The Hackett Miller Company, Inc. v. GFour Productions, LLC et al

Filing 35

ORDER Granting 34 Stipulation to Extend Time. (Discovery Plan/Scheduling Order due by 5/26/2017.) See Order for further deadlines. Signed by Judge Richard F. Boulware, II on 5/8/17. (Copies have been distributed pursuant to the NEF - ADR)

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Ryan Gile, Esq.
Nevada Bar No. 8807
[e-mail]
F. Christopher Austin, Esq.
Nevada Bar No. 6559
[e-mail]
WEIDE & MILLER, LTD.
7251 W. Lake Mead Blvd., Suite 530
Las Vegas, NV 89128-8373
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff The Hackett Miller Company, Inc.

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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THE HACKETT MILLER COMPANY, INC., a
Nevada corporation,

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Plaintiff,
v.
GFOUR PRODUCTIONS, LLC, a Florida limited
liability company; and SPOTLIGHT RIGHTS,
LLC, a Florida limited liability company,

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Defendants.

Case No.: 2:16-cv-00418-RFB-NJK
STIPULATION AND (PROPOSED)
ORDER FOR (1) EXTENSION OF
TIME FOR PARTIES TO FILE A
DISCOVERY PLAN AND
SCHEDULING ORDER PURSUANT
TO THE COURT’S ORDER DATED
MARCH 31, 2017 (Third Request) AND
(2) EXTENSION OF TIME FOR THE
PARTIES TO CONDUCT
JURISDICTIONAL DISCOVERY
(First Request)

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Plaintiff THE HACKETT MILLER COMPANY, INC. (“Plaintiff”), and Defendants

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GFOUR PRODUCTIONS, LLC and SPOTLIGHT RIGHTS LLC (“Defendants”), by and

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through their undersigned counsel, hereby stipulate and agree to a third 21-day extension of time

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up to and including May 26, 2017, for the parties to file a Joint Discovery Plan and Scheduling

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Order with the Court pursuant to the Court’s Minute Order dated March 31, 2017 (ECF No. 29)

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as well as a 30-day extension of time for the parties to conduct the jurisdictional discovery ordered

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by the Court in the same Minute Order.

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On March 30, 2017, the Court denied without prejudice Defendant’s Motion to Dismiss

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for (1) Lack of Personal Jurisdiction, (2) Failure to Join a Necessary Party, and (3) Improper

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Venue, and (4) Request to Transfer Venue (ECF No. 22) and ordered the parties to engage in

W EIDE & MILLER, LTD.
7251 W. LAKE MEAD BLVD.,
SUITE 530
LAS VEGAS,
NEVADA 89128
[phone]

RRG-w-4298

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jurisdictional discovery for a period of 60 days commencing March 31, 2017, and to submit a

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joint proposed discovery/scheduling order within one week from March 31, 2017.

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On April 7, 2017, the parties filed a stipulation to extend the time to file a discovery plan

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for 14 days (ECF No. 30) because the parties had reached a settlement framework which would

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dismiss the action entirely and wanted additional time to allow the parties to finalize settlement

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in the form of a formal written settlement agreement. On April 10, 2017, the Court granted the

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stipulation of the parties (ECF No. 31).

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While Plaintiff’s counsel diligently prepared a draft written settlement agreement for

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Defendants’ review, Plaintiff’s counsel was unable to obtain client approval on the draft due to

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vacation travel plans by Plaintiff’s principals until April 17, 2017. Defendants’ counsel provided

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proposed revisions to the settlement agreement on April 20, 2017.

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Because Plaintiff’s counsel required additional time to review and discuss Defendants’

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proposed changes prior to the revised deadline to submit a discovery plan, the parties, on April

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21, 2017, filed a second stipulation to extend the time to file a discovery plan for another 14 days

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(ECF No. 32) to May 5, 2017, which the Court granted on May 2, 2017 (ECF No. 33).

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On April 24, 2017, the parties’ counsel discussed Defendants’ latest revisions to the draft

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settlement agreement. While Defendants’ revisions raised some additional issues from Plaintiff’s

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side, counsel for both parties believed that such issues could be worked out among the parties and

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agreed to continue trying to work towards a mutually acceptable settlement agreement. While

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Plaintiff’s counsel worked diligently on further revisions to the settlement agreement that would

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address Plaintiff’s concerns, Plaintiff’s counsel was again not able to get client approval on the

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revised draft prior to sending it back to Defendants’ counsel. This time, however, it was due to

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Plaintiff’s primary principal, whom Plaintiff’s counsel has been working with in connection with

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these settlement negotiations, falling severely ill and not being in a condition to review carefully

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an important legal agreement such as the proposed settlement agreement. In addition, Plaintiff’s

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counsel is currently scheduled to be outside the country from May 5th through May 18th on a two-

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week vacation that was scheduled back in February (and about which Defendants’ counsel was

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informed by Plaintiff’s counsel on March 30, 2017).

W EIDE & MILLER, LTD.
7251 W. LAKE MEAD BLVD.,
SUITE 530
LAS VEGAS,
NEVADA 89128
[phone]

RRG-w-4298

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By this Stipulation, the parties request that the deadline to file a joint proposed discovery

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plan/scheduling order be extended by another 21 days to May 26, 2017. Moreover, while the

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parties remain optimistic that jurisdictional discovery will be unnecessary in light of the ongoing

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settlement discussion between the parties, the parties nonetheless respectfully request a 30-day

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extension of the current jurisdictional discovery period to June 30, 2017, in the event that the

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parties are unable to reach a complete settlement and must proceed with jurisdictional discovery.

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W EIDE & MILLER, LTD.
7251 W. LAKE MEAD BLVD.,
SUITE 530
LAS VEGAS,
NEVADA 89128
[phone]

RRG-w-4298

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This is the third request for an extension of time by both parties to file the joint proposed

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discovery/scheduling order and the first request for an extension of time to the jurisdictional

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discovery period. Good cause exists for these requests because while the parties remain optimistic

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about the prospects of consummating a settlement, they require additional time due to the reasons

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described above in order to address the remaining issues that exist between the parties, approve

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revisions to the settlement agreement with their respective clients, and finalize such settlement.

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For these reasons, this stipulated request is made for good cause and not for purposes of delay.

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Dated: May 3, 2017

Dated: May 3, 2017

Respectfully Submitted,

Respectfully Submitted,

/s/ Ryan Gile
Ryan Gile (NV Bar No. 8807)
[e-mail]
F. Christopher Austin (NV Bar No. 6559)
[e-mail]
WEIDE & MILLER. LTD.
7251 W. Lake Mead Blvd., Suite 530
Las Vegas, NV 89128
Tel: [phone]
Fax: [phone]

/s/Gene S. Winter
Gene S. Winter (pro hac vice)
gwinter @ssjr.com
Jonathan A. Winter (pro hac vice)
ST. ONGE STEWARD JOHNSTON AND
REENS LLC
986 Bedford Street
Stamford, CT 06905-5619
Tel: [phone]

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Ronald D. Green (NV Bar No. 7360)
Alex J. Shepard (NV Bar No. 13582)
RANDAZZA LEGAL GROUP, PLLC
4035 S. El Capitan Way
Las Vegas, NV 89147
Tel: [phone]
[e-mail]

Attorneys for Plaintiff, The Hackett
Miller Company, Inc.

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Attorneys for Defendants, GFour Productions,
LLC and Spotlight Rights, LLC

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IT IS SO ORDERED.
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RICHARD F. BOULWARE, II
United States District Judge

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Dated: May 8, 2017

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W EIDE & MILLER, LTD.
7251 W. LAKE MEAD BLVD.,
SUITE 530
LAS VEGAS,
NEVADA 89128
[phone]

RRG-w-4298

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