Malcolm v. Acrylic Tank Manufacturing of Nevada et al

Filing 76

ORDER Granting 74 Stipulation to Withdraw Re: 66 , 67 , 68 Motions to Compel. IT IS FURTHER ORDERED that a telephonic status check is scheduled for 10:45 a.m. on 6/5/18. Signed by Magistrate Judge Peggy A. Leen on 5/29/2018. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-01108-JCM-PAL Document 74 Filed 05/23/18 Page 1 of 4

1
2
3
4
5
6
7

J. Scott Burris
Nevada Bar No. 10529
Amanda A. Ebert
Nevada Bar No. 12731
Wilson, Elser, Moskowitz,
Edelman & Dicker LLP
300 South 4th Street, 11th Floor
Las Vegas, NV 89101
[phone]; FAX [phone]
[e-mail]
Attorneys for Defendant/Third-Party Plaintiff
Acrylic Tank Manufacturing Of Nevada

8
*INSERT RALPH PRO HAC*
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11
12
13

Steven Malcolm,
Plaintiff, Individual
vs.

14
15
16
17
18
19
20
21
22
23

Acrylic Tank Manufacturing, Inc., a Nevada
company; Reynolds Polymer Technology, Inc.,
a foreign company,

CASE NO.: 2:17-cv-01108-JCM-PAL
JOINT STIPULATION AND ORDER
WITHDRAWING MOTIONS TO COMPEL
(ECF NOS. 66, 67 & 68) AND
CONFERENCE MANAGEMENT REPORT

Defendants.
_______________________________________
Acrylic Tank Manufacturing, Inc., a Nevada
company,
Third-Party Plaintiff
vs.
Reynolds Polymer Technology, Inc., a foreign
company.
Third-Party Defendant
Defendant and third party plaintiff, Acrylic Tank Manufacturing, Inc. (“ATM”), by and

24

through its counsel of record, J. Scott Burris, Amanda Ebert, and Ralph Robinson, of the law firm

25

Wilson Elser Moskowitz Edelman & Dicker LLP, together with Plaintiff Steven Malcolm’s

26

(“Malcolm”), by and through his counsel of record, Alaina Stephens and James Glennon of the law

27

firm of Foran Glennon Palandech Ponzi & Rudloff PC, hereby stipulate and agree to the withdraw of

28

their pending motions to compel. The parties, including Reynolds Polymer Technology, Inc., by

1289434v.1

Case 2:17-cv-01108-JCM-PAL Document 74 Filed 05/23/18 Page 2 of 4

1

and through its counsel of record, David Barron and John Barron, of the law firm Barron & Pruitt,

2

further stipulate to the conference management report.

3

I.

Grounds for Withdrawal of Motions to Compel Without Prejudice

4
5

The parties have engaged in negotiations regarding potential settlement, and proposed

6

mediation for which the parties are working on protocols that would lead to a mediation within the

7

next 60 to 90 days. Between now and then, the parties seek to conserve costs and extend deadlines

8

or stay the case.

9

a . Extension to permit Mediation

10
11
12
13
14
15
16
17

Before arriving at the agreements upon which this stipulation is based, the parties undertook
additional efforts to complete the scheduling for the settings of depositions of U.S. and international
witnesses. However, in anticipation of the parties’ collective ability to engage in mediation, the
parties have not finalized the scheduling of these depositions. The parties anticipate that these
depositions could be extremely costly, and in an effort to save great expense, plans for depositions
are currently on hold. The parties do expect to receive additional documents from the architect in
Scotland from his damaged hard drive.

18

Overall, in an effort to conserve judicial resources, as well as to pursue mediation and

19

potential resolution of the matter, the parties agree to withdraw their pending motions to compel, and

20

seek a stay of Discovery or extension of the deadlines in this matter.

21

B.

22

Additionally, ATM is preparing a motion to intervene in the Colorado action. All parties

23
24
25

ATM seeks intervention in the Colorado matter

agree that this matter, including the portion currently in litigation in Nevada, should be consolidated
at some point in the future.
THEREFORE, IT IS HEREBY JOINTLY STIPULATED AND AGREED THAT Defendant

26
27
28

ACRYLIC TANK MANUFACTURING, INC.’S Emergency Motions to Compel Plaintiff to
Identify Scottish Witnesses filed on May 9, 2018 (ECF No. 67) and May 11, 2018 (ECF No. 68),
2
1289434v.1

Case 2:17-cv-01108-JCM-PAL Document 74 Filed 05/23/18 Page 3 of 4

1

together with Plaintiff STEVEN MALCOLM’S Motion to Compel Cutting and Testing of the

2

Aquarium Pursuant to Proposed Protocol filed May 9, 2018 (ECF No. 66), each be withdrawn in

3

their entirety. The parties stipulate to the withdrawal of the motions without prejudice, and agree

4

that each motion, individually, may be re-filed at a later date if needed.

5
6
7
8

IT IS SO STIPULATED BY:

DATED this day of May, 2018.

DATED this 23rd day of May, 2018.
WILSON ELSER MOSKOWITZ
EDELMAN DICKER &, LLP

FORAN GLENNON PALANDECH PONZI
& RUDLOFF PC

/s/ J. Scott Burris
J. Scott Burris, Esq.
Nevada Bar No. 10529
Amanda A. Ebert, Esq.
Nevada Bar No. 12731
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101
Attorneys for Defendant Acrylic Tank
Manufacturing, Inc.

/s/ James B. Glennon (with permission)
Alaina C. Stephens, Esq.
Nevada Bar No. 13512
James B. Glennon, Esq.
Nevada Bar No. 6658
2200 Paseo Verde Parkway, Suite 280
Henderson, Nevada 89052
Attorneys for Plaintiff

9
10
11
12
13
14
15
16
17

DATED this day of May, 2018.
BARRON & PRUITT

18
19
20
21
22
23
24

David Barron, Esq.
Nevada Bar No. 142
John d. Barron Esq.
Nevada Bar No. 14029
3890 West Ann Road
North Las Vegas, NV 89031-4416
Attorneys forDefendant Reynolds Polymer
Technology

25
26
27
28

3
1289434v.1

Case 2:17-cv-01108-JCM-PAL Document 74 Filed 05/23/18 Page 4 of 4

1

2

ORDER
This Court finds good cause for withdrawal of Plaintiff’s Motion to Compel (ECF No. 66) as

3

well as Defendant ATM’s Motions to Compel (ECF No. 67 & 68) without prejudice. The parties

4

may re-file their respective motions at a later date.

5

IT IS SO ORDERED.

6

IT IS FURTHER ORDERED that a telephonic status check is scheduled for 10:45 a.m. on

7

June 5, 2018. Those appearing telephonically may contact Courtroom Deputy Jeff Miller at (702)

8

464-5420 no later than June 1, 2018, to indicate a number where counsel may be reached for the

9

hearing.

10

Dated this 29th day of May, 2018.
____________________________________
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4
1289434v.1