Prescott v. Slide Fire Solutions, LP

Opinion

1 || JAMES D. BOYLE, ESQ. Nevada Bar No. 08384 2 || Email: jboyle@nevadafirm.com F. THOMAS EDWARDS, ESQ. 3 |) Nevada Bar No. 09549 Email: tedwards@nevadafirm.com 4 || HOLLEY DRIGGS WALCH FINE WRAY PUZEY & THOMPSON 5 | 400 South Fourth Street, Suite 300 Las Vegas, Nevada 89101 6 || Phone: 702/791-0308 Fax: 702/791-1912 7 JEFFREY MALSCH, ESQ. 8 || (Admitted Pro Hac Vice) E-mail: jmalsch@pmlegalfirm.com 9 || DANNY C. LALLIS, ESQ. (Admitted Pro Hac Vice) 10 || E-mail: dlallis@pmlegalfirm.com PISCIOTTI MALSCH PC || 30 Columbia Turnpike, Suite 205 Florham Park, New Jersey 07932 12 || Phone: (973) 245-8100 13 || Attorneys for Defendant Slide Fire Solutions, LP 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16 DEVON PRESCOTT, individually and on | CASE NO.: 2:18-cv-00296-GMN-GWF 17 behalf of all those similarly situated; BROOKE FREEMAN, individually and on behalf of all 18 |) those similarly situated, STIPULATION AND ORDER TO DEFER 19 DEFENDANT SLIDE FIRE SOLUTIONS, Plaintiffs, LP.’S DEADLINE TO RESPOND TO 20 PLAINTIFFS’ FIRST AMENDED CLASS VS. ACTION COMPLAINT 21 SLIDE FIRE SOLUTIONS, LP, a Foreign | (SECOND REQUEST) 22 | Corporation; DOE MANUFACTURERS 1 — 3 100, inclusive; and ROE RETAILERS 1- 100, inclusive, 24 Defendants. 25 26 Pursuant to LR IA 6-1, Plaintiffs DEVON PRESCOTT and BROOKE FREEMA 27 |) (“Plaintiffs”), and Defendant SLIDE FIRE SOLUTIONS, LP (“Defendant”), by and through th 28 || parties’ respective counsel, hereby STIPULATE AND AGREE as follows:

1 1. Plaintiffs filed their First Amended Class Action Complaint (the “FAC”) o 2 |} October 8, 2018 (ECF No. 29). . 3 2. On October 19, 2018, this Court granted a Stipulation and Order to Extend and Se 4 || Briefing Schedule Regarding Defendant Slide Fire Solutions, L.P.’s Response to Plaintiffs’ Firs 5 || Amended Class Action Complaint (First Request) (ECF No. 32) (the “MTD”). 6 3. Defendant filed its Motion to Dismiss the First Amended Class Action Complain 7 Pursuant to Rule 12(b)(6) on November 2, 2018 (ECF No. 34). Plaintiffs filed a response to thi motion (ECF No. 35) and Defendant filed its reply in support thereof (ECF No. 36). 9 4. On September 26, 2019, this Court entered an Order as to the MTD (ECF No. 58) (the “MTD Order”). In its MTD Order, this Court: (a) dismissed four claims of the FAC wit ° prejudice; (b) dismissed six claims of the FAC without prejudice, with leave to amend; and (c) sustained one claim of the FAC. See MTD Order, at 30:16-25. "2 5. Pursuant to Fed. R. Civ. P. 12(a)(4)(A), Defendants’ responsive pleading to the sol 13 remaining claim of the FAC is presently due on or before October 10, 2019. 14 6. Pursuant to the MTD Order, Plaintiffs were granted through October 17, 2019 to 15 ll file a Second Amended Complaint to address those claims of the FAC which were dismisse 16 || without prejudice and with leave to amend. . 17 7. Insofar as the deadline for Defendants to respond to the sole remaining claim of th 18 || FAC precedes the deadline for Plaintiffs to file a Second Amended Complaint, and further insofa 19 }| as counsel for Plaintiffs has indicated that Plaintiffs intend to file a Second Amended Complain 20 || on or before October 17, 2019, counsel agree to the following: 21 a. The deadline for Defendants to file a responsive pleading to the FAC, if any, 22 shall be extended by and through November 1, 2019. 23 b. If Plaintiffs file a Second Amended Complaint on or before October 17, 2019 4 as permitted in the MTD Order, Defendants shall not be required to file 25 responsive pleading to the FAC; and 76 c. If Plaintiffs file a Second Amended Complaint on or before October 17, 2019 as permitted in the MTD Order, Defendants shall file a responsive pleading o

3g motion to the Second Amended Complaint on or before November 8, 2019.

1 This is the second extension requested in connection with submission of a responsiv 2 |) pleading to the FAC. The purpose of requesting this extension is due to the overlapping deadlines 3 || set under the MTD Order and Fed. R. Civ. P. 12(b)(4)(A). An extension of time and possibl 4 || vacating of the deadline for Defendants to respond to the FAC, based on the filing of a Secon 5 || Amended Complaint, will conserve judicial and client resources and tailor focused pleadings to 6 the operative pleading that is ultimately presented to this Court for adjudication. 7 For these reasons, the parties respectfully request that this Court approve the foregoin stipulation. 9 DATED this 9th day of October, 2019. DATED this 9th day of October, 2019.

10 EGLET PRINCE HOLLEY DRIGGS WALCH FINE PUZEY STEIN & THOMPSON 11 /s/ Robert Eglet /s/ James D. Boyle 12 ROBERT T. EGLET, ESQ. (NBN 3402) JAMES D. BOYLE, ESQ. (NBN 8384) ROBERT M. ADAMS, ESQ. (NBN 6551) F. THOMAS EDWARDS, ESQ. (NBN 9549) 13 || RICHARD K. HY, ESQ. (NBN 12406) 400 South Fourth Street, Suite 300 14 400 South 7" Street, 4" Floor Las Vegas, Nevada 89101 Las Vegas, Nevada 89101 15 BRADLEY CENTER TO PREVENT GUN PISCIOTTI MALSCH, PC 16 VIOLENCE JEFFREY MALSCH, ESQ. (PHV) 17 JONATHAN E. LOWY, ESQ. (PVH) DANNY C. LALLIS, ESQ. (PHV) 18 840 15" Street, NE, #400 30 Columbia Turnpike, Suite 205 Washington, DC 20002 Florham Park, New Jersey 07932 19 Telephone: 202-370-8104 Attorneys for Defendant 20 Attorneys for Plaintiffs Slide Fire Solutions, LP 21 22 23 ORDER 24 IT IS SO ORDERED. 25 LK pn le Are %6 UNITED STATES DISTRICT JUDGE / UNITED STATES MAGISTRATE JUDGE 27 28

1 CERTIFICATE OF SERVICE 2 Pursuant to FRCP 5(b), I certify that on the 9"" day of October, 2019, I caused the 3 || document entitled STIPULATION AND ORDER TO DEFER DEFENDANT SLIDE FIRE 4 || SOLUTIONS, LP.’S DEADLINE TO RESPOND TO PLAINTIFFS’ FIRST AMENDED 5 || CLASS ACTION COMPLAINT, to be served as follows: 6

g Robert T. Eglet, Esq. Plaintiffs Devon oO Personal Service Robert M. Adams, Esq. Prescott and Brooke m= Email/E-File 9 Erica D. Entsminger, Esq. Freeman, and all those | a Fax Service EGLET PRINCE similarly situated oO © Mail Service 10 400 South Seventh Street, Suite 400 Las Vegas, Nevada 89101 11 Jonathan E. Lowy, Esq. Plaintiffs Devon o «Personal Service 12 BRADY CENTER TO PREVENT | Prescott and Brooke m = Email/E-File GUN VIOLENCE Freeman, and all those |o Fax Service 13 840 1° Street, NE #400 similarly situated oO © Mail Service Washington, D.C. 20002 14 15 16 17 18 Kaate MaceDusge . An Empl of Holley Driggs Walch Fine 19 Puzey Stein & Thompson 20 21 22 23 24 25 26 27 28