Microsoft Corporation v. Cheap Tech Guys LLC

Analise N. M. Tilton Nevada Bar No. 13185 Nicholas F. Adams Nevada Bar No. 14813 WOOD, SMITH, HENNING & BERMAN LLP 2881 Business Park Court, Suite 200 Las Vegas, Nevada 89128-9020 Phone: 702 251 4100 ♦ Fax: 702 251 5405 [email protected] [email protected] Attorneys for Defendant Cheap Tech Guys LLC UNITED STATES DISTRICT COURT DISTRICT OF NEVADA MICROSOFT CORPORATION, a Case No. 2:21-cv-00284-APG-VCF Washington Corporation, STIPULATION AND ORDER TO Plaintiff, EXTEND TIME FOR DEFENDANT, CHEAP TECH GUYS LLC TO RESPOND v. TO PLAINTIFF'S COMPLAINT CHEAP TECH GUYS LLC, a Nevada (FIRST REQUEST) Limited Liability Company, Trial Date: None Set Defendant.

STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANT, CHEAP TECH GUYS LLC TO RESPOND TO PLAINTIFF'S COMPLAINT (FIRST REQUEST) CHEAP TECH GUYS LLC (hereinafter "Defendant") and MICROSOFT CORPORATION (hereinafter "Plaintiff") (collectively, "the Parties") by and through their respective counsel, hereby stipulate and agree that Defendant, CHEAP TECH GUYS LLC shall have until April 15, 2021 to respond to Plaintiff's Complaint filed on February 19, 2021. See ECF No. 1. This extension would be the first extension of time granted for Plaintiff to respond to the Complaint.

I. Reasons For the Requested Extension Plaintiff filed its Complaint on February 19, 2021. See ECF No. 1. Subsequently, Defendant was served on March 8, 2021. See ECF No. 14. Thereby making the time to respond to the Complaint to the Complaint had expired.

When the counsel was retained for Defendant, counsel reached out to Plaintiff's counsel for an extension, which Plaintiff's counsel graciously granted.

Since Defendant's counsel was unable to prepare a response to Plaintiff's Complaint before they were retained, excusable neglect exists. Clark v. Coast Hotels & Casinos, Inc., 130 Nev. 1164 (2014) ("excusable neglect" applies to "instances where some external factor beyond a party's control affects the party's ability to act or respond as otherwise required").

Accordingly, the Parties stipulate and agree that Defendant, CHEAP TECH GUYS LLC shall have until April 15, 2021 to respond to Plaintiff's Complaint filed on February 19, 2021. See ECF No. 1.

DATED: April 13, 2021 WOOD, SMITH, HENNING & BERMAN LLP

By: /s/ Nicholas F. Adams ANALISE N. M. TILTON Nevada Bar No. 13185 NICHOLAS F. ADAMS Nevada Bar No. 14813 2881 Business Park Court, Suite 200 Las Vegas, Nevada 89128-9020 Phone: 702 251 4100 Attorneys for Defendant, Cheap Tech Guys LLC

DATED: April 13, 2021 GREENBERG TRAURIG, LLP

By: /s/ Christopher R. Miltenberger CHRISTOPHER R. MILTENBERGER Nevada Bar No. 10153 10845 Griffith Peak Drive, Suite 600 Las Vegas, Nevada 89135 Phone: 702 792 3773 Attorneys for Plaintiff, Microsoft Corporation 1 ORDER 2 The Court having reviewed the foregoing STIPULATION AND ORDER TO EXTEND || TIME FOR DEFENDANT, CHEAP TECH GUYS LLC TO RESPOND TO PLAINTIFF'S |} COMPLAINT (FIRST REQUEST) in the above-entitled matter and for good cause appearing || therefor: 6 IT IS SO ORDERED that Defendant, CHEAP TECH GUYS LLC shall have until April {| 15, 2021 to respond to Plaintiff's Complaint filed on February 19, 2021. See ECF No. 1.

4-13-2021 9 Dated: . . ce a at M U.S. MAGISTRATE JUDGE (12 SF a7

20772549.1:10836-0086 -3- Case No. 2:21-cv-00284-APG-VCF CERTIFICATE OF SERVICE I hereby certify that on this 13th day of April, 2021, a true and correct copy ofSTIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANT, CHEAP TECH GUYS LLC TO RESPOND TO PLAINTIFF'S COMPLAINT (FIRST REQUEST) was served via the United States District Court CM/ECF system on all parties or persons requiring notice.

By /s/ Johana Whitbeck Johana Whitbeck, an Employee of WOOD, SMITH, HENNING & BERMANLLP