BHRAC-AC, LLC v. Dreamdealers USA, LLC

Filing 12

ORDER. Dreamdealers USA, LLC shall have until 11/18/16, to file an answer or responsive pleading to Plaintiff's Complaint. Signed by Magistrate Judge Peggy A. Leen on 10/12/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-01813-JCM-PAL Document 11 Filed 10/11/16 Page 1 of 3

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ISMAIL AMIN, ESQ. (State Bar No. 9343)
LAWRENCE KULP, ESQ. (State Bar No. 7411)
BREANE P. STRYKER, ESQ. (State Bar No. 13594)
The Amin Law Group NV, Ltd.
3753 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89169
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant Dreamdealers USA LLC d/b/a Exotics Racing

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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The Amin Law Group NV, Ltd.
3753 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89109
Phone: [phone] / Fax: [phone]

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BHRAC-AC, LLC d/b/a GOTHAM DREAM )
)
CARS, LLC
)
)
Plaintiff,
)
)
v.
)
)
DREAMDEALERS USA, LLC d/b/a EXOTICS )
)
RACING
)
Defendant.
)
)

Case No. 2:16-cv-01813-JCM-PAL
JOINT STATUS REPORT
REGARDING SETTLEMENT
NEGOTIATIONS

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COMES NOW, Plaintiff BHRAC-AC, LLC d/b/a GOTHAM DREAM CARS, LLC
(“Plaintiff”) and Defendant DREAMDEALERS USA, LLC d/b/a EXOTICS RACING (“Defendant”),
(collectively, the “Parties”), by and through their respective, undersigned, counsel of record, and hereby

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submit the following Joint Status Report in accordance with the Court’s Order, issued on September

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26, 2016. (ECF No. 10.)

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1.

On August 1, 2016, Plaintiff filed a Complaint for Declaratory Judgment in the United

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States District Court for the District of Nevada (ECF No. 1) (the “Complaint”), seeking declaratory

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judgment in regards to Defendant’s allegations of trademark infringement.

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2.

On August 12, 2016, Defendant sent Plaintiff a signed waiver of service of summons of

the Complaint (“Waiver”).
3.

This Waiver was filed with the Court on August 15, 2016. (ECF No. 8).

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JOINT STATUS REPORT REGARDING SETTLEMENT

Case 2:16-cv-01813-JCM-PAL Document 11 Filed 10/11/16 Page 2 of 3

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4.

Accordingly, pursuant to Rule 4 of the Federal Rules of Civil Procedure, an answer or

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responsive pleading to Plaintiff’s Complaint is due sixty (60) days from August 12, 2016, which would

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be October 11, 2016.

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5.

August 24, 2016, the Parties, and their respective counsel, personally met and conferred in this matter.

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The Parties have engaged in settlement discussions, via written correspondence, and on

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During this settlement conference, the Parties reached a tentative settlement agreement

in regards to Plaintiff’s Complaint and Defendant’s anticipated counterclaims and requests for
injunctive relief.

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7.

In order to facilitate the Parties’ settlement efforts, as well as to minimize attorneys’

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The Amin Law Group NV, Ltd.
3753 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89109
Phone: [phone] / Fax: [phone]

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fees and other legal expenses, Plaintiff and Defendant agreed that the present civil action should be
stayed for sixty (60) days.
8.

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On or about September 6, 2016, the Parties filed a Stipulation and Proposed Order to

Stay Proceedings in this Matter (the “Parties’ Stipulation”), requesting that the Court enter an Order

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staying the matter for a period of sixty (60) days from the date an order on this stipulation is entered

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with the Court; and stipulating that nothing in this delay shall prejudice Defendant’s right to seek

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necessary injunctive relief from this Court and/or to file any relevant counter-claims and/or third-party

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claims in this matter. (ECF No. 9.)
9.

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On September 26, 2016, this Court entered an Order on the Parties’ Stipulation, stating

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that the Parties shall have until October 11, 2016, to file a stipulation to dismiss if a settlement has been

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reached, or a joint status report indicating when the stipulation to dismiss will be filed. If a settlement

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has not been reached, Defendant shall have until October 18, 2016, to file an answer or responsive

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pleading. See ECF No. 10.

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10.

The Parties have been negotiating the terms of the settlement agreement and require

additional time in doing so, due to the certain principals being unavailable for an extended period of
time.
11.

Currently, the Settlement Agreement has been drafted and is undergoing review by the

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JOINT STATUS REPORT REGARDING SETTLEMENT

Case 2:16-cv-01813-JCM-PAL Document 11 Filed 10/11/16 Page 3 of 3

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Parties. Accordingly, the Parties respectfully request that this Court allow the instant Stay be permitted

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to continue for an additional thirty (30) days, until November 10, 2016, in order to allow the Parties to

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come to an anticipated agreed-upon settlement of the instant matter and file a stipulated dismissal

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regarding the same.

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12.

If a settlement has not been reached by November 10, 2016, the Parties agree that

Defendant shall have until November 18, 2016, to file an answer or responsive pleading to Plaintiff’s
Complaint.
13.

As with the Parties’ original Stipulation, the Parties agree that nothing in this delay shall

prejudice Defendant’s right to seek necessary injunctive relief from this Court and/or to file any

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The Amin Law Group NV, Ltd.
3753 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89109
Phone: [phone] / Fax: [phone]

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relevant counter-claims and/or third-party claims in this matter.

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RESPECTFULLY SUBMITTED this 11th day of October, 2016.

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THE AMIN LAW GROUP NV, LTD.

AKERMAN, LLP.

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/s/ Ismail Amin, Esq.
ISMAIL AMIN, ESQ.
Nevada Bar No. 9343
3753 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Telephone: [phone]

/s/ Brett M. Coombs
BRETT M. COOMBS, ESQ.
Nevada Bar No. 12570
175 South Main Street, Suite 950
Salt Lake City, Utah 84101
Telephone: [phone]

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Attorneys for Defendant

Attorneys for Plaintiff

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IT IS SO ORDERED.

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_________________________________
UNITED STATES MAGISTRATE JUDGE

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October 12, 2016
Dated: _________________________

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JOINT STATUS REPORT REGARDING SETTLEMENT