Steelman Partners LLP v. Sanya Gaosheng Investment Company Ltd.

Filing 47

ORDER granting 46 Joint Motion to Stay Action Pending Settlement Discussions and Mediation for an additional 30 days. Signed by Magistrate Judge George Foley, Jr on 5/31/11. (Copies have been distributed pursuant to the NEF - ECS)

1
2
3
4
5
6

Michael J. McCue (Nevada Bar #6055)
Jonathan W. Fountain (Nevada Bar #10351)
LEWIS AND ROCA LLP
3993 Howard Hughes Pkwy., Suite 600
Las Vegas, Nevada 89169
[phone] (tel.)
[phone] (fax)
Attorneys for Defendant
SANYA GAOSHENG INVESTMENT
COMPANY, LTD.

7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11

STEELMAN PARTNERS, a Nevada limited
liability partnership,
Plaintiff,

12
13
14
15
16

vs.
SANYA GAOSHENG INVESTMENT
COMPANY LTD., a Hong Kong corporation,

Case No. 2:09-CV-1016-ECR-(GWF)
JOINT MOTION AND PROPOSED
ORDER TO STAY ACTION PENDING
SETTLEMENT DISCUSSIONS AND
MEDIATION
(Second Request)

Defendant.

17

Plaintiff Steelman Partners (“Plaintiff”) and Defendant Sanya Gaosheng Investment

18

Company Ltd. (“Defendant”), by and through their attorneys of record, jointly move the Court to

19

stay this action for an additional period of thirty (30) days so they can continue to pursue good-

20

faith settlement negotiations and a mediation of their dispute.

21

On March 24, 2011, this Court granted the parties’ joint request to stay this action. As part

22

of that order, the Court indicated that granting of any further requests for stay would depend on the

23

parties demonstrating that they diligently pursued settlement within the period of the initial stay.

24

Subsequent to the Court’s order, the parties diligently pursued settlement negotiations. As

25

part of these negotiations, the parties exchanged a series of letters that extensively addressed the

26

merits of the claims and damages sought. Through this correspondence, the parties have made

27

progress toward reaching a settlement of this action.

28

However, due to the parties’ schedules and that of their respective counsel, as well as the

1

fact that this is an international dispute involving parties who speak different languages, progress

2

has been much slower than expected. Nevertheless, the parties believe that an additional thirty-

3

day stay of this action to allow settlement negotiations to continue would be beneficial and may

4

result in the settlement of this case.
Accordingly, the parties jointly request that the Court enter an order staying this action for

5
6

an additional thirty (30) days.
Dated: this 27th day of May, 2011.

7

Respectfully submitted,

8
9
10
11
12
13
14
15
16

By:

/s/ Jonathan W. Fountain

By:

LEWIS AND ROCA LLP
Michael J. McCue (Nevada Bar #6055)
Jonathan W. Fountain (Nevada Bar #10351)
3993 Howard Hughes Pkwy., Suite 600
Las Vegas, Nevada 89169
[phone] (tel.)
[phone] (fax)

/s/ James E. Dallner

LATHROP & GAGE LLP
Phillip S. Lorenzo (admitted pro hac vice)
Michael G. Martin (admitted pro hac vice)
James E. Dallner (admitted pro hac vice)
950 17th Street, Suite 2400
Denver, Colorado 80202
[phone] (tel.)
[phone] (fax)

Attorneys for Defendant
SANYA GAOSHENG INVESTMENT
COMPANY, LTD.

Attorneys for Plaintiff
STEELMAN PARTNERS LLP

17
18

IT IS SO ORDERED:

19

21

___________________________________________
UNITED STATES DISTRICT JUDGE
GEORGE FOLEY, JR.
United States Magistrate Judge

22

May 31, 2011
Date: ______________________________________

20

23
24
25
26
27
28
-2-