Blackwelder v. Thornton et al

Filing 77

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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