Evergreen Research and Marketing, LLC v. Mystical Distributing Co.. Ltd

Filing 42

ORDER re 40 Interim Status Report. IT IS ORDERED that the parties shall have until September 20, 2015, in which to file an interim status report. IT IS FURTHER ORDERED that the parties shall comply with the requirements of LR 6-2 governing the required form of order for stipulations, ex parte, or unopposed motions in any future application for relief from the court. Signed by Magistrate Judge Peggy A. Leen on 8/10/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:15-cv-00318-JAD-PAL Document 40 Filed 08/05/15 Page 1 of 3

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TODD A. HIGGINS, ESQ.
Admitted Pro Hac Vice
Crosby & Higgins, LLP
New York State Bar No. 4038949
477 Madison Avenue, 6th Floor
New York, NY 10022
Telephone: [phone]
Fax: [phone]
[e-mail]
GARRY L. HAYES, ESQ.
Nevada State Bar No. 1540
MARTIN L. WELSH, ESQ.
Nevada State Bar No. 8720
LAW OFFICE OF HAYES & WELSH
199 N. Arroyo Grande Blvd., Suite 200
Henderson, Nevada 89074
Phone: [phone]
Fax: [phone]
[e-mail]; [e-mail]
Attorneys for Defendant/Counterclaimant,
MYSTICAL DISTRIBUTING CO., LTD.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EVERGREEN RESEARCH AND
MARKETING, LLC, a California limited
liability company,

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Case No.: 2:15-cv-00318-JAD-PAL

Plaintiff,

INTERIM STATUS REPORT

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v.
MYSTICAL DISTRIBUTING CO., LTD., a
Canadian limited partnership, and DOES 1-10,
inclusive,

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Defendants.
MYSTICAL DISTRIBUTING CO., LTD., a
Canadian limited partnership,
Counterclaimant,

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v.
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Case 2:15-cv-00318-JAD-PAL Document 40 Filed 08/05/15 Page 2 of 3

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EVERGREEN RESEARCH AND
MARKETING, LLC, a California limited
liability company,

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Counterdefendant.

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On July 31, 2015, a telephonic conference was held between counsel for

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Plaintiff/Counterdefendant, EVERGREEN RESEARCH AND MARKETING, LLC and

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counsel for Defendant/Counterclaimant, MYSTICAL DISTRIBUTING CO., LTD.,

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regarding the Interim Status Report pursuant to Local Rule 26-3.

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During the telephonic conference, the parties agreed that it is premature at this time to

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address the issues required by Local Rule 26-3. Discovery is progressing but the parties are

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unable to provide the time estimated for trial, or three alternative dates for trial, or whether or

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not trial will be proceeding or affected by substantive motions. The parties have entered into

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a Stipulation to Extend Discovery to allow the parties reasonable time and opportunity to

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conduct and complete meaningful discovery and dispositive motions.

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As set forth in detail in the Stipulation to Extend Discovery, several factors have

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resulted in delay in conducting discovery which necessitate extending all discovery and

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motion deadlines. Those factors include, but are not limited to, 1) the existence of a Motion

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for Leave to File a First Amended Complaint, the hearing of which is not set until August 31,

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2015 and which may or may not be granted; 2) document production that has taken more
time than anticipated; and 3) the Parties’ desire to explore negotiated settlement and the

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consequent need to control litigation costs.

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…

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…
…

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Case 2:15-cv-00318-JAD-PAL Document 40 Filed 08/05/15 Page 3 of 3

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Therefore, the Parties respectfully request that this Court continue the date for the

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filing of the Interim Status Report required by Local Rule 26-3 to September 30, 2015 or

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thereafter.

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Dated this 5th day of August, 2015

Dated this 5th day of August, 2015

CROSBY & HIGGINS

GORDON & REES LLP

_/s/Todd A. Higgins___________
TODD A. HIGGINS, ESQ.
Admitted Pro Hac Vice
477 Madison Avenue, 6th Floor
New York, NY 10022

_/s/William M. Rathbone________
WILLIAM M. RATHBONE, ESQ.
Admitted Pro Hac Vice
101 W. Broadway, Ste. 2000
San Diego, CA 92101

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LAW OFFICE OF HAYES & WELSH

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_/s/Martin L. Welsh____________
MARTIN L. WELSH, ESQ.
Nevada Bar No. 8720
199 N. Arroyo Grande Blvd., Ste. 200
Henderson, NV 89074

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__/s/Robert S. Larsen____________
ROBERT S. LARSEN, ESQ.
Nevada Bar No. 7785
3770 Howard Hughes Pkwy., Ste. 100
Las Vegas, NV 89169
Attorneys for Plaintiff/Counterdefendant,
EVERGREEN RESEARCH AND MARKETING,
LLC

Attorneys for Defendant/Counterclaimant,
MYSTICAL DISTRIBUTING CO., LTD.

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IT IS ORDERED that the parties shall have until September 20, 2015, in which to
file an interim status report.

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IT IS FURTHER ORDERED that the parties shall comply with the requirements
of LR 6-2 governing the required form of order for stipulations, ex parte, or
unopposed motions in any future application for relief from the court.
DATED this 10th day of August, 2015.

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_____________________________
Peggy A. Leen
United States Magistrate Judge

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