Le Petomane XXVII, Inc. v. American Pacific Corporation

MICHAEL C. HETEY, ESQ.

Nevada Bar No. 5668 HAROLD J. ROSENTHAL, ESQ.

Nevada Bar No. 10208 THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER 1100 East Bridger Avenue Las Vegas, NV 89101-5315 Mail To: P.O. Box 2070 Las Vegas, NV 89125-2070 Tel.: (702) 366-0622 Fax: (702) 366-0327 [email protected] [email protected] Attorneys for Defendant, AMERICAN PACIFIC CORPORATION UNITED STATES DISTRICT COURT DISTRICT OF NEVADA LE PETOMANE XXVII, INC., an Illinois corporation, not individually, but solely in its Case No. 2:21-cv-01166-APG-NJK representative capacity as trustee of the Nevada Environmental Response Trust, STIPULATION AND ORDER FOR Plaintiff, EXTENSION OF TIME FOR DEFENDANT AMERICAN PACIFIC vs. CORPORATION TO RESPOND TO PLAINTIFF’S COMPLAINT (FIRST AMERICAN PACIFIC CORPORATION, a REQUEST) Nevada corporation, Defendant.

STIPULATION AND ORDER FOR EXTENSION OF TIME FOR DEFENDANT AMERICAN PACIFIC CORPORATION TO RESPOND TO PLAINTIFF’S COMPLAINT (FIRST REQUEST) This is the First Request to extend the time for Defendant to respond to Plaintiff’s Complaint. Defendant, American Pacific Corporation (“Defendant”), by and through its counsel, Thorndal Armstrong Delk Balkenbush & Eisinger, and Plaintiff, Le Petomane XXVII, Inc. solely in its representative capacity as trustee of the Nevada Environmental Response Trust (“Plaintiff”), by and through its counsel, Fennemore Craig, P.C. and Foley & Lardner LLP (Pro Hac Vice), hereby stipulate to allow Defendant a two (2) week extension to respond to Plaintiff’s Complaint. Plaintiff filed its Complaint on June 21, 2021 and served Defendant with its Complaint on June 24, 2021 making the current due date July 15, 2021. Plaintiff and Defendant submitted a stipulation to the Court on July 12, 2021, stipulating to a two (2) week extension of time to file a responsive pleading extending the time to July 29, 2021, but the stipulation was denied without prejudice by the Court on July 13, 2021, citing a request for additional information and compliance with Local Rule IA 6-1(a).

Pursuant to Local Rule IA 6-1(a), the basis for this first request stipulation for an additional two-week time period to prepare and file a responsive pleading to Plaintiff’s Complaint, is that Defendant is engaging additional counsel who will be joining the defense.

The additional counsel require the additional requested two (2) week time period to July 29,

2021, to assist with preparation of responsive pleadings. Said counsel will be applying for Pro Hac status in the near future as well.

Based upon the foregoing, Plaintiff and Defendant herby stipulate that Defendant ma file and serve its responsive pleading on or before July 29, 2021. || Dated this 13th day of July 2021. Dated this 13th day of July 2021.

FENNEMORE CRAIG, P.C. THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER Il /s/ Josh Reid /s/ Michael C. Hetey JOSH REID, ESQ. MICHAEL C. HETEY, ESQ. } Nevada Bar No. 7497 Nevada Bar No. 5668 300 South 4" Street, Suite 1400 HARRY J. ROSENTHAL, ESQ.

Las Vegas, Nevada 89101 Nevada bar No. 10208 42 1100 East Bridger Avenue (Pro Hac Vice) Las Vegas, Nevada 89101 ERIC L. MAASSEN, ESQ. Attorneys for Defendant, WILLIAM J. MCKENNA, ESQ. AMERICAN PACIFIC CORPORATION, a TANYA C. O’NEILL, ESQ. Nevada corporation FOLEY & LARDNER LLP East Wisconsin Avenue Milwaukee, Wisconsin 53202 47 Attorneys for Plaintiff, LE PETOMANE XXVII, INC. solely in its representative capacity as trustee of the NEVADA ENVIRONMENTAL RESPONSE TRUST ORDER IT IS SO ORDERED.

Dated: July 14, 2021 LPS UNITED STATES. ISTRATE JUDGE