Opinion
2:21-cv-00465-JAD-EJY
06-10-2021
MICHELLE KARAJELIAN, TRACI ELLIS, MINDY CHARUSARN on behalf of themselves and all others similarly situated, Plaintiffs, v. AFFINITY LIFESTYLES.COM, INC., d/b/a REAL WATER 3773 Howard Hughes Pkwy Suite 500S Las Vegas, Nevada, 89169 Serve Registered Agent InCorp Service, Inc 3773 Howard Hughes Pkwy Suite 500S Las Vegas, Nevada, 89169, Defendant.
Jason W. Williams Susana Santana Wood, Smith, Henning & Berman LLP Attorneys for Affinity Lifestyles.Com, Inc. d/b/a Real Water WISE LAW FIRM, PLC DAVID HILTON WISE, ESQ.
Jason W. Williams
Susana Santana
Wood, Smith, Henning & Berman LLP
Attorneys for Affinity Lifestyles.Com, Inc. d/b/a Real Water
WISE LAW FIRM, PLC
DAVID HILTON WISE, ESQ.
STIPULATION AND ORDER TO: (1) WITHDRAW PLAINTIFFS' PENDING MOTION FOR ENTRY OF DEFAULT AGAINST AFFINITY LIFESTYLES.COM, INC. d/b/a REAL WATER (ECF NO. 17); AND (2) GRANT AFFINITY LIFESTYLES.COM, INC. d/b/a REAL WATER AN EXTENSION OF TIME TO ANSWER THE COMPLAINT (ECF NO. 1) TO JULY 9, 2021
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).
I. Reasons For Withdrawal of Motion for Entry of Default and the Requested Extension
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. 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.
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.
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").
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.
IT IS SO ORDERED.