Hutchison v. Ethical Capital Partners

1 || Rory T. Kay (NSBN 12416) John A. Fortin (NSBN 15221) || MCDONALD CARANO LLP 2300 West Sahara Avenue, Suite 1200 || Las Vegas, Nevada 89102 Telephone: (702) 873-4100 || [email protected] [email protected] Attorneys for Defendant || Aylo Premium Ltd 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA || MELISSA HUTCHISON aka PHOENIX Case No. 2:24-cv-00673-GMN-BNW MARIE, an individual,, 6 1] STIPULATION AND ORDER STAYING Plaintiff, ALL STATUTORY AND PROCEDURAL 12 DEADLINES FOR DEFENDANT AYLO v. PREMIUM LTD ETHICAL CAPITAL PARTNERS, a foreign AND Bs 14 || entity; AYLO PREMIUM LTD., a foreign Ea corporation; DM PRODUCTIONS, a foreign STIPULATION AND ORDER entity; DIGITAL PLAYGROUND, a foreign EXTENDING PLAINTIFF’S TIME TO GS entity; MIND GEEK USA RESPOND TO DEFENDANT AYLO <2 INCORPORATED, a foreign entity; MG PREMIUM LTD’S MOTION TO DISMISS ee PREMIUM LTD, a foreign entity; DM |} PRODUCTIONS, a foreign entity; DIGITAL AND PLAYGROUND, a foreign entity; DANNY 8 18 || MARTIN aka DANNY D, an individual; STIPULATION AND ORDER FRANK PETOSA an individual; RYAN EXTENDING DEFENDANT AYLO || HOGAN, an individual; MICHAEL PREMIUM LTD’S REPLY BRIEF WOODSIDE, an individual; and DOES 1 || through 50,, (FIRST REQUEST) 21 Defendants.

23 Under LR IA 6-1 and 6-2 and LR 7-1, Plaintiff Melissa Hutchison aka Phoenix Marie || (‘Plaintiff’) and Defendant Aylo Premium Ltd (“Aylo”), by and through their attorneys, hereby || agree and stipulate to the following: 26 1. On February 15, 2024, Plaintiff filed a Complaint in the Eighth Judicial Distric || Court, Case No. A-24-887250-C, naming twelve defendants, including Defendants Frank Petosa || Michael Woodside, and Ryan Hogan (the “Removing Defendants”).

1 2. On April 5, 2024, the Removing Defendants filed a Notice of Removal to this Court || [ECF No. 1].

3 3. The Removing Defendants served Notice of Removal on Plaintiff's counsel on Apri || 9, 2024.

5 4. On May 3, 2024, Plaintiff filed her First Amended Complaint (“FAC”). [ECF No || 9].

7 5. On May 31, 2024, the Removing Defendants accepted service of the summons anc |} complaint. [ECF No. 12].

9 6. On July 1, 2024, the Removing Defendants filed their Motion to Dismiss the FAC || [ECF No. 13].

11 7. Therein, the Removing Defendants made several jurisdictional arguments. See id. 12 8. On July 15, 2024, after the Removing Defendants and Plaintiff stipulated, the Cour 13 || ordered all statutory and procedural deadlines stayed under Nevada law, the Fed. R. Civ. P., and the |} Court’s local rules as to the Removing Defendants until the Court resolves the pending motion tc |} dismiss. [ECF No. 16].

16 9. The Parties stipulated, and the Court Ordered a 24-day extension until August 23 || 2024, for Aylo to file its responsive pleading. [ECF No. 22].

18 10. On August 23, 2024, Aylo, filed its motion to dismiss and raised several jurisdictiona || arguments. [ECF No. 27].

20 11. The Parties have met and conferred regarding Aylo’s Motion and they each agree tha || the matter meets Nevada’s three-part requirement for a stay to all deadlines in this matter pending || the outcome of Aylo’s Motion. See Kor Media Grp. LLC v. Green, 294 F.R.D. 579, 581 (D. Nev || 2013); see also Turner Broad Sys., Inc. v. Tracinda Corp., 175 F.R.D. 554, 555-56 (D. Nev. 1997).

24 12. As such, the Parties stipulate and agree to stay all statutory and procedural deadline: || under Nevada law, the Fed. R. Civ. P., and the Court’s local rules as to Aylo until the Court resolve: || the pending motion to dismiss.

28 /// 1 13. In addition to stipulating and agreeing to stay all deadlines, the Parties stipulated anc || agreed to a seven (7) day extension (i.e., September 13, 2024) for Plaintiff to file an opposition tc || Aylo’s Motion.

4 14. The Parties likewise stipulated and agreed to a seven (7) day extension (i.e. || September 27, 2023) for Aylo to reply to Plaintiff's opposition.

6 15. This is the first request to extend the deadline for Plaintiff to oppose Aylo’s motior || to dismiss and this is the first request to extend the deadline for Aylo to file a reply brief.

8 16. These requests for extensions of time is not intended to cause any delay or prejudice g || any party.

10 Dated this 5th day of September, 2024.

6 11 |} McDONALD CARANO LLP KERR SIMPSON ATTORNEYS AT 2s LAW &s By: /s/ Rory T. Kay By: /s/ George E. Robinson 13 Rory T. Kay (NSBN 12416) P. Sterling Kerr, Esq. (NSBN 3978) John A. Fortin (NSBN 15221) George E. Robinson (NSBN 9667) 14 2300 West Sahara Avenue, Suite 1200 2900 W. Horizon Ridge Pkwy. Suite 200 33 Las Vegas, Nevada 89102 Henderson, Nevada 89052 a Attorneys for Defendants Attorneys for Plaintiff Melissa Hutchison ake Aylo Premium Ltd Phoenix Marie g IB ITISSO D.

0 UNITED TES DISTRICT JUDGE 21 DATED eptember 6, 2024