Blackwelder v. Thornton et al
Filing
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ORDER. IT IS ORDERED that the following discovery plan and scheduling order deadlines shall apply: Discovery due by 7/9/2018. Motions due by 8/8/2018. Proposed Joint Pretrial Order due by 9/7/2018. IT IS FURTHER ORDERED Aecos shall have until 6 /1/18 to retain counsel who shall make an appearance in this case in accordance with the requirements of the Local Rules of practice unless it has executed a settlement agreement and applied to the New Jersey Court in which the receivership is pending for approval. Signed by Magistrate Judge Peggy A. Leen on 4/16/2018. (Copies have been distributed pursuant to the NEF - ADR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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DONALD BLACKWELDER,
Case No. 2:15-cv-02373-JAD-PAL
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Plaintiff,
v.
ORDER
CHARLES THORNTON, et al.,
Defendants.
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The court conducted a status hearing on April 10, 2018 regarding the parties’ possible
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settlement of this matter. Steven Parsons appeared on behalf of plaintiff, pro se defendant Brian
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Howells appeared telephonically, and Nicholas Wieczorek appeared on behalf of the remaining
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defendants.
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Plaintiffs’ counsel received financial information from Mr. Howells and indicates it will
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take approximately 60 days to assess whether plaintiff intends to proceed with claims against
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Howells. Plaintiff and Thornton have been in the process of finalizing their settlement but do not
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yet have an executed agreement. Plaintiff and the New Jersey Receiver for Aecos believe they
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have an agreement in principal, but the agreement is dependent on the terms of the
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Blackwelder/Thornton settlement agreement. The Receiver will need to see the final executed
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agreement before settling with the plaintiff, and will need to seek approval of any settlement
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reached between plaintiff and Aecos from the New Jersey court in which the receivership action
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is pending. Mr. Howell may oppose the settlement in New Jersey if it involves transferring
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intellectual property rights to plaintiff.
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This case has languished on the court’s docket for far too long. The court will enter a final
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discovery plan and scheduling order giving the parties 90 days from the hearing to complete any
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remaining discovery and set other deadlines consistent with LR 26-1. No further extensions will
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be allowed. Any request for further extension should be filed as a motion/objection addressed to
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the district judge to overrule this court’s ruling that no further extension will be granted.
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The court has addressed the fact that Aecos is a corporation but is not represented by
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counsel since December 1, 2017 on several occasions. The parties have urged the court not to
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recommend case dispositive sanctions to the district judge because it may prevent the parties from
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reaching a settlement. Dispositive sanctions will be recommended if plaintiff and Aecos have
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not executed a signed agreement and applied to the New Jersey court for approval by June
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1, 2018. Accordingly,
IT IS ORDERED that the following discovery plan and scheduling order deadlines shall
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apply:
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1. Deadline to complete discovery: July 9, 2018.
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2. Last date to file dispositive motions: August 8, 2018.
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3. Last date to file joint pretrial order: September 7, 2018. In the event dispositive
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motions are filed, the date for filing the joint pretrial order shall be suspended until 30
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days after a decision of the dispositive motions.
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4. The disclosures required by Fed. R. Civ. P. 26(a)(3), and any objections thereto, shall
be included in the pretrial order.
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IT IS FURTHER ORDERED that no further extensions will be allowed, and any request
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for further extension shall be filed as a motion or objection addressed to the district judge to
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overrule this order.
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IT IS FURTHER ORDERED Aecos shall have until June 1, 2018 to retain counsel who
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shall make an appearance in this case in accordance with the requirements of the Local Rules of
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practice unless it has executed a settlement agreement and applied to the New Jersey Court in
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which the receivership is pending for approval.
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DATED this 16th day of April, 2018.
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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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