JS Products, Inc. v. Roller Clutch Tools, LLC

Filing 37

ORDER Granting 36 Stipulation for Extension of Time re 30 Motion to Dismiss and 7 Motion to Enjoin (Third Request). Responses due by 2/2/2018. Replies due by 2/2/2018. Signed by Chief Judge Gloria M. Navarro on 1/18/2018. (Copies have been distributed pursuant to the NEF - MR)

1 Craig A. Newby (Nevada Bar No. 8591)
McDONALD CARANO, LLP
2 2300 W. Sahara Ave., Ste. 1200
Las Vegas, NV 89102
3 Tel. [phone]
Fax [phone]
4 Email: [e-mail]
5 John B. Sganga, Jr. (Admitted Pro Hac Vice)
Sean M. Murray (Admitted Pro Hac Vice)
6 Joshua Stowell (Admitted Pro Hac Vice)
Justin J. Gillett (Admitted Pro Hac Vice)
7 KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Fourteenth Floor
8 Irvine, CA 92614
Phone: [phone]
9 Facsimile: [phone]
Email: [e-mail]
10 Email: [e-mail]
Email: [e-mail]
11 Email: [e-mail]
12 Attorneys for Plaintiff,
JS Products, Inc.
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FOLEY & OAKES, PC
Daniel T. Foley (Nevada State Bar No.
1079)
626 So. 8th Street
Las Vegas, NV 89101
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
BUETHER JOE & CARPENTER, LLC
ERIC W. BUETHER (to be Admitted Pro
Hac Vice)
Email: [e-mail]
CHRISTOPHER M. JOE (to be Admitted
Pro Hac Vice)
Email: [e-mail]
MICHAEL D. RICKETTS (to be Admitted
Pro Hac Vice)
Email: [e-mail]
1700 Pacific Avenue, Suite 4750
Dallas, Texas 75201
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant,
ROLLER CLUTCH TOOLS, LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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JS PRODUCTS, INC., a Nevada corporation,
Plaintiffs,
v.

ROLLER CLUTCH TOOLS, LLC,
22 a California limited liability company,
Defendant.

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Case No. 2:17-cv-02615-GMN-GWF
STIPULATION REGARDING
EXTENSION OF TIME FOR PLAINTIFF
TO RESPOND TO DEFENDANT’S
MOTION TO DISMISS; AND TO REPLY
TO ITS MOTION TO ENJOIN ROLLER
CLUTCH FROM PROSECUTING CASE
AGAINST DEFENDANT BEFORE THE
EASTERN DISTRICT TO TEXAS
(Third Request for Extension to Respond to
Motion to Dismiss)

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(Fourth Request for Extension to Reply to
Its Motion to Enjoin Roller Clutch)

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STIPULATION FOR EXTENSION OF TIME

CASE NO 2:17-CV-02615-GMN-GWF
4844-6213-5642, v. 1

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Pursuant to Fed. R. Civ. P. 6(b)(1)(A), Local Rules 6-1 and 6-2, Plaintiff JS Products,

2 Inc. (“JS Products” or “Plaintiff”) has requested, and Defendant Roller Clutch Tools, LLC
3 (“Roller Clutch” or “Defendant”) has agreed to, a two week extension of time, until February
4 2, 2018, for Plaintiff to file its Response to Defendant’s Motion to Dismiss for Lack of Personal
5 Jurisdiction Under Fed. R. Civ. P. 12(b)(2) and Improper Venue Under Fed. R. Civ. P. 12(b)(3).
6 (ECF No. 30, “Motion”). This is the Parties’ third request for an extension of the deadline to
7 oppose the Motion. The Motion was originally filed on December 15, 2017 and the opposition
8 is currently scheduled to be due on or before January 19, 2018.
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Further, Defendant has also agreed to, a two week extension of time, until February 2,

10 2018, for Plaintiff to file its Reply to Its Motion to Enjoin Roller Clutch Tools, LLC from
11 Prosecuting its Case Against Defendant before the United States District Court for the Eastern
12 District of Texas. (ECF No. 07, “Motion”). This is the Parties’ fourth request for an extension
13 of the deadline to oppose the Motion. The Motion was originally filed on October 20, 2017, the
14 Opposition (ECF No. 29, “Opposition”) was filed December 15, 2017 and the Reply is
15 currently scheduled to be due on or before January 19, 2018.
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Good cause exists for this Court to grant this final extension because the Parties

17 have reached an agreement in principle that settles all matters in controversy between
18 them. Since submitting the last request for a time extension, the parties have exchanged
19 several drafts of a comprehensive settlement agreement and are making progress toward
20 reaching mutually agreeable language for several provisions in the agreement. The Parties
21 respectfully and jointly request that this Court grant the requested extension to allow the parties
22 to devote their full attention to finalizing the agreement, which will result in a dismissal
23 stipulation being filed with the Court, and will moot the pending motions. The parties are
24 amenable to a status conference before the Court, should it desire a further update on the
25 status of drafting a final, comprehensive settlement agreement.
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Accordingly, the Parties hereby stipulate that Plaintiff has until February 2, 2018 to

27 file its Opposition to Defendant Roller Clutch’s Motion to Dismiss for Lack of Personal
28 Jurisdiction Under Fed. R. Civ. P. 12(b)(2) and Improper Venue Under Fed. R. Civ. P.
-1STIPULATION FOR EXTENSION OF TIME

CASE NO 2:17-CV-02615-GMN-GWF
4844-6213-5642, v. 1

1 12(b)(3); and to Reply to Its Motion to Enjoin Roller Clutch Tools, LLC from Prosecuting its
2 Case Against the Defendant in the matter before the United States District Court for the
3 Eastern District of Texas.
4 Dated: January 17, 2018

MCDONALD CARANO LLP

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/s/ Craig A. Newby
Craig A. Newby (Nevada Bar No. 8591)
Amanda M. Perach (Nevada Bar No. 12399)
2300 W. Sahara Ave., Suite 1200
Las Vegas, NV 89102
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

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John B. Sganga, Jr. (Admitted Pro Hac Vice)
Sean M. Murray (Admitted Pro Hac Vice)
Joshua Stowell (Admitted Pro Hac Vice)
Justin J. Gillett (Admitted Pro Hac Vice)
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Fourteenth Floor
Irvine, CA 92614
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiff, JS Products, Inc.

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-2STIPULATION FOR EXTENSION OF TIME

CASE NO 2:17-CV-02615-GMN-GWF
4844-6213-5642, v. 1

BUETHER JOE & CARPENTER, LLC

1 Dated: January 17, 2018
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/s/ Michael D. Ricketts
Daniel T. Foley (Nevada State Bar No.1078)
626 So. 8th Street
Las Vegas, NV 89101
FOLEY & OAKES, PC
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

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Eric W. Buether (to be Admitted Pro Hac Vice)
Email: [e-mail]
Christopher M. Joe (to be Admitted Pro Hac Vice)
Email: [e-mail]
Michael D. Ricketts (to be Admitted Pro Hac Vice)
Email: [e-mail]
1700 Pacific Avenue, Suite 4750
Dallas, TX 75201
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant, Roller Clutch Tools, LLC

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ORDER
IT IS SO ORDERED.

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DATED this___day of January, 2018.

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_____________________________________
Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT JUDGE

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-3STIPULATION FOR EXTENSION OF TIME

CASE NO 2:17-CV-02615-GMN-GWF
4844-6213-5642, v. 1

CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that I am an employee of McDonald Carano LLP, and that on

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January 17, 2018, I caused a true and correct copy of the foregoing STIPULATION

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REGARDING EXTENSION OF TIME FOR PLAINTIFF TO RESPOND TO

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DEFENDANT’S MOTION TO DISMISS; AND TO REPLY TO ITS MOTION TO

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ENJOIN ROLLER CLUTCH FROM PROSECUTING CASE AGAINST DEFENDANT

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BEFORE THE EASTERN DISTRICT TO TEXAS, to be served via the U.S. District Court’s

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Notice of Electronic Filing (“NEF”) in the above-captioned case to:

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Daniel T. Foley (Nevada State Bar No.1078)
626 So. 8th Street
Las Vegas, NV 89101
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

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Eric W. Buether (to be admitted pro hac vice)
Email: [e-mail]
Christopher M. Joe (to be admitted pro hac vice)
Email: [e-mail]
Michael D. Ricketts (to be admitted pro hac vice)
Email: [e-mail]
BUETHER JOE & CARPENTER, LLC
1700 Pacific Avenue, Suite 4750
Dallas, TX 75201
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant,
Roller Clutch Tools, LLC

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/s/ Brian Grubb
An Employee of McDonald Carano LLP

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STIPULATION FOR EXTENSION OF TIME

CASE NO 2:17-CV-02615-GMN-GWF
4844-6213-5642, v. 1