Cenegenics, LLC v. Gaines

Opinion

1 F. Christopher Austin, Esq. Nevada Bar No. 6559 2 caustin@weidemiller.com WEIDE & MILLER, LTD. 3 10655 Park Run Drive, Suite 100 Las Vegas, NV 89144 4 Tel: (702) 382-4804 Fax: (702) 382-4805 5 6 DANIEL LUSTIG, ESQ. (pro hac vice forthcoming) Florida Bar No. 059225 7 daniel@pikelustig.com DOMINIQUE J. TORSIELLO, ESQ. (pro hac vice forthcoming) 8 Florida Bar No. 0125143 9 dt@pikelustig.com PIKE & LUSTIG, LLP 10 1209 North Olive Avenue West Palm Beach, Florida 33401 11 Tel: (561) 855-7585 Fax: (561) 855-7710 12 Attorneys for Defendants, DR. RICHARD GAINES and 13 LIFEGAINES MEDICAL AND ANESTHETICS, LLC 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16 CENEGENICS, LLC, 17 Case No.: 2:19-cv-01797 18 Plaintiff, 19 v. STIPULATION AND ORDER FOR EXTENSION OF TIME TO ANSWER 20 DR. RICHARD GAINES, THE ANTI- OR OTHERWISE RESPOND TO THE AGING GROUP, LLC, a Florida limited COMPLAINT 21 liability company, SEXUAL MD 22 SOLUTIONS, LLC, a Florida limited (First Request) liability company dba GAINSWAVE, AESTHETICS, LLC, a Florida limited 24 liability company, AND HORMONE 26 Defendants. 27 Pursuant to Federal Rule of Civil Procedure 6(b)(1) and Local Rule 1A 6-1, Plaintiff 1 Aesthetics, LLC (“LifeGaines”) (collectively, the “Defendants”), by and through their respective 2 counsel of record, Brownstein Hyatt Farber Schreck, LLP, on behalf of Plaintiff, and Weide & 3 Miller, Ltd., appearing on behalf of Defendants, hereby agree and stipulate for an extension of 4 time for the Defendants to file and serve their answer or other responses to the Complaint from 5 the current deadline of November 7, 2019, up to and including November 18, 2019. This is the 6 first request by the parties for such an extension. 7 Good cause for this request exists to provide the parties with time to continue in good faith 8 settlement discussions. On October 15, 2019, Plaintiff filed its Complaint against Defendants 9 alleging: i) Federal Trademark Infringement; ii) Trademark Infringement pursuant to Nevada 10 Common Law; iii) Federal Unfair Competition; iv) Deceptive Trade Practice Under NRS Chapter 11 598; v) Defamation/Defamation Per Se; and, vi) Business Disparagement. 12 Thereafter, on October 17, Defendants were served with a copy of the Complaint; thus, a 13 response to the Complaint is due on or before November 7, 2019. 14 Undersigned counsel was recently retained to represent Defendants as local counsel as Pro 15 Hac Vice applications of Daniel Lustig, Esq. and Dominique Torsiello, Esq. are pending before 16 this Court. 17 Counsel for Defendants are in need of additional time to fully investigate the allegations 18 made against Defendants and respond to the Complaint alleging six (6) separate causes of action. 19 Federal Rules of Civil Procedure 6(b) provides in pertinent part that “[w]hen an act may or must 20 be done within a specified time, the court may, for good cause, extend the time: (A) … if request 21 is made, before the time or its extension expires ….” Fed. R. Civ. P. 6(b). 22 Indeed, “[u]nder Federal Rule of Civil Procedure 6(b), the court may, for good cause, 23 extend a deadline if a request is made “before the original time or its extension expires …. The 24 Ninth Circuit has equated good cause with the exercise of due diligence.” Maxson v. H&R Block, 25 Inc., Case No.: 2:16-cv-00152-APG-CWH, 2017 WL 1078633, at *2 (D. Nev. Mar. 21, 2017) 26 (citations omitted). 27 Since being retained, counsel has been acting diligent in preparing the appropriate Pro Hac 1 || However, additional time is needed to properly investigate such allegations and draft an 2 || appropriate response to the Complaint. 3 For the foregoing reasons, the parties hereby stipulate to extend the deadline for the Defendants to answer or otherwise respond to the Complaint from November 7, 2019, to 5 || November 18, 2019. 6 DATED: November 7, 2019. 7 IT IS SO AGREED AND STIPULATED: 8 BROWNSTEIN HYATT FARBER SCHRECK, WEIDE & MILLER, LTD. LLP 9 By: 4s/ F. Christopher Austin By: /s/ Michael D. Rounds F. Christopher Austin, Esq. 10 Michael D. Rounds, Esq. Nevada Bar No. 6559 Nevada Bar No. 4734 caustin@ weidemiller.com 11 mrounds @ bhfs.com 10655 Park Run Drive, Suite 100 Maximilien D. Fetaz, Esq. Las Vegas, NV 89144 12 Nevada Bar No. 12737 (702) 382-4804 mfetaz@ bhfs.com 13 100 North City Parkway, Suite 1600 Daniel Lustig, Esq. (pro hac vice forthcoming) Las Vegas, NV 89106-4614 daniel @ pikelustig.com 14 (702) 382-2101 Dominique J. Torsiello, Esq. (pro hac vice . forthcoming) 15 jontheoming) Esq. (pro hac vice dt@ pikelustie.com 16 mdmurphey@ bwslaw.com bee th one Aue BURKE, WILLIAMS & SORENSEN, LLP ont ve avenue 17 : : West Palm Beach, Florida 33401 1851 East First Street, Suite 1550 (561) 855-7585 18 Santa Ana, CA 92705-4067 19 (949) 863-3363 Attorneys for Defendants, DR. RICHARD , GAINES and LIFEGAINES MEDICAL AND Attorneys for Plaintiff ANESTHETICS, LLC 21 22 23 IT ISSO ORDERED: 24 ; Bs : □ - < . 29 UNITED STATES MAGISTRATE JUDGE 26 DATED: 11-15-2019 27 28 & MILLER, LTD. PARK RUN DR.,