Hofbrauhaus of America, LLC v Music City Biergarten, LLC

Filing 21

ORDER granting 20 Stipulation. IT IS FURTHER ORDERED that this case is STAYED pending mediation, the Motion to Dismiss or, in the Alternative, for Summary Judgment 17 is DENIED as moot, and the 8/28/17 hearing is VACATED. Signed by Judge Jennifer A. Dorsey on 7/27/2017. (Copies have been distributed pursuant to the NEF - DC)

Case 2:17-cv-00549-JAD-GWF Document 20 Filed 07/27/17 Page 1 of 3

Jennifer R. Lloyd, Esq.
1 Nevada Bar. No. 9617
Matthew J. Kreutzer, Esq.
2 Nevada Bar No. 8834
HOWARD & HOWARD ATTORNEYS PLLC
3 3800 Howard Hughes Parkway, Suite 1000
Las Vegas, Nevada 89169
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
[e-mail]
6 Attorneys for Defendants
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
HOWARD & HOWARD ATTORNEYS PLLC

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HOFBRÄUHAUS OF AMERICA, LLC, a
Nevada Corporation,

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Plaintiff,

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vs.

CASE NO. 2:17-cv-00549-JAD-GWF
STIPULATION AND ORDER TO
STAY PROCEEDINGS PENDING
MEDIATION
ECF Nos. 17, 20

15 MUSIC CITY BIERGARTEN, LLC, a
Tennessee limited liability company; ROBERT
16 KRUMM; BRIAN KEHL, individually and as
co-trustee of the KEHL FAMILY
17 IRREVOCABLE TRUST; and STACY KEHL,
co-trustee of the KEHL FAMILY
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IRREVOCABLE TRUST,
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Defendants.
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Defendants, MUSIC CITY BIERGARTEN, LLC (“MCB”), BRIAN KEHL, individually

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22 and as co-trustee of the KEHL FAMILY IRREVOCABLE TRUST, and STACY KEHL, co23 trustee of the KEHL FAMILY IRREVOCABLE TRUST (Brian Kehl, Stacy Kehl and the Kehl
24 Family Irrevocable Trust are referred to as the “Kehls” and the Kehls and MCB are collectively
25 referred to as the “Defendants”), and Plaintiff Hofbrauhaus of America, LLC (“Plaintiff”), by
26 and through their respective counsel of record, stipulate and agree as follows:1
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Defendant Robert Krumm was voluntarily dismissed from this action on July 6, 2017. [ECF No. 16].
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STIPULATION AND ORDER TO STAY PROCEEDINGS PENDING MEDIATION

4850-7665-1596 v.1

Case 2:17-cv-00549-JAD-GWF Document 20 Filed 07/27/17 Page 2 of 3

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WHEREAS, on June 20, 2017, Plaintiff filed its Amended Complaint [ECF No. 11];

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WHEREAS, on July 7, 2017, MCB filed a Motion to Dismiss or, in the Alternative, for

3 Summary Judgment (the “Motion”) [ECF No. 17];
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WHEREAS, on July 13, 2017, Plaintiff and MCB held a Rule 26(f) conference;

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WHEREAS, the parties have agreed to mediate this matter in Nevada on or before

6 August 31, 2017;
WHEREAS, the parties have agreed that the mediation shall satisfy any obligation of the

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8 parties to mediate this matter as addressed and alleged in MCB’s Motion; and
WHEREAS, Plaintiff granted the Kehls an extension until twenty-one (21) days after the

HOWARD & HOWARD ATTORNEYS PLLC

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10 mediation is concluded to file a responsive pleading to the Amended Complaint.
NOW THEREFORE, the parties hereby stipulate and request that these proceedings and

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12 all deadlines shall be stayed pending mediation between the parties and, that if this matter is not
13 resolved through mediation, then the following shall occur:
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1.

The stay in these proceedings shall be immediately lifted;

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2.

MCB’s Motion shall be denied as moot;

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3.

Plaintiff and MCB shall, within 14 days after conclusion of mediation,

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submit their proposed discovery plan and scheduling order and make their

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Rule 26(a)(1) initial disclosures;
4.

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MCB shall, within 14 days after conclusion of mediation, file its answer
to the Amended Complaint; and

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5.

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The Kehls shall, within 21 days after conclusion of the mediation, file
their responsive pleading to the Amended Complaint.

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STIPULATION AND ORDER TO STAY PROCEEDINGS PENDING MEDIATION
4850-7665-1596 v.1

Case 2:17-cv-00549-JAD-GWF Document 20 Filed 07/27/17 Page 3 of 3

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In the event this matter is not resolved through mediation, the parties shall timely notify

2 the Court.

If the matter is resolved through mediation, the parties shall timely submit a

3 stipulation for dismissal of the matter.
4
th
5 Dated this 27 day of July, 2017.

Dated this 27th day of July, 2017.

6 HOWARD & HOWARD ATTORNEYS PLLC

DICKINSON WRIGHT PLLC

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HOWARD & HOWARD ATTORNEYS PLLC

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/s/ Jennifer R. Lloyd
Jennifer R. Lloyd, Esq.
Nevada Bar No. 9617
Matthew J. Kreutzer, Esq.
Nevada Bar No. 8834
3800 Howard Hughes Parkway, Suite 1000
Las Vegas, Nevada 89169

/s/ Eric D. Hone
Eric D. Hone, Esq.
Nevada Bar No. 8499
Gabriel A. Blumberg, Esq.
Nevada Bar No. 12332
8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113

12 Attorneys for Defendants

Attorneys for Plaintiff

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ORDER

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Based on the parties’ stipulation [ECF No. 20] and good cause appearing, IT IS SO
IT IS this case is STAYED pending
ORDERED. IT IS FURTHER ORDERED thatSO ORDERED.
mediation, the Motion to Dismiss or, in the Alternative, for Summary Judgment [ECF No.
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17] is DENIED as moot, and the 8/28/17 hearing is VACATED.
UNITED STATES DISTRICT JUDGE

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DATED:_________________________
_________________________
U.S. District Judge Jennifer Dorsey
7-27-17

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STIPULATION AND ORDER TO STAY PROCEEDINGS PENDING MEDIATION
4850-7665-1596 v.1