Cirrus Aviation Services, LLC v. Cirrus Design Corporation

Filing 70

ORDER Granting 65 Stipulation re 62 Motion to Amend/Correct 1 Complaint. Signed by Magistrate Judge Elayna J. Youchah on 8/16/2019. (Copies have been distributed pursuant to the NEF - MR)

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MARK J. CONNOT (10010)
KEVIN M. SUTEHALL (9437)
FOX ROTHSCHILD LLP
1980 Festival Plaza Drive, Suite 700
Las Vegas, Nevada 89135
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Cirrus Aviation Services, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No. 2:16-cv-02656-JAD-EJY

CIRRUS AVIATION SERVICES, LLC,

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Plaintiff/Counter-Defendant,

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STIPULATION AND ORDER
PERMITTING AMENDMENT TO
COMPLAINT AND VACATING
MOTION TO AMEND

v.

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CIRRUS DESIGN CORPORATION,
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Defendant/Counter-Claimant.

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Plaintiff Cirrus Aviation Services LLC (“Plaintiff” or “Cirrus Aviation”) by and through

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its counsel of record, Fox Rothschild LLP, and Defendant Cirrus Design Corporation

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(“Defendant” or “Cirrus Design”), by and through their respective counsel, hereby agree and

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stipulate as follows:

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1.

On August 2, 2019, Plaintiff filed a Motion to Amend [ECF No. 62]. Attached as

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Exhibits 1 and 2 to the Motion to Amend were blueline and clean copies of the proposed

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amended complaint. The Motion to Amend sought to revise certain factual allegations based on

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facts and evidence discerned after Plaintiff filed its Complaint [ECF No. 1], including facts

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learned in discovery.

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2.

After Plaintiff filed the Motion to Amend, counsel for Plaintiff and Defendant

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consulted about a possible stipulation to permit Plaintiff to file a revised amended complaint

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which differed slightly from the version attached to the Motion to Amend. As a result of these
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consultations, and in order to avoid the expense of an opposed Motion to Amend, the parties

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reached this stipulation.

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3.

Accordingly, the parties stipulate pursuant to FRCP 15(a)(2) that Plaintiff is

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permitted to amend its complaint in the form of the proposed amended complaint attached to this

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stipulation as Exhibit 1.

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4.

The parties further stipulate that Defendant will have 14 days from the date the

Court grants this stipulation to respond to the amended complaint.
IT IS SO STIPULATED.

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DATED: August 15, 2019

DATED: August 15, 2019

FOX ROTHSCHILD LLP

LEWIS ROCA ROTHGERBER
CHRISTIE LLP

/s/ Mark J. Connot
MARK J. CONNOT (10010)
KEVIN M. SUTEHALL (9437)
1980 Festival Plaza Drive, Ste. 700
Las Vegas, NV 89135
Attorneys for Plaintiff/Counter-Defendant
Cirrus Aviation Services, LLC

/s/ Meng Zhong
MICHAEL J. McCUE (6055)
MENG ZHONG (12145)
3993 Howard Hughes Parkway, Ste. 600
Las Vegas, NV 89169
Attorneys for Defendant/Counter-Claimant
Cirrus Design Corporation

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GOOD CAUSE APPEARING, it is ordered that Plaintiff is granted leave to file its First

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Amended Complaint in the form attached to this stipulation. It is further ordered that Defendant

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will have 14 days from the date of this order to file its answer to the First Amended Complaint.

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IT IS SO ORDERED

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_______________________________

U.S. Magistrate Judge

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August 16, 2019
DATE: _________________________

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