Karajelian v. Affinity Lifestyles.com, Inc.

1 Jason W. Williams Nevada Bar No. 8310 [email protected] Susana Santana Nevada Bar No. 13753 [email protected] WOOD, SMITH, HENNING & BERMAN LLP 2881 Business Park Court, Suite 200 Las Vegas, Nevada 89128-9020 Phone: 702 251 4100 ♦ Fax: 702 251 5405 Attorneys for Affinity Lifestyles.Com, Inc. d/b/a Real Water UNITED STATES DISTRICT COURT DISTRICT OF NEVADA, SOUTHERN DIVISION MICHELLE KARAJELIAN, TRACI ELLIS, Case No. 2:21-cv-00465-JAD-EJY MINDY CHARUSARN on behalf of themselves and all others similarly situated, 14 STIPULATION AND ORDER TO: Plaintiffs, 15 (1)WITHDRAW PLAINTIFFS' PENDING v. MOTION FOR ENTRY OF DEFAULT 16 AGAINST AFFINITY AFFINITY LIFESTYLES.COM, INC., d/b/a LIFESTYLES.COM, INC. d/b/a REAL REAL WATER WATER (ECF NO. 17); AND 3773 Howard Hughes Pkwy Suite 500S (2)GRANT AFFINITY Las Vegas, Nevada, 89169 LIFESTYLES.COM, INC. d/b/a REAL 19 WATER AN EXTENSION OF TIME TO Serve Registered Agent: ANSWER THE COMPLAINT (ECF NO. 1) 20 InCorp Service, Inc. TO JULY 9, 2021 3773 Howard Hughes Pkwy 21 Suite 500S Las Vegas, Nevada, 89169, Trial Date: None Set Defendant.

24 STIPULATION AND ORDER TO (1) WITHDRAW PLAINTIFFS' PENDING MOTION FOR ENTRY OF DEFAULT AGAINST AFFINITY LIFESTYLES.COM, INC. d/b/a REAL WATER AND GRANT AFFINITY LIFESTYLES.COM, INC., d/b/a REAL WATER AN EXTENSION OF TIME TO ANSWER THE COMPLAINT TO JULY 9, 2021 27 AFFINITY LIFESTYLES.COM, INC. d/b/a REAL WATER (hereinafter "Defendant") and MICHELLE KARAJELIAN, TRACI ELLIS, MINDY CHARUSARN on behalf of themselves and all others similarly situated (hereinafter "Plaintiffs") (collectively "the Parties"), by and through their respective counsel, hereby stipulate and agree that Plaintiffs will withdraw their pending Motion for Entry of Default Against Defendant (ECF No. 17). The parties further stipulate that Defendant shall have until July 9, 2021 to file an answer to Plaintiffs' Complaint (ECF No. 1).

5 I. Reasons For Withdrawal of Motion for Entry of Default and the Requested 6 Extension 7 Plaintiffs filed their Complaint on March 22, 2021. See ECF No. 1. Defendant was served with the Complaint on April 14, 2021. See ECF No. 9. A response to the Complaint was due on May 5, 2021. Plaintiff filed its Motion for Entry of Default (ECF No. 17) on May 27, 2021. Defendant was initially represented by the Law Firm of Thorndal Armstrong Delk Balkenbush & Eisinger, PC.

11 Subsequently, the Law Firm of Wood, Smith, Henning & Berman, LLP was retained to represent Defendant on or about June 8, 2021-after the time to respond to the Complaint had expired and once Plaintiffs' Motion for Entry of Default (ECF No. 17) was already pending before the Court.

14 When the Law Firm of Wood, Smith, Henning & Berman, LLP was retained for Defendant, counsel reached out to Plaintiffs' counsel for an extension, which Plaintiffs' counsel graciously granted until July 9, 2021.

17 Since Defendant's counsel was unable to prepare a response to Plaintiffs' 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").

21 / / / / / / / / / / / / / / / / / / / / / ] Accordingly, the Parties stipulate and agree that Defendant, AFFINITY || LIFESTYLES.COM, INC., d/b/a REAL WATER, shall have until July 9, 2021 to answer Plaintiffs’ |} Complaint filed on March 22, 2021. See ECF No. 1. Plaintiffs further agree to withdraw their || pending Motion for Entry of Default, ECF No. 17.

5 |} DATED: June 10, 2021 WOOD, SMITH, HENNING & BERMAN LLP By: /s/ Jason W. Williams 8 JASON W. WILLIAMS Nevada Bar No. 8310 9 SUSANA SANTANA Nevada Bar No. 13753 10 2881 Business Park Court, Suite 200 Las Vegas, Nevada 89128-9020 1] 8 Attorneys for Affinity Lifestyles.Com, Inc., d/b/a Real Water 38 DATED: June 10, 2021 WISE LAW FIRM, PLC

> 16 By: /s/ David Hilton Wise DAVID HILTON WISE, ESQ.

NF 47 Nevada Bar No. 11014 Court Street 18 Reno, Nevada 89501 19 Attorneys for Plaintiffs >] IT IS SO ORDERED.

2 J 10, 2021 _ June 10, 3 Dated: .

25 U.S. MAIGIST E/ JUDGE 21322959.1:05472-0861 -3- Case No. 2:21-cv-00465 STIPULATION AND ORDER TO (1) WITHDRAW PLAINTIFFS' PENDING MOTION FOR ENTRY OF DEFAULT