Compartment IT2, LP et al v. Fir Tree, Inc. et al

Filing 27

ORDER on ECF No. 26 Stipulation : (1) The Plaintiffs shall file their Oppositions to each filed Motion to Dismiss on or before September 18, 2017; (2) Each Defendant shall file a Reply in support of its Motion to Dismiss on or before October 13, 2017. Signed by Judge Miranda M. Du on 8/14/2017. (Copies have been distributed pursuant to the NEF - DRM)

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JOE LAXAGUE, ESQ.
Nevada Bar No. 7417
JEFFREY D. PIKE, ESQ.
Nevada Bar No. 13934
Laxague Law, Inc.
1 East Liberty, Suite 600
Reno, NV 89501
Tel: [phone]
Facsimile [phone]
Email: [e-mail]

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ROGER A. LANE, ESQ.
(admitted pro hac vice)
Massachusetts BBO No. 551368
Foley & Lardner, LLP
111 Huntington Avenue
Boston, MA 02199-7610
Telephone: [phone]
Facsimile: 617.342.4001
Email: [e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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COMPARTMENT IT2, LP, a Georgia limited
partnership, COMPARTMENT IT5, LP, a
Georgia limited partnership, COMPARTMENT
IT9, LP, a Georgia limited partnership, and
MFAM
MOBILFUNK
ASSET
MANAGEMENT
GMBH,
a
German
corporation,
Plaintiffs,

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STIPULATION AND ORDER RE:
DEADLINES FOR OPPOSITIONS
TO MOTIONS TO DISMISS AND
REPLIES IN SUPPORT OF
MOTIONS TO DISMISS
[SECOND REQUEST]

v.
FIR TREE, INC. d/b/a FIR TREE PARTNERS, a
New York Corporation, PAUL MCGINN, an
individual, GABRIEL MARGENT, an individual,
GRANT BARBER, an individual, JARRET
COHEN, an individual, and SCOTT TROELLER,
an individual,

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Case No.: 2:17-CV-1035-MMD-VCF

Defendants.

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Plaintiffs and all named Defendants herein, by and through their attorneys of record,
stipulate as follows:

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RECITALS
1.

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The three motions to dismiss that are the subjects of this stipulation were filed on

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August 4, 2017; namely, Defendants Fir Tree, Inc., Jarret Cohen, and Scott J. Troeller’s Motion

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to Dismiss (ECF No.12 and, as corrected, ECF No. 19); Defendants Gabriel Margent and Grant

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Barber’s Motion to Dismiss (ECF No. 16); and Defendant Paul McGinn’s Motion to Dismiss

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(ECF No. 9).
2.

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Each of the Motions to Dismiss is accompanied by a Memorandum of Points and

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Authorities, which range in length from 18 to 23 pages, as well as accompanying declarations

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and exhibits which, taken together, exceed 1,200 pages. See, as to the Fir Tree Defendants, ECF

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Nos. 13, 14 & 15 and, as corrected, 20, 21 & 22; as to Defendant McGinn, ECF No. 10; and as to

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Defendants Barber and Margent, the attachments to ECF No. 16. In addition, Defendants Barber

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and Margent filed a Request for Judicial Notice in support of their Motion to Dismiss (ECF No.

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17).

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3.

Given the extensive nature of the three Motions to Dismiss and the materials

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submitted in support of them, Plaintiffs’ counsel seeks an extension of time in order to respond

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adequately to the Motions to Dismiss, and to provide Defendants’ counsel with adequate time to

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reply, to which the Defendants’ respective counsel have assented.

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4.

On July 31, 2017, the parties submitted a “Stipulation and Order re: Deadlines for

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Responses to Complaint and Related Matters” (the “First Stipulation,” ECF No. 7). The First

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Stipulation requested a deadline for Answers to the Complaint and Motions to Dismiss of August

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4, 2017, a deadline for oppositions to motions to dismiss of September 18, 2017, and a deadline

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for replies in support of motions to dismiss of October 13, 2017.

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5.

On August 3, 2017, the Court entered its Order setting a deadline of August 4,

2017 for answers or other responses to the Complaint (ECF No. 8).
6.

On August 4, 2017, as discussed above, the three Motions to Dismiss, together

with their respective supporting materials, were filed.

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7.

The parties remain in agreement regarding their requested briefing schedule for

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all filed Motions to Dismiss and therefore renew the request set forth in the First Stipulation for

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deadlines of September 18, 2017, for the oppositions to each filed Motion to Dismiss and

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October 13, 2017, for replies in support of each filed Motion to Dismiss.

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STIPULATION

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IT IS HEREBY STIPULATED AS FOLLOWS:

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1.

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The Plaintiffs shall file their Oppositions to each filed Motion to Dismiss on or

before September 18, 2017.

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2.

Each Defendant shall file a Reply in support of its Motion to Dismiss on or before

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October 13, 2017.

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DATED this 11th day of August 2017

DATED this 11th day of August 2017

/s/ Joe Laxague
LAXAGUE LAW, INC.
JOE LAXAGUE, ESQ. (NV BAR NO. 7417)
1 East Liberty, Suite 600
Reno, NV 89501

/s/ Mark J. Connot
FOX ROTHSCHILD, LLP
MARK J. CONNOT, ESQ. (NV BAR NO. 10010)
1980 Festival Plaza Drive, Suite 700
Las Vegas, Nevada 89135

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FOLEY & LARDNER, LLP
ROGER A. LANE, ESQ.
(admitted pro hac vice)
111 Huntington Avenue
Boston, MA 02199-7610

CORINNE MCCANN TRAINOR, ESQ.
(pro hac vice forthcoming)
ALLISON L. HOLLOWS, ESQ.
(pro hac vice forthcoming)
Princeton Pike Corporate Center
997 Lenox Drive, Building 3
Lawrenceville, NJ 08648

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ATTORNEYS FOR PLAINTIFFS

ATTORNEYS FOR DEFENDANT PAUL MCGINN

DATED this 11th day of August 2017

DATED this 11th day of August 2017

/s/ J. Stephen Peek
HOLLAND & HART, LLP
J. STEPHEN PEEK, ESQ. (NV Bar No. 1758)
ROBERT J. CASSITY, ESQ. (NV Bar No. 9779)
9555 Hillwood Dr. 2nd Floor
Las Vegas, NV 89134

/s/ Leslie Bryan Hart
FENNEMORE CRAIG, P.C.
LESLIE BRYAN HART (NV Bar No. 4932)
300 E. Second St., Suite 1510
Reno, Nevada 89501
(Ph.) 775-788-2228
(Fax) 775-788-2229

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LOWENSTEIN SANDLER LLP
SHELIA A. SADIGHI, ESQ.
(pro hac vice forthcoming)
1251 Avenue of the Americas
New York, NY 10020

MORRISON FOERSTER
ERIK J. OLSON. ESQ.
(pro hac vice forthcoming)
755 Page Mill Road
Palo Alto, CA 94304

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ATTORNEYS FOR DEFENDANTS FIR TREE, INC.
D/B/A FIR TREE PARTNERS; JARRET COHEN; AND
SCOTT TROELLER

ATTORNEYS FOR DEFENDANTS
GABRIEL MARGENT AND GRANT BARBER

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IT IS HEREBY ORDERED that the stipulation to extend time is granted as follows:
1.
The Plaintiffs shall file their Oppositions to each filed Motion to Dismiss on or
before September 18, 2017.
2.
Each Defendant shall file a Reply in support of its Motion to Dismiss on or before
October 13, 2017.

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Dated: August 14, 2017

____________________________
U.S. District Judge

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