Bartech Systems International, Inc. v. Mobile Simple Solutions, Inc. et al
Filing
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ORDER Denying 23 Motion to Stay and Denying 25 Motion for Hearing. Defendants may renew those motions no later than 1/25/2016. Any response shall be filed no later than 1/26/2016. Signed by Magistrate Judge Nancy J. Koppe on 01/22/2016. (Copies have been distributed pursuant to the NEF - NEV)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BARTECH SYSTEMS INTERNATIONAL, INC., )
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Plaintiff(s),
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vs.
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MOBILE SIMPLE SOLUTIONS, INC., et al.,
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Defendant(s).
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Case No. 2:15-cv-02422-MMD-NJK
ORDER
(Docket Nos. 23, 25)
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Pending before the Court are emergency motions to stay and for a “Rule 16 conference.” Docket
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Nos. 23, 25. Although not entirely clear, it appears the motions seek the stay of all proceedings,
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including deferring briefing and resolution of the pending motion for a preliminary injunction, until the
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Court holds the requested “conference.” See, e.g., Docket No. 23 at 2. The nature of this pretrial
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conference is not fully explained, although Defendants assert they wish to finalize a settlement and
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discuss terms of a preliminary injunction. See, e.g., id. Moreover, it is unclear why Defendants believe
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Court intervention is beneficial at this point, especially considering the undersigned has no previous
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experience with this newly-filed case while counsel apparently have significant experience. Compare
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Docket No. 1 (petition of removal filed December 18, 2015) with Docket No. 23 at 3 (“[t]he parties have
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litigated this case and engaged in discovery for nearly a year when Plaintiff petitioned to remove the
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instant matter to this Court”).1
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The Court generally does not order parties to appear for a settlement conference when a motion for
such a conference is opposed. See, e.g., Cornett v. Gawker media, LLC, 2014 U.S. Dist. Lexis 120214, *4
(D. Nev. Aug. 28, 2014) (quoting McCarty v. Roos, 2013 U.S. Dist. Lexis 139358 (D. Nev. Sept. 27, 2013)).
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In short, the pending motions are DENIED without prejudice. Defendants may renew those
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motions no later than January 25, 2016. Any renewed motion must more clearly indicate what relief
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Defendants seek from this Court, in addition to the request to delay the briefing and decision on the
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pending motion for preliminary injunction. To the extent Defendants seek a settlement conference, they
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need to clearly state that form of relief, explain why a settlement conference with the Court’s
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involvement is preferable to counsel seeking resolution among themselves, and why a settlement
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conference would not be a waste of party and judicial resources given it appears likely Plaintiff will
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oppose the request.2 Any response shall be filed no later than January 26, 2016.3
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IT IS SO ORDERED.
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DATED: January 22, 2016
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______________________________________
_____________________
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NANCY J. KOPPE
United States Magistrate Judge
ates Magistrate Judge
a istra
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Defendants’ counsel is required to meet-and-confer as to the requested relief prior to refiling
motion. See, e.g., Local Rule 7-5(d)(3) (all emergency motions must include a certification that, after
personal consultation and a sincere effort to do so, the movant has been unable to resolve the dispute). The
parties should file a stipulation seeking relief if Plaintiff does not oppose the request.
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Nothing herein should be construed as altering in any way the pending motion for preliminary
injunction, including the schedule on which it will be briefed and decided.
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