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

Filing 85

ORDER granting ECF No. 84 Unopposed Motion to Suspend Local Rules for a Limited Purpose. Signed by Magistrate Judge Nancy J. Koppe on 5/4/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BARTECH SYSTEMS INTERNATIONAL,
INC., a Delaware corporation,
Plaintiff/Counter-defendant,

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v.

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MOBILE SIMPLE SOLUTIONS, INC., a
Delaware corporation, MOBILE SIMPLE
SOLUTIONS (IAS), INC., a Canadian
corporation, VINCENT TESSIER, an
individual, CHRISTELLE PIGEAT, an
individual,

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PARSONS
BEHLE &
LATIMER

Defendants/Counterclaimants.

Case No. 2:15-cv-02422-MMD-NJK
UNOPPOSED MOTION TO SUSPEND
LOCAL RULES FOR A LIMITED
PURPOSE

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Pursuant to Local Rule IA 1its attorneys, moves this Court for a suspension of the Local Rules

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in the interests of justice and

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judicial economy for the limited purpose of allowing Bartech to re-file its Motion for a Preliminary
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Injunction, Reply in support thereof, and supporting declarations and exhibits concurrently with its
Renewed Motion to Seal pursuant to

. See ECF Nos. 16, 17, 47, 67,

8 68, 71, 72, 80.1 In particular, New Local Rules IA 7-3, IA 10-1, IA 10-3, IA 10-5, 7-3 each require
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Bartech to alter the contents of its Motion for a Preliminary Injunction, originally filed January 14,
2016, and Reply in support thereof, originally filed February 16, 2016, as well as supporting

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declarations and exhibits associated with these filings. ECF Nos. 16, 47. The Court has already held
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a two-

s Motion for a Preliminary Injunction, thus a suspension of

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the New Local Rules would serve the interests of justice and judicial economy by enabling the Court

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to rule on the Motion for a Preliminary Injunction as briefed and argued before the Court. This Motion

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is based upon the following Memorandum of Points and Authorities.

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DATED: May 3, 2016

PARSONS BEHLE & LATIMER

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Nevada Bar No. 971
Nevada Bar No. 12838

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PARSONS
BEHLE &
LATIMER

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Defendants do not oppose this Motion.
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M EM ORANDUM OF POI NTS AND AUTHORI TI ES

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I.
BACK GROUND

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PARSONS
BEHLE &
LATIMER

II.
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L EGAL ARGUM ENT

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See ECF Nos. 16, 17, 47, 67, 68, 71, 72, 80.

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In particular, New Local Rules IA 7-3, IA 10-1, IA 10-3, IA 10-5, 7-3 each require Bartech to

8 alter the content of the above filings. For example, Bartech originally filed its thirty (30) page Motion
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for a Preliminary Injunction in compliance with the prior version of the Local Rules. The New Local

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prior limit of thirty (30) pages to the new limit of twenty-four (24) pages. L.R. 7-3. Moreover, Bartech

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attached relevant excerpts of deposition transcripts to its Motion for a Preliminary Injunction and
referenced the original pagination of same in its Memorandum of Points and Authorities. See, e.g.,

15 ECF No. 16 at 7 & Exs. 4, 5. New Local Rule IA 10-1(a)(5) requires all filed documents to be
16 numbered consecutively, which, if applied, would cause confusion because the excerpts attached by
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Bartech contain four (4) pages of testimony per one (1) page of each exhibit.2

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, Reply in

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support thereof, and supporting declarations and exhibits would thus require substantial revision of a
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fully briefed and argued motion that has already been the subject of a two-day evidentiary hearing

22 before the Court. Therefore, the interests of justice and judicial economy are best served by a
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suspension of the New Local Rules to enable Bartech to re-file its Motion for a Preliminary Injunction

24 and Reply in support thereof, as well as attendant supporting declarations and exhibits, without altering
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the contents of these documents.

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PARSONS
BEHLE &
LATIMER

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The prior iteration of New Local Rule IA 10-1(a)(5), then labeled Local Rule 10-1, excepted exhibits from
the consecutive pagination requirement.

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For the foregoing reasons, Bartech respectfully requests that this Court grant its Unopposed
Motion to Suspend the Local Rules for a Limited Purpose.
DATED: May 3, 2016

PARSONS BEHLE & LATIMER

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Nevada Bar No. 971
Nevada Bar No. 12838

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UNITED STATES MAGISTRATE JUDGE

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May 4, 2016

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PARSONS
BEHLE &
LATIMER

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CERTIFICATE OF SERVICE
I hereby certify that I am an employee of the law firm of Parsons Behle & Latimer and that
on the 3rd day of May, 2016, I filed a true and correct copy of the foregoing UNOPPOSED

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MOTION TO SUSPEND LOCAL RULES FOR A LIMITED PURPOSE
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Patrick G. Byrne, Esq.
Michael D. Stein, Esq.
Sherry Ly, Esq.
Snell & Wilmer L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas NV 89169
[e-mail]
[e-mail]
[e-mail]

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/s/ Tracy L. Brown
Employee of Parsons Behle & Latimer

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PARSONS
BEHLE &
LATIMER

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