WEH Magic Valley Holdings v. EIH Parent et al

Filing 215

ORDERED: Defendant EIH Parent, LLC shall have to and including August 16, 2019, to file an amended complaint and brief in support. (See order) Plaintiff shall have to and including August 30, 2019, to file an answer to the amended complaint. Please see order for complete details and deadlines. Additional hearings and conferences to address relevant case issues will be set by further order of the Court as may be necessary and appropriate. Signed by Judge Sam E Haddon on 8/7/2019. (HEG)

8/7/2019

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

WEH Magic Valley Holdings, LLC, a
limited liability corporation,
No. CV-15-50-H-SEH
Plaintiff,
vs.

ORDER

EIH Parent, LLC, a limited liability
company, and James Carkulis, an
individual,
Defendant.
On August 6, 2019, the Court conducted a status conference to consider and
establish a specific program, timetable, and schedule for address and disposition of
issues on remand remaining for resolution identified in the Memorandum of the
United States Court of Appeals for the Ninth Circuit, filed June 6, 2019.
Upon the record made it open court,
ORDERED:
I.

Defendant EIH Parent, LLC ("EIH") shall have to and including

August 16, 2019, in which to file an amended complaint for what Defendant EIH

asserts to be a compulsory counterclaim against Plaintiff for certain "distributions"
now due and owing by Plaintiff to Defendant EIH, liability for which distributions
did not accrue until 2018 after this action was filed and pending.
2.

Plaintiff shall have to and including August 30, 2019, in which to file

an answer to the amended complaint.
3.

Defendant EIH is directed to file, on or before August 16, 2019, a

brief in support of its position that discovery and potential motion practice related
to the compulsory counterclaim identified in paragraph 1 will be necessary and
appropriate and that trial of the breach of contract claim of Plaintiff WEH Magic
Valley Holdings, LLC against Defendant EIH Parent, LLC and the fraud claim of
PlaintiffWEH Magic Valley Holdings, LLC against Defendant James Carkulis
should be delayed pending address and resolution of anticipated discovery and
motion practice which will be directed to the amended complaint for the
distributions described in paragraph .1.
4.

Plaintiff shall have to and including August 30, 2019, in which to file

a brief in response to Defendant EIH' s brief that will be due on or before August
16, 2019. An optional reply brief by Defendant EIH shall be due on or before
September 20, 2019.
5.

Each party shall have to and including August 23, 2019, in which to

file a brief in support of its position on the issue of whether the pending breach of

contract and fraud claims should be tried together or separated for trial. Response
briefs from both parties shall be due on or before September 6, 2019. Optional
reply briefs shall be due on or before September 20, 2019.
6.

Additional hearings and conferences to address relevant case issues

will be set by further order of Court as may be necessary and appropriate.

DATED this

7iy

of August, 2019.

~-fa'W
United States District Judge