Banerjee et al v. Continental Incorporated, Inc., et al

Filing 44

ORDER Granting 43 Motion for Leave to File Reply to 41 Objection to 40 Report and Recommendation. Defendants' Reply due by 9/23/2016. Signed by Magistrate Judge Cam Ferenbach on 9/19/2016. (Copies have been distributed pursuant to the NEF - SLD)

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DANIEL R. MCNUTT (SBN 7815)
MATTHEW C. WOLF (SBN 10801)
CARBAJAL & MCNUTT, LLP
625 South Eighth Street
Las Vegas, Nevada 89101
Tel.: [phone] / Fax.: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants Continental Incorporated, Inc.,
and Leapers, Inc.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ADRISH BANERJEE, an individual, and )
YAN HE, an individual,
)
)
Plaintiffs
)
)
vs.
)
)
CONTINENTAL INCORPORATED, INC., )
d/b/a CONTINENTAL ENTERPRISES, an )
Indiana Corporation, LEAPERS, INC., a )
Michigan Corporation, and DOES 1-10, )
inclusive,
)
)
Defendants.
)

Case No.: 2:16-cv-00669-JCM-VCF
DEFENDANTS’ MOTION FOR
LEAVE TO FILE REPLY IN
SUPPORT OF OBJECTION TO
MAGISTRATE JUDGE’S REPORT
& RECOMMENDATION ON
DEFENDANTS’ MOTION TO
TRANSFER [ECF No. 40]

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On May 26, 2016, Defendants Continental Incorporated, Inc. d/b/a Continental Enterprises

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(“Continental”) and Leapers Inc. (“Leapers”) (collectively, “Defendants”) filed their Motion to

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Transfer Venue. (ECF No. 25.) Plaintiffs Adrish Banerjee and Yan He opposed the Motion on June

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23, 2016, see ECF No. 36, and Defendants replied on July 8, 2016, see ECF No. 39. On July 15,

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2016, Magistrate Judge Ferenbach recommended that the Motion be denied.

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Defendants objected to that recommendation on August 1, 2016, see ECF No. 41, and Plaintiffs

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responded to the objection on August 18, 2016, see ECF No. 42.

(ECF No. 40.)

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Under L.R. I.B. 3-1(a), leave must be sought and obtained to file a reply in support of an

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objection to a recommendation from a Magistrate Judge. The District of Nevada has one of the

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MOTION FOR LEAVE TO FILE REPLY BRIEF - 1

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largest caseloads in the United States,1 and Defendants recognize L.R. I.B. 3-1(a) disallows replies to

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conserve the Court’s limited time and resources. In this particular instance, however, a reply is

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warranted to address Plaintiffs’ inclusion of facts, case citations, and arguments which were asserted

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for the first time in their Response to Defendants’ Objection.

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Specifically, the attached reply addresses the following new arguments and cases relied on by

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Plaintiffs: (1) Plaintiffs’ argument regarding the proper standard of review and misplaced reliance on

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three non-persuasive cases allegedly supporting the same; (2) Plaintiffs’ red-herring argument

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regarding Defendants’ alleged habit of forum shopping; and (3) Plaintiffs’ unsupported statements

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that are improperly relied on as evidence. No party will be prejudiced by the filing of the reply, and

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allowing its filing with serve both the interests of justice and the Court’s interests in a complete

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discussion of these important legal issues.

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WHEREFORE, Defendants respectfully request leave to file the reply attached as Exhibit A.

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DATED August 29, 2016.

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CARBAJAL & MCNUTT, LLP

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/s/ Dan McNutt_____________________________
DANIEL R. MCNUTT
MATTHEW C. WOLF
625 South Eighth Street
Las Vegas, Nevada 89101
Attorneys for Defendants Continental Incorporated, Inc.,
and Leapers, Inc.

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The reply must be filed on or before
September 23, 2016.

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9-19-2016

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See, e.g., http://trac.syr.edu/tracreports/judge/364/table2.html (last accessed on Aug. 29, 2016)
(noting the District of Nevada has the tenth largest civil caseload in the United States).

MOTION FOR LEAVE TO FILE REPLY BRIEF - 2

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CERTIFICATE OF MAILING

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I HEREBY CERTIFY that pursuant to N.R.C.P. 5(b) on August 29, 2016, I caused service of

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the foregoing DEFENDANTS’ MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF

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OBJECTION TO MAGISTRATE JUDGE’S REPORT & RECOMMENDATION ON

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DEFENDANTS’ MOTION TO TRANSFER [ECF No. 40] by mailing a copy by United States

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Postal Service, postage prepaid and/or via electronic mail through the United States District Court’s

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CM/ECF system to the following at their last known address and e-mail:

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JEFFREY I. PITEGOFF (SBN 5458)
MORRIS, SULLIVAN, LEMKUL & PITEGOFF, LLP
3770 Howard Hughes Parkway, Suite 170
Las Vegas, Nevada 89169
Tel. [phone] / Fax [phone]
Attorney for Plaintiffs

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/s/ Lisa A. Heller
.
An Employee of Carbajal & McNutt LLP

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MOTION FOR LEAVE TO FILE REPLY BRIEF - 3