JL Beverage Company, LLC v. Fortune Brands Inc. et al

Filing 225

ORDER granting ECF No. 224 Motion to Extend Time : Reply to ECF No. 220 Response re ECF No. 209 Motion in Limine due by 2/24/2018. Signed by Judge Miranda M. Du on 2/12/2018. (Copies have been distributed pursuant to the NEF - DRM)

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Chad W. Miller
Ryan Gile
WEIDE &MILLER, LTD.
7251 W. Lake Mead Blvd., Suite 530
Las Vegas, NV 89128
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Colin C. Holley (pro hac vice)
HAMPTON HOLLEY LLP
2101 East Coast Highway, Suite 100
Corona del Mar, California 92625
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Plaintiff and Counter-Defendant,
JL Beverage Company, LLC
Edward T. Colbert (Admitted Pro Hac Vice)
ANDREWS KURTH KENYON LLP
1350 I Street, N.W., Suite 1100
Washington, D.C. 20005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Counsel for Defendants and Counter-Plaintiffs,
Beam Inc. and Jim Beam Brands Co.

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ADDITIONAL COUNSEL LISTED ON SIGNATURE PAGE

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JL BEVERAGE COMPANY, LLC,
a Nevada limited liability company,
Case No. 2:11-cv-00417-MMD-CWH
Plaintiff and Counter-Defendant,

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v.
BEAM INC., a Delaware corporation, and JIM
BEAM BRANDS CO., a Delaware corporation;
and DOES 1 through 10

CONSENT MOTION FOR
EXTENSION OF TIME
(First Request)

Defendant and Counter-Plaintiff

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A NDREWS K U RTH
K ENYON LLP

CONSENT MOTION FOR
EXTENSION OF TIME
:DC01:1163392.1

2:11-CV-00417-MMD-CWH

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Pursuant to Fed. R. Civ. Pro. 6(b), Defendants, Beam Inc. and Jim Beam Brands Co.,

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move the Court for an extension of time to file their reply brief to Plaintiff’s Opposition to

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Defendants’ Motion in Limine No. 1 (filed on 2/7/2018) until February 24, 2018. Defendants’

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counsel has conferred with Plaintiff’s counsel and Plaintiffs have consented to the relief sought in

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this motion. This is Defendants’ first request for an extension of time.

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1.

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to the joint schedule agreed to by the parties and approved by the Court, Plaintiff’s opposition to

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this motion was due on January 19, 2018 (D.I. 199).

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2.

On January 5, 2018, Defendants filed their Motion in Limine No. 1 (D.I. 208). Pursuant

Plaintiff failed to timely file a response to Defendants’ Motion in Limine No. 1 and on

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February 7, 2018 filed for a motion for extension of time (D.I. 221) which was granted (D.I. 222)

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accepting Plaintiff’s opposition as of February 7, 2018.

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3.

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on February 14, 2018.

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timely reply to Plaintiff’s opposition. Defendants were supposed to file any replies to their

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motions in limine as of January 26, 2018 (D.I. 199). However, Plaintiff’s belated filing of its

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opposition has caused the briefing schedule to overlap with deadlines from other cases.

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Specifically, Defendants’ counsel had depositions out of state in another case the week of

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February 5 (Heritage Capital Corp. et al. v. Christie’s, Inc. et.al., JAMS No. 1310023168

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(2017)). In addition, Defendants have a reply brief to a summary judgment motion due in the

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Trademark Trial and Appeal Board in another case on February 18, 2018 (Patron Spirits Int’l AG

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v. CB Spirits SARL, No. 91224686 (TTAB)) that will consume the entire week of February 12 to

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prepare. Pursuant to 37 C.F.R. § 2.127(e)(1), that deadline is non-extendable.

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5.

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their reply in support of Motion in Limine No. 1.

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6.

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commence on April 23, 2018, and the final pretrial conference has been reset to April 16, 2018.

Pursuant to LR 7-2(b), Defendants’ reply to their Motion in Limine No. 1 would be due

Due to preexisting conflicting obligations in other cases, Defendants will be unable to

As such, Defendants request a short extension of 10 days until February 24, 2018 to file

The short extension will not prejudice any party. The Court has rescheduled trial to

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A NDREWS K U RTH
K ENYON LLP

CONSENT MOTION FOR
EXTENSION OF TIME
DC01:1163392.1

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2:11-CV-00417-MMD-CWH

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See D.I. 219. As such, this short extension will not impact the Court’s existing pretrial and trial

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deadlines. Further, Plaintiff has consented to this short extension.

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In view of the above, Defendants respectfully submit that they have shown good cause for

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the grant of an extension. Affording Defendants additional time to respond to Plaintiff’s

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opposition to Defendants’ Motion in Limine No. 1 will not prejudice any of the parties and would

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be in the interests of justice. Defendants thus request that the extension be granted.

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A NDREWS K U RTH
K ENYON LLP

CONSENT MOTION FOR
EXTENSION OF TIME
DC01:1163392.1

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2:11-CV-00417-MMD-CWH

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Dated this 12th day of February, 2018.

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Respectfully submitted,
By: /s/ Edward T. Colbert
Edward T. Colbert (Admitted Pro Hac Vice)
William M. Merone (Admitted Pro Hac Vice)
Erik C. Kane (Admitted Pro Hac Vice)
ANDREWS KURTH KENYON LLP
1350 I Street, N.W.
Washington, D.C. 20005
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Jonathan W. Thomas (Admitted Pro Hac Vice)
ANDREWS KURTH KENYON LLP
One Broadway
New York, NY 10004
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Michael J. McCue (NV Bar 6055)
Jonathan W. Fountain (NV Bar 10351)
LEWIS ROCA ROTHGERBER CHRISTIE
LLP
3993 Howard Hughes Parkway; Suite 600
Las Vegas, Nevada 89169-5996
Telephone: (702) 949 – 8200
Facsimile: (702) 949 – 8398
Email: [e-mail]
[e-mail]

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Mark J. Liss (Admitted Pro Hac Vice)
Claudia W. Stangle (Admitted Pro Hac Vice)
LEYDIG, VOIT & MAYER LTD.
Two Prudential Plaza; Suite 4900
Chicago, Illinois 60601-6780
Telephone: (312) 616 – 5600
Facsimile: (312) 616 – 5700
Email: [e-mail]
[e-mail]

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Counsel for Defendants and Counter-Plaintiffs,
Beam Inc. and Jim Beam Brands Co.

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IT IS SO ORDERED:

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________________________________
UNITED STATES DISTRICT JUDGE

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February 12, 2018
DATED: ________________________

A NDREWS K U RTH
K ENYON LLP

CONSENT MOTION FOR
EXTENSION OF TIME
DC01:1163392.1

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2:11-CV-00417-MMD-CWH

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CERTIFICATE OF SERVICE
I hereby by certify that I am an employee of Andrews Kurth Kenyon LLP and that on
February 12, 2018, I served the foregoing CONSENT MOTION FOR EXTENSION OF
TIME via the Court’s CM/ECF filing system, which will serve a copy on all counsel of record
and parties of record.

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_/s/ Edward T. Colbert___________________

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A NDREWS K U RTH
K ENYON LLP

CONSENT MOTION FOR
EXTENSION OF TIME
DC01:1163392.1

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2:11-CV-00417-MMD-CWH