Hutchison v. Ethical Capital Partners

District Court, D. Nevada

Hutchison v. Ethical Capital Partners

Trial Court Opinion

1 || Rory T. Kay (NSBN 12416) John A. Fortin (NSBN 15221) 2 || MCDONALD CARANO LLP 2300 West Sahara Avenue, Suite 1200 3 || Las Vegas, Nevada 89102 Telephone: (702) 873-4100 4 || [email protected] [email protected] Attorneys for Defendant 6 || Aylo Premium Ltd 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 10 || MELISSA HUTCHISON aka PHOENIX Case No. 2:24-cv-00673-GMN-BNW MARIE, an individual, 6 11 STIPULATION AND ORDER TO STAY Plaintiff, ALL DEADLINES 12 ge v. AND STIPULATION AND ORDER 13 EXTENDING BRIEFING DEADLINES ETHICAL CAPITAL PARTNERS, a foreign Bs 14 || entity; AYLO PREMIUM LTD., a foreign (FIRST REQUEST) Ea corporation; DM PRODUCTIONS, a foreign entity; DIGITAL PLAYGROUND, a foreign Ge entity; MIND GEEK USA <2 16|| INCORPORATED, a foreign entity; MG ee PREMIUM LTD, a foreign entity; DM 17 |} PRODUCTIONS, a foreign entity; DIGITAL PLAYGROUND, a foreign entity; DANNY 8 18 || MARTIN aka DANNY D, an individual; “ FRANK PETOSA an individual; RYAN 19 || HOGAN, an individual; MICHAEL WOODSIDE, an individual; and DOES 1 20 || through 50, 21 Defendants. 22 23 Under LR IA 6-1 and 6-2 and LR 7-1, Defendant Aylo Premium Ltd. (“Aylo”) and Plaintiff 24 || Melissa Hutchison aka Phoenix Marie (“Plaintiff”), by and through their attorneys, hereby agree 25 || and stipulate to the following: 26 1. Plaintiff filed her First Amended Complaint on May 3, 2024. ECF No. 9. 27 2. On October 31, 2024, the Court granted Aylo’s Motion to Dismiss Plaintiffs First 28 || Amended Complaint without prejudice. ECF No. 43.

1 3. On December 19, 2024, Plaintiff filed her Second Amended Complaint. ECF No. 2 || 53. 3 4. On March 26, 2025, Aylo timely filed its Motion to Dismiss Plaintiff's Seconc 4|| Amended Complaint (“Motion”). ECF No. 58. Aylo’s Motion raises several jurisdictiona 5 || arguments. See id. 6 5. Aylo and Plaintiff have met and conferred regarding Aylo’s Motion and they □□□□ 7 || agree that the matter meets Nevada’s three-part requirement for a stay to all deadlines in this matte: 8 || pending the outcome of Aylo’s Motion. See Kor Media Grp. LLC v. Green,

294 F.R.D. 579, 581

] 9 || (D. Nev. 2013); see also Turner Broad Sys., Inc. v. Tracinda Corp.,

175 F.R.D. 554, 555-56

(D 10 |] Nev. 1997). 11 6. As such, Aylo and Plaintiff stipulate and agree to stay all statutory and procedura 12 |} deadlines under Nevada law, the Fed. R. Civ. P., and the Court’s local rules as to Aylo until the 28 13 || Court resolves the pending motion to dismiss. 14 7. In addition to staying all deadlines pending resolution of Aylo’s motion to dismiss 15 || the Parties have met and conferred and agree that extending the time to brief the opposition and reply 16 || is warranted. 17 8. The Parties agree that Plaintiff's opposition, currently due April 9, 2025, should be 18 |} extended one week, to April 16, 2025. 19 9. The Parties additionally agree that Aylo’s reply brief should be extended by one week 20 || (.e., providing Aylo two weeks to file a reply) from the filing of Plaintiff's opposition on April 16 21 || 2025, such that the Reply will be due on April 30, 2025. 22 23 24 25 26 /// 27 28 ///

1 10. This stipulation is made in good faith and is not intended to cause any delay or 2 || prejudice any party. 3 Dated this 7" day of April, 2025. McDONALD CARANO LLP KERR SIMPSON ATTORNEYS AT LAW By: /s/ Rory T. Kay By:_/s/ George E. Robinson 6 Rory T. Kay (NSBN 12416) P. Sterling Kerr (NSBN 3978) John A. Fortin (NSBN 15221) George E. Robinson (NSBN 9667) 7 2300 West Sahara Avenue, Suite 1200 2900 W. Horizon Ridge Pkwy. Suite 200 Las Vegas, Nevada 89102 Henderson, Nevada 89052 Attorneys for Defendants Attorneys for Plaintiff Melissa Hutchisor 9 Aylo Premium Ltd aka Phoenix Marie 10 ou IT IS SO ORDERED. 12 A La ure kul 13 ITED STATES MAGISTRATE JUDGE 14 we DATED: 4/9/2025 15

ta 17 8 18 19 20 21 22 23 24 25 26 27 28

1 CERTIFICATE OF SERVICE 2 I hereby certify that on this 7" day of April, 2025, a true and correct copy 3 |} of STIPULATION AND ORDER TO STAY ALL DEADLINES was served via the United 4 || States District Court CM/ECF system on all parties or persons requiring notice. 6 By: /s/Leah Jennings 4 An employee of McDonald Carano LLP 9 10

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Reference

Status
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