P.C. LEWIS AND ROCA LLP
SOLOMON DWIGGINS & FREER By: /s/ Jeffrey P. Luszeck MARK A. SOLOMON Nevada Bar No. 0408 DANA A. DWIGGINS Nevada Bar No. 7049 JEFFREY P. LUSZECK Nevada Bar No. 9619 Suite 240 7881 W. Charleston Blvd. Las Vegas, Nevada 89117 Attorneys for Defendants Helen Carol Mergen, Individually, and as Trustee Of the Helen S. McBain 2000 Living Trust, Alexandra Mergen and Andrew Mergen Dated: March 4, 2009 IT IS SO ORDERED:
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