Hutchison v. Ethical Capital Partners

D. Nevada

Hutchison v. Ethical Capital Partners

DecidedApril 9, 2025

Docket2:24-cv-00673

StatusUnknown

This text of Hutchison v. Ethical Capital Partners (Hutchison v. Ethical Capital Partners) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hutchison v. Ethical Capital Partners, (D. Nev. 2025).

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1 || Rory T. Kay (NSBN 12416) John A. Fortin (NSBN 15221) 2 || MCDONALD CARANO LLP 2300 West Sahara Avenue, Suite 1200 3 || Las Vegas, Nevada 89102 Telephone: (702) 873-4100 4 || rkay@mcdonaldcarano.com jfortin@medonaldcarano.com Attorneys for Defendant 6 || Aylo Premium Ltd 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 10 || MELISSA HUTCHISON aka PHOENIX Case No. 2:24-cv-00673-GMN-BNW MARIE, an individual, 6 11 STIPULATION AND ORDER TO STAY Plaintiff, ALL DEADLINES 12 ge v. AND STIPULATION AND ORDER 13 EXTENDING BRIEFING DEADLINES ETHICAL CAPITAL PARTNERS, a foreign Bs 14 || entity; AYLO PREMIUM LTD., a foreign (FIRST REQUEST) Ea corporation; DM PRODUCTIONS, a foreign entity; DIGITAL PLAYGROUND, a foreign Ge entity; MIND GEEK USA <2 16|| INCORPORATED, a foreign entity; MG ee PREMIUM LTD, a foreign entity; DM 17 |} PRODUCTIONS, a foreign entity; DIGITAL PLAYGROUND, a foreign entity; DANNY 8 18 || MARTIN aka DANNY D, an individual; “ FRANK PETOSA an individual; RYAN 19 || HOGAN, an individual; MICHAEL WOODSIDE, an individual; and DOES 1 20 || through 50, 21 Defendants. 22 23 Under LR IA 6-1 and 6-2 and LR 7-1, Defendant Aylo Premium Ltd. (“Aylo”) and Plaintiff 24 || Melissa Hutchison aka Phoenix Marie (“Plaintiff”), by and through their attorneys, hereby agree 25 || and stipulate to the following: 26 1. Plaintiff filed her First Amended Complaint on May 3, 2024. ECF No. 9. 27 2. On October 31, 2024, the Court granted Aylo’s Motion to Dismiss Plaintiffs First 28 || Amended Complaint without prejudice. ECF No. 43.

1 3. On December 19, 2024, Plaintiff filed her Second Amended Complaint. ECF No. 2 || 53. 3 4. On March 26, 2025, Aylo timely filed its Motion to Dismiss Plaintiff's Seconc 4|| Amended Complaint (“Motion”). ECF No. 58. Aylo’s Motion raises several jurisdictiona 5 || arguments. See id. 6 5. Aylo and Plaintiff have met and conferred regarding Aylo’s Motion and they □□□□ 7 || agree that the matter meets Nevada’s three-part requirement for a stay to all deadlines in this matte: 8 || pending the outcome of Aylo’s Motion. See Kor Media Grp. LLC v. Green, 294 F.R.D. 579, 581] 9 || (D. Nev. 2013); see also Turner Broad Sys., Inc. v. Tracinda Corp., 175 F.R.D. 554, 555-56 (D 10 |] Nev. 1997). 11 6. As such, Aylo and Plaintiff stipulate and agree to stay all statutory and procedura 12 |} deadlines under Nevada law, the Fed. R. Civ. P., and the Court’s local rules as to Aylo until the 28 13 || Court resolves the pending motion to dismiss. 14 7. In addition to staying all deadlines pending resolution of Aylo’s motion to dismiss 15 || the Parties have met and conferred and agree that extending the time to brief the opposition and reply 16 || is warranted. 17 8. The Parties agree that Plaintiff's opposition, currently due April 9, 2025, should be 18 |} extended one week, to April 16, 2025. 19 9. The Parties additionally agree that Aylo’s reply brief should be extended by one week 20 || (.e., providing Aylo two weeks to file a reply) from the filing of Plaintiff's opposition on April 16 21 || 2025, such that the Reply will be due on April 30, 2025. 22 23 24 25 26 /// 27 28 ///

1 10. This stipulation is made in good faith and is not intended to cause any delay or 2 || prejudice any party. 3 Dated this 7" day of April, 2025. McDONALD CARANO LLP KERR SIMPSON ATTORNEYS AT LAW By: /s/ Rory T. Kay By:_/s/ George E. Robinson 6 Rory T. Kay (NSBN 12416) P. Sterling Kerr (NSBN 3978) John A. Fortin (NSBN 15221) George E. Robinson (NSBN 9667) 7 2300 West Sahara Avenue, Suite 1200 2900 W. Horizon Ridge Pkwy. Suite 200 Las Vegas, Nevada 89102 Henderson, Nevada 89052 Attorneys for Defendants Attorneys for Plaintiff Melissa Hutchisor 9 Aylo Premium Ltd aka Phoenix Marie 10 ou IT IS SO ORDERED. 12 A La ure kul 13 ITED STATES MAGISTRATE JUDGE 14 we DATED: 4/9/2025 15

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1 CERTIFICATE OF SERVICE 2 I hereby certify that on this 7" day of April, 2025, a true and correct copy 3 |} of STIPULATION AND ORDER TO STAY ALL DEADLINES was served via the United 4 || States District Court CM/ECF system on all parties or persons requiring notice. 6 By: /s/Leah Jennings 4 An employee of McDonald Carano LLP 9 10

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1 || Rory T. Kay (NSBN 12416) John A. Fortin (NSBN 15221) 2 || MCDONALD CARANO LLP 2300 West Sahara Avenue, Suite 1200 3 || Las Vegas, Nevada 89102 Telephone: (702) 873-4100 4 || rkay@mcdonaldcarano.com jfortin@medonaldcarano.com Attorneys for Defendant 6 || Aylo Premium Ltd 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 10 || MELISSA HUTCHISON aka PHOENIX Case No. 2:24-cv-00673-GMN-BNW MARIE, an individual, 6 11 STIPULATION AND ORDER TO STAY Plaintiff, ALL DEADLINES 12 ge v. AND STIPULATION AND ORDER 13 EXTENDING BRIEFING DEADLINES ETHICAL CAPITAL PARTNERS, a foreign Bs 14 || entity; AYLO PREMIUM LTD., a foreign (FIRST REQUEST) Ea corporation; DM PRODUCTIONS, a foreign entity; DIGITAL PLAYGROUND, a foreign Ge entity; MIND GEEK USA <2 16|| INCORPORATED, a foreign entity; MG ee PREMIUM LTD, a foreign entity; DM 17 |} PRODUCTIONS, a foreign entity; DIGITAL PLAYGROUND, a foreign entity; DANNY 8 18 || MARTIN aka DANNY D, an individual; “ FRANK PETOSA an individual; RYAN 19 || HOGAN, an individual; MICHAEL WOODSIDE, an individual; and DOES 1 20 || through 50, 21 Defendants. 22 23 Under LR IA 6-1 and 6-2 and LR 7-1, Defendant Aylo Premium Ltd. (“Aylo”) and Plaintiff 24 || Melissa Hutchison aka Phoenix Marie (“Plaintiff”), by and through their attorneys, hereby agree 25 || and stipulate to the following: 26 1. Plaintiff filed her First Amended Complaint on May 3, 2024. ECF No. 9. 27 2. On October 31, 2024, the Court granted Aylo’s Motion to Dismiss Plaintiffs First 28 || Amended Complaint without prejudice. ECF No. 43.

1 3. On December 19, 2024, Plaintiff filed her Second Amended Complaint. ECF No. 2 || 53. 3 4. On March 26, 2025, Aylo timely filed its Motion to Dismiss Plaintiff's Seconc 4|| Amended Complaint (“Motion”). ECF No. 58. Aylo’s Motion raises several jurisdictiona 5 || arguments. See id. 6 5. Aylo and Plaintiff have met and conferred regarding Aylo’s Motion and they □□□□ 7 || agree that the matter meets Nevada’s three-part requirement for a stay to all deadlines in this matte: 8 || pending the outcome of Aylo’s Motion. See Kor Media Grp. LLC v. Green, 294 F.R.D. 579, 581] 9 || (D. Nev. 2013); see also Turner Broad Sys., Inc. v. Tracinda Corp., 175 F.R.D. 554, 555-56 (D 10 |] Nev. 1997). 11 6. As such, Aylo and Plaintiff stipulate and agree to stay all statutory and procedura 12 |} deadlines under Nevada law, the Fed. R. Civ. P., and the Court’s local rules as to Aylo until the 28 13 || Court resolves the pending motion to dismiss. 14 7. In addition to staying all deadlines pending resolution of Aylo’s motion to dismiss 15 || the Parties have met and conferred and agree that extending the time to brief the opposition and reply 16 || is warranted. 17 8. The Parties agree that Plaintiff's opposition, currently due April 9, 2025, should be 18 |} extended one week, to April 16, 2025. 19 9. The Parties additionally agree that Aylo’s reply brief should be extended by one week 20 || (.e., providing Aylo two weeks to file a reply) from the filing of Plaintiff's opposition on April 16 21 || 2025, such that the Reply will be due on April 30, 2025. 22 23 24 25 26 /// 27 28 ///

1 10. This stipulation is made in good faith and is not intended to cause any delay or 2 || prejudice any party. 3 Dated this 7" day of April, 2025. McDONALD CARANO LLP KERR SIMPSON ATTORNEYS AT LAW By: /s/ Rory T. Kay By:_/s/ George E. Robinson 6 Rory T. Kay (NSBN 12416) P. Sterling Kerr (NSBN 3978) John A. Fortin (NSBN 15221) George E. Robinson (NSBN 9667) 7 2300 West Sahara Avenue, Suite 1200 2900 W. Horizon Ridge Pkwy. Suite 200 Las Vegas, Nevada 89102 Henderson, Nevada 89052 Attorneys for Defendants Attorneys for Plaintiff Melissa Hutchisor 9 Aylo Premium Ltd aka Phoenix Marie 10 ou IT IS SO ORDERED. 12 A La ure kul 13 ITED STATES MAGISTRATE JUDGE 14 we DATED: 4/9/2025 15

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1 CERTIFICATE OF SERVICE 2 I hereby certify that on this 7" day of April, 2025, a true and correct copy 3 |} of STIPULATION AND ORDER TO STAY ALL DEADLINES was served via the United 4 || States District Court CM/ECF system on all parties or persons requiring notice. 6 By: /s/Leah Jennings 4 An employee of McDonald Carano LLP 9 10

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