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)

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Case 2:16-cv-01813-JCM-PAL Document 11 Filed 10/11/16 Page 1 of 3 1 2 3 4 5 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: (702) 990-3583 Facsimile: (702) 990-3501 Attorneys for Defendant Dreamdealers USA LLC d/b/a Exotics Racing 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 The Amin Law Group NV, Ltd. 3753 Howard Hughes Parkway, Suite 200 Las Vegas, NV 89109 Phone: (702) 990-3583 / Fax: (702) 990-3501 11 12 13 14 15 16 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 17 18 19 20 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 21 submit the following Joint Status Report in accordance with the Court’s Order, issued on September 22 26, 2016. (ECF No. 10.) 23 1. On August 1, 2016, Plaintiff filed a Complaint for Declaratory Judgment in the United 24 States District Court for the District of Nevada (ECF No. 1) (the “Complaint”), seeking declaratory 25 judgment in regards to Defendant’s allegations of trademark infringement. 26 27 28 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). 1 JOINT STATUS REPORT REGARDING SETTLEMENT Case 2:16-cv-01813-JCM-PAL Document 11 Filed 10/11/16 Page 2 of 3 1 4. Accordingly, pursuant to Rule 4 of the Federal Rules of Civil Procedure, an answer or 2 responsive pleading to Plaintiff’s Complaint is due sixty (60) days from August 12, 2016, which would 3 be October 11, 2016. 4 5 5. August 24, 2016, the Parties, and their respective counsel, personally met and conferred in this matter. 6 7 8 The Parties have engaged in settlement discussions, via written correspondence, and on 6. 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. 9 7. In order to facilitate the Parties’ settlement efforts, as well as to minimize attorneys’ 10 The Amin Law Group NV, Ltd. 3753 Howard Hughes Parkway, Suite 200 Las Vegas, NV 89109 Phone: (702) 990-3583 / Fax: (702) 990-3501 11 12 fees and other legal expenses, Plaintiff and Defendant agreed that the present civil action should be stayed for sixty (60) days. 8. 13 14 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 15 staying the matter for a period of sixty (60) days from the date an order on this stipulation is entered 16 with the Court; and stipulating that nothing in this delay shall prejudice Defendant’s right to seek 17 necessary injunctive relief from this Court and/or to file any relevant counter-claims and/or third-party 18 claims in this matter. (ECF No. 9.) 9. 19 On September 26, 2016, this Court entered an Order on the Parties’ Stipulation, stating 20 that the Parties shall have until October 11, 2016, to file a stipulation to dismiss if a settlement has been 21 reached, or a joint status report indicating when the stipulation to dismiss will be filed. If a settlement 22 has not been reached, Defendant shall have until October 18, 2016, to file an answer or responsive 23 pleading. See ECF No. 10. 24 25 26 27 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 28 2 JOINT STATUS REPORT REGARDING SETTLEMENT Case 2:16-cv-01813-JCM-PAL Document 11 Filed 10/11/16 Page 3 of 3 1 Parties. Accordingly, the Parties respectfully request that this Court allow the instant Stay be permitted 2 to continue for an additional thirty (30) days, until November 10, 2016, in order to allow the Parties to 3 come to an anticipated agreed-upon settlement of the instant matter and file a stipulated dismissal 4 regarding the same. 5 6 7 8 9 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 10 The Amin Law Group NV, Ltd. 3753 Howard Hughes Parkway, Suite 200 Las Vegas, NV 89109 Phone: (702) 990-3583 / Fax: (702) 990-3501 11 relevant counter-claims and/or third-party claims in this matter. 12 13 RESPECTFULLY SUBMITTED this 11th day of October, 2016. 14 THE AMIN LAW GROUP NV, LTD. AKERMAN, LLP. 19 /s/ Ismail Amin, Esq. ISMAIL AMIN, ESQ. Nevada Bar No. 9343 3753 Howard Hughes Parkway, Suite 200 Las Vegas, Nevada 89169 Telephone: (702) 990-3583 /s/ Brett M. Coombs BRETT M. COOMBS, ESQ. Nevada Bar No. 12570 175 South Main Street, Suite 950 Salt Lake City, Utah 84101 Telephone: (801) 907-6911 20 Attorneys for Defendant Attorneys for Plaintiff 15 16 17 18 21 22 IT IS SO ORDERED. 23 24 _________________________________ UNITED STATES MAGISTRATE JUDGE 25 26 October 12, 2016 Dated: _________________________ 27 28 3 JOINT STATUS REPORT REGARDING SETTLEMENT

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