Bartech Systems International, Inc. v. Mobile Simple Solutions, Inc. et al

Filing 431

ORDER approving ECF No. 430 Stipulation: Proposed Joint Pretrial Order due by 3/13/2018. Signed by Magistrate Judge Nancy J. Koppe on 12/14/2017. (Copies have been distributed pursuant to the NEF - KR)

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Michael R. Kealy,
Nevada Bar No. 971
Ashley C. Nikkel,
Nevada Bar No. 12838
PARSONS BEHLE & LATIMER
50 W. Liberty Street, Suite 750
Reno, Nevada 89501
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
– and –

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Gregory T. Lawrence, Esq.
(Admitted Pro Hac Vice)
Kyle S. Kushner, Esq.
(Admitted Pro Hac Vice)
CONTI FENN & LAWRENCE LLC
36 S. Charles Street, Suite 2501
Baltimore, Maryland 21201
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff/Counter-Defendant
BARTECH SYSTEMS INTERNATIONAL, INC.
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BARTECH SYSTEMS INTERNATIONAL,
INC., a Delaware corporation,
Plaintiff,

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PARSONS
BEHLE &
LATIMER

vs.
MOBILE SIMPLE SOLUTIONS, INC., a
Delaware corporation, MOBILE SIMPLE
SOLUTIONS (IAS), INC., a Canadian
corporation, GEM SA, a Belgian corporation,
VINCENT TESSIER, an individual,
CHRISTELLE PIGEAT, an individual,
Defendants.

Case No. 2:15-cv-02422-MMD-NJK
STIPULATION AND ORDER FOR
EXTENSION OF JOINT PROPOSED
PRETRIAL ORDER DEADLINE
(Seventh Request)

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MOBILE SIMPLE SOLUTIONS, INC., a
Delaware corporation, VINCENT TESSIER,
an individual, CHRISTELLE PIGEAT, an
individual, GEM SA, a Belgian corporation,

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Counterclaimants,

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vs.

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BARTECH SYSTEMS INTERNATIONAL,
INC., a Delaware corporation,

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Counterdefendant.
Pursuant to the provisions of Federal Rule of Civil Procedure 6 and Local Rules IA 6-1, 7-1,
and 26-4, Plaintiff and Counter-defendant Bartech Systems International, Inc. (“Bartech”) and
Defendant and Counterclaimant GEM SA (“GEM”), by and through their attorneys, hereby
stipulate and agree that an extension by ninety (90) days to March 13, 2018 of the deadline for
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submission of the proposed Joint Pretrial Order presently set for December 13, 2017 is necessary for

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good cause shown. This is the seventh request for an extension of a scheduled deadline.

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STIPULATION
GEM and Bartech jointly agree that an extension by ninety (90) days to March 13,2018 of
2017
the deadline for submission of the proposed Joint Pretrial Order presently set for December 13,
2017 is necessary for good cause shown. A Motion to extend a deadline set by a Scheduling Order
must be supported by a showing of “good cause.” Fed. R. Civ. P. 6(b)(1)(A); see also LR 26-4.

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This Court’s Scheduling Order set the deadline for submission of the proposed Joint Pretrial Order

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presently scheduled for December 13, 2017. Order (ECF No. 332 at 1). That deadline cannot

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reasonably be met by the parties due to discovery authorized by this Court that remains to be

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completed. In addition, the deadline for submission of the proposed Joint Pretrial Order cannot
reasonably be met until resolution of the parties’ ongoing dispute concerning written discovery.

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PARSONS
BEHLE &
LATIMER

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Discovery authorized by this Court that remains to be completed includes the depositions of

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GEM’s corporate designee and expert. See Order (ECF No. 426) (granting Bartech’s request for a

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deposition of GEM’s expert); Min. of Proc. (ECF No. 423) (noting this Court’s oral Order
compelling GEM’s corporate designee deposition in Las Vegas, Nevada).
Moreover, this Court issued an Order providing a schedule for the submission to this Court

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7 of the parties’ dispute concerning written discovery. See Order (ECF No. 415 at 2-3). The parties
8 must meet and confer by December 29, 2017. Id. at 2. The parties must then file a joint statement
9 regarding each discovery request for which a dispute exists after the meet and confer.
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Id.

Therefore, the parties’ ongoing dispute concerning written discovery will not be resolved before the
December 13, 2017 deadline for the submission of the proposed Joint Pretrial Order.

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The foregoing discovery authorized by the Court must be taken and the foregoing discovery

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dispute must be resolved before the parties are positioned to file the proposed Joint Pretrial Order.

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That is because the proposed Joint Pretrial Order requires the parties to, among other things, identify

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exhibits and specific portions of deposition transcripts to be offered at trial. See LR 16-3(b)(8),

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(10). The parties are unable to delineate exhibit lists until the universe of potential exhibits is

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defined by resolution of the parties’ written discovery dispute. Likewise, the parties are unable to
designate specific portions of deposition transcripts to be offered at trial where certain depositions
remain to be taken.
CONCLUSION

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For the foregoing reasons, GEM and Bartech jointly agree that an extension by ninety (90)

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days to March 13, 2018 of the deadline for submission of the proposed Joint Pretrial Order presently
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scheduled for December 13, 2017 is necessary for good cause shown.

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PARSONS
BEHLE &
LATIMER

///
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DATED: December 13, 2017

DATED: December 13, 2017

PARSONS BEHLE & LATIMER

GREENE INFUSO, LLP

/s/ Michael R. Kealy
Michael R. Kealy, Esq.
Nevada Bar No. 971
Ashley C. Nikkel, Esq.
Nevada Bar No. 12838
50 W. Liberty Street, Suite 750
Reno, Nevada 89501
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
– and –

/s/ Michael V. Infuso
(Signed by filing attorney with
with permission of counsel)
Michael V. Infuso, Esq.
Nevada Bar No. 7388
Keith W. Barlow, Esq.
Nevada Bar No. 12689
3030 South Jones Boulevard, Suite 101
Las Vegas, Nevada 89146
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]

CONTI FENN & LAWRENCE LLC

Attorneys for Defendant/Counterclaimant

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Gregory T. Lawrence, Esq.
(Admitted Pro Hac Vice)
Kyle S. Kushner, Esq.
(Admitted Pro Hac Vice)
CONTI FENN & LAWRENCE LLC
36 S. Charles Street, Suite 2501
Baltimore, MD 21201
Telephone: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff/Counter-defendant
For good cause shown, the joint pretrial order deadline is extended to March 13,
IT IS SO ORDERED:
2018.

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IT IS SO ORDERED.

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Dated: December 14, 2017

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_____________________________________
UNITED STATES DISTRICT JUDGE
_________________________________
UNITED STATES MAGISTRATE JUDGE
DATED: ______________________________

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PARSONS
BEHLE &
LATIMER

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