Holmes v. MGM Resorts International

1 || Nicole E. Lovelock, Esq.

Nevada State Bar No.11187 || Stephen A. Davis, Esq.

Nevada Bar No. 14185 || JONES LOVELOCK 6675 S Tenaya Way, Ste. 200 || Las Vegas, Nevada 89113 Telephone: (702) 805-8450 || Fax: (702) 805-8451 Email: [email protected] || Email: [email protected] || Attorneys for Plaintiff Diana Holmes 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA S 12 || DIANA HOLMES; CASE NO.: 2:20-cv-00576-RFB-BNW N Plaintiff, || v. STIPULATION AND ORDER TO ALLOW DEFENDANTS BELLAGIO, LLC AND BELLAGIO, LLC, a Nevada limited liability MGM RESORTS INTERNATIONAL company; MGM RESORTS INTERNATIONAL, ADDITIONAL TIME TO FILE 5 a foreign corporation; DOES I through X, and RESPONSES TO PLAINTIFF DIANA ROE BUSINESS ENTITIES I through X, inclusive, HOLMES’ AMENDED COMPLAINT 2A 17 Defendants. (FIRST REQUEST) 19 Plaintiff DIANA HOLMES (‘Plaintiff’), by and through her respective counsel of record || Nicole E. Lovelock, Esq. of Jones Lovelock, and Defendants BELLAGIO, LLC (“Bellagio”) an 21|}MGM RESORTS INTERNATIONAL (“MGM”) (hereinafter collectively referred to a || ‘“Defendants”), by and through their respective counsel of record, Kelly Kichline, Esq. of MGN || Resorts International, hereby agree and stipulate to extend the time for Defendants Bellagio an || MGM to file their responses to the Amended Complaint [Dkt. 30] from June 5, 2020 to June 1 || 2020.

26 Plaintiff filed the Amended Complaint [Dkt. 30] within twenty-one days after Defendant || filed motions to dismiss [Dkt. 21 & 22] that were made pursuant to Fed. R. Civ. P. 12(b). Fed. R || Civ. P. 15(a)(1)(B) permits parties to amend a complaint once as a matter of course within twenty || one days of a motion a under Rule 12(b), (e), or (f). Once filed, the amended complaint supersede || the original complaint in its entirety thereby mooting a motion to dismiss the original pleading. Se || Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997) (overruled on other grounds in Lace || v. Maricopa County, 693 F.3d 896, 928 (9th Cir. 2012)).

5 This extension is being requested in light of constraints placed on Defendants’ counsel du || to the state-wide and national events involving the Coronavirus (COVID-19) pandemic, including th || complete shutdown of Defendants’ operations. This unprecedented disruption of Defendants’ businesse 8 greatly impacted Defendants and their ability to conduct normal legal business. Further, th || Defendants expect to be in the midst of partially reopening under new public health and safety guidelines |} which will be another unprecedented undertaking. Additionally, due to personal medical reasons, □□□□□□ |} for Defendants will be unavailable on multiple business days between the date of the filing of thi S 12 || stipulation and June 3, 2020. = 13 This is the first request for an extension of time as to Defendants’ responses to the □□□□□□□ || Complaint [Dkt. 30]. This request is made in good faith and not for the purpose of delay.

SZ 15 DATED this 29" day of May 2020.

S 50 S 16 JONES LOVELOCK MGM RESORTS INTERNATIONAL By: /s/ Nicole E. Lovelock, Esq. By:/s/ Kelly Kichline, Esq. &S Nicole E. Lovelock, Esq. Dana Howell, Esq. ‘© 18 Nevada State Bar No. 11187 Nevada State Bar No. 11607 Stephen A. Davis, Esq. Kelly Kichline, Esq.

19 Nevada State Bar No. 14185 Nevada State Bar No. 10642 6675 S. Tenaya Way, Suite 200 6385 S. Rainbow Blvd., Suite 500 20 Las Vegas, Nevada 89113 Las Vegas, Nevada 89118 21 Attorneys for Plaintiff Diana Holmes Attorneys for Defendants Bellagio, LLC And MGM Resorts International IT IS SO ORDERED DATED: June 01, 2020 27 Sx Ls Are bat, 28|| BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE