Interface Operations LLC v. Kwame Luangisa

Filing 26

ORDER re 25 Status Report. IT IS SO ORDERED. The requirement of LR 26-3 to provide three (3) alternative trial dates is extended for a period of 21 days from the date of entry of this Order, or within such time as (1) the parties can obtain an order on a stipulation granting an extension of the discovery deadlines, or (2) Plaintiff can obtain an order granting a motion to extend the discovery deadlines, whichever is later. Signed by Magistrate Judge Carl W. Hoffman on 7/15/16. (Copies have been distributed pursuant to the NEF - TR)

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Case 2:16-cv-00280-JCM-CWH Document 25 Filed 07/14/16 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 DOMINICA C. ANDERSON (SBN 2988) DANIEL B. HEIDTKE (SBN 12975) DUANE MORRIS LLP 100 N. City Parkway, Suite 1560 Las Vegas, NV 89106 Telephone: 415.957.3179 Facsimile: 702.974.1058 Email: dcanderson@duanemorris.com dbheidtke@duanemorris.com tehafen@duanemorris.com HERSH KOZLOV (Admitted Pro Hac Vice) DUANE MORRIS LLP 1940 Route 70 East, Suite 200 Cherry Hill, NJ 08003 T: 856.874.4325; F: 856.874.4382 Email: hkozlov@duanemorris.com Attorneys for Plaintiff Interface Operations LLC dba AdFam UNITED STATES DISTRICT COURT 12 13 14 15 16 17 18 DISTRICT OF NEVADA INTERFACE OPERATIONS LLC, d/b/a ADFAM, a Delaware Limited Liability Company, Plaintiff, vs. Case No.: 2:16-cv-00280-JCM-CWH LR 26-3 INTERIM STATUS REPORT OF PLAINTIFF INTERFACE OPERATIONS LLC AND DEFENDANT KWAME LUANGISA KWAME LUANGISA, an individual; and DOES 1 through 100, inclusive, Defendant. 19 20 21 PLAINTIFF INTERFACE OPERATIONS LLC, d/b/a AdFam (hereinafter, “Plaintiff” or 22 “AdFam”) by and through its counsel of record, and DEFENDANT KWAME LUANGISA 23 (hereinafter, “Defendant” or “Luangisa”), by and through his counsel of record, hereby submit this 24 Interim Status Report pursuant to LR 26-3 regarding the above-referenced matter. 25 I. Litigation Status 26 This matter commenced with the filing of Plaintiff’s Complaint on February 11, 2016. 27 Defendant filed his answer on March 15, 2016. Pursuant to the Scheduling Order entered by the 28 1 LR 26-3 INTERIM STATUS REPORT Case 2:16-cv-00280-JCM-CWH Document 25 Filed 07/14/16 Page 2 of 3 1 Court on April 29, 2016 (ECF No. 24), close of discovery is currently scheduled for September 12, 2 2016, with the deadline to file dispositive motions set for October 12, 2016. 3 On July 13, 2016, Plaintiff inquired of Defendant whether Defendant would be amenable to a 4 sixty (60) day extension of the current discovery deadline of September 12, 2016. The request for an 5 extension of deadlines, if granted, would necessarily move the dates by which this matter would be 6 prepared to go to trial. 7 II. Request for Continuance of Interim Status Report Concerning Particulars of LR 26-3 8 Local Rule 26-3 requires the parties to provide a statement estimating the time required for 9 trial, three (3) alternative available trial dates, and whether trial will be eliminated or its length 10 affected by substantive motions. The parties are also required to certify that they have considered 11 consent to trial by a magistrate judge and the use of alternative dispute-resolution processes. 12 Plaintiff believes trial will last 3-5 days. Defendant believes trial will last 1-2 days. Plaintiff 13 believes that the length of trial will likely be affected by substantive motions. Defendant believes 14 trial will be eliminated or its length affected by substantive motions. 15 At this time, because of the outstanding request to Defendant regarding the extension of 16 discovery deadlines (and, should Defendant deny such request, a subsequent motion to extend 17 discovery deadlines), Plaintiff requests a continuance on the requirement of LR 26-3 to provide three 18 (3) alternative available trial dates. Defendant does not oppose this request. 19 The parties hereby certify that they have considered consent to trial by a magistrate judge 20 under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, use of the Short Trial Program, and the use of 21 alternative dispute-resolution processes including mediation, arbitration, and early neutral 22 evaluation. 23 III. 24 25 Conclusion Accordingly, Plaintiff requests this Court enter an order continuing the requirement of LR 26-3 to provide three (3) alternative trial dates for a period of twenty-one (21) days or within such 26 27 28 2 LR 26-3 INTERIM STATUS REPORT Case 2:16-cv-00280-JCM-CWH Document 25 Filed 07/14/16 Page 3 of 3 1 time as (1) the parties can obtain an order on a stipulation granting an extension of the discovery 2 deadlines, or (2) Plaintiff can obtain an order granting a motion to extend the discovery deadlines. 3 4 Dated: July 14, 2016 5 DUANE MORRIS LLP By: 6 7 8 Attorneys for Plaintiff Operations LLC dba ADFAM 9 10 /s/ Daniel B. Heidtke____ __ Dominica C. Anderson (SBN 2988) Daniel B. Heidtke (SBN 12975) Hersh Kozlov (Admitted Pro Hac Vice) Dated: July 14, 2016 11 Interface CAMPBELL & WILLIAMS By: /s/ Philip R. Erwin Donald J. Campbell (SBN 1216) Philip R. Erwin (SBN 11563) Samuel R. Mirkovich (SBN 11662) 12 13 14 Attorneys for Plaintiff Interface Operations LLC dba ADFAM 15 16 17 IT IS SO ORDERED. The requirement of LR 26-3 to provide three (3) alternative trial 18 dates is extended for a period of twenty-one (21) days from the date of entry of this Order, or within 19 such time as (1) the parties can obtain an order on a stipulation granting an extension of the 20 discovery deadlines, or (2) Plaintiff can obtain an order granting a motion to extend the discovery 21 deadlines, whichever is later. 22 23 July 15, 2016 DATED: ____________________________ 24 25 26 UNITED STATES MAGISTRATE JUDGE 27 28 3 LR 26-3 INTERIM STATUS REPORT

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