Snap Lock Industries, Inc. v. Swisstrax Corporation

Filing 118

ORDER granting 117 Motion to Continue; The hearing on the Motion for Protective Order (ECF No. 92) currently set for March 12, 2019 is VACATED. Signed by Magistrate Judge Peggy A. Leen on 3/11/2019. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02742-RFB-PAL Document 117 Filed 03/11/19 Page 1 of 4

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J. Stephen Peek
Nevada Bar No. 1758
HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Brett L. Foster (pro hac vice admission)
Tamara L. Kapaloski (pro hac vice admission)
DORSEY & WHITNEY LLP
111 S. Main Street Suite 2100
Salt Lake City, UT 84111-2176
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff Snap Lock Industries, Inc.

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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SNAP LOCK INDUSTRIES, INC.,

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Plaintiff,
vs.
SWISSTRAX CORPORATION,

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Defendant.

Case No. 2:17-cv-02742-RFB-PAL
JOINT STIPULATED MOTION TO STAY
MARCH 12 HEARING ON MOTION FOR
PROTECTIVE ORDER PENDING
SETTLEMENT DISCUSSIONS AND
[PROPOSED] ORDER
(FIRST REQUEST)

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Plaintiff Snap Lock Industries, Inc. (“Snap Lock”) and Defendant Swisstrax Corporation

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(“Swisstrax”) (collectively, “Parties”), through their undersigned counsel, hereby respectfully jointly

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submit this Joint Stipulated Motion To Stay March 12 Hearing On Motion For Protective Order

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Pending Settlement Discussions, and state as follows:

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1.

Currently pending before this Court is Snap Lock’s Emergency Motion for Protective

Order Regarding Subpoenas (“Motion for Protective Order”). See ECF No. 92.

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2.

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See ECF No. 106.

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4852-8165-9528\1

A hearing on the Motion for Protective Order is currently scheduled for March 12, 2019.

Case 2:17-cv-02742-RFB-PAL Document 117 Filed 03/11/19 Page 2 of 4

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Also currently pending before this Court is Swisstrax’s Motion to Compel. See ECF

No. 102. The Motion to Compel is fully briefed, but a hearing on the motion has not been scheduled.
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The deadline for completing expert discovery in this case is April 30, 2019, and the

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deadline for filing dispositive motions is May 30, 2019. See ECF No. 115. The Parties will take a total

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of six expert depositions and anticipate that both Parties will file one or more dispositive motions.
5.

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The Parties have agreed to engage in a settlement conference or mediation within the

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next 60 days, to be completed by May 6, 2019, in an attempt to resolve this dispute. To allow the

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parties to dedicate their efforts to the potential settlement of this dispute, and to preserve judicial and

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party resources in the event that settlement negotiations dispose of the case, the parties hereby jointly

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request that the Court stay all case deadlines to allow the Parties to conduct a settlement conference or

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mediation.
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As a result of this, on March 8, 2019, the Parties filed a Joint Stipulation to Continue

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Case Deadlines Pending Settlement Discussions. See ECF No. 116. In that filing, the Parties requested

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that the deadlines for completing expert discovery and for filing dispositive motions be stayed, pending

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the conclusion of the settlement conference or mediation by or on May 6, 2019.
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The Parties hereby also respectfully request that the hearing related to the Motion for

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Protective Order scheduled for March 12, 2019, be vacated, and that it be continued to a date after May

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6, 2019, as necessary, if the parties are unable to resolve their dispute.

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8.

The Parties do not currently have a trial date.

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9.

Good cause exists for this request. Staying the case deadlines, including the March 12

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hearing on Motion for Protective Order, will preserve the resources of both the Court and the parties

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in the event that the ongoing settlement negotiations dispose of this dispute. The Parties are not seeking

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the extensions for purposes of undue delay.

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//

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//
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4852-8165-9528\1

Case 2:17-cv-02742-RFB-PAL Document 117 Filed 03/11/19 Page 3 of 4

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Dated this 11th day of March, 2019.

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DORSEY & WHITNEY LLP

DICKINSON WRIGHT PLLC

/s/ Tamara L. Kapaloskika;jfdlkajdklfajdl
Brett L. Foster
Tamara L. Kapaloski
Dorsey & Whitney, LLP
111 South Main Street, Suite 2100
Salt Lake City, UT 84111-2176
Email: [e-mail]
Email: [e-mail]

/s/ Steven A. Caloiarodlka;jfdlkajdklfajdl
John L. Krieger
Steven A. Caloiaro
Christian T. Spaulding
8363 West Sunset Road, Suite 200
Las Vegas, NV 89113
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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IT IS
ORDER SO ORDERED:

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IT IS ORDERED that the hearing on the Motion for Protective Order (ECF No. 92)
____________________________________
currently set for March 12, 2019 is VACATED. Peggy A. Leen
Hon.
United States Magistrate Judge
Dated: March 11, 2019
DATED: ____________________________
________________________________
Peggy A. Leen
United States Magistrate Judge

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4852-8165-9528\1

Case 2:17-cv-02742-RFB-PAL Document 117 Filed 03/11/19 Page 4 of 4

CERTIFICATE OF SERVICE

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I hereby certify that on the 11th day of March, 2019, the foregoing JOINT STIPULATED

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MOTION TO STAY MARCH 12 HEARING ON MOTION FOR PROTECTIVE ORDER

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PENDING SETTLEMENT DISCUSSIONS AND [PROPOSED] ORDER was served via e-mail

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upon the following:

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J. Stephen Peek
Nevada Bar No. 1758
HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff Snap Lock Industries, Inc.

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John L. Krieger
Steven A. Caloiaro
Christian T. Spaulding
DICKINSON WRIGHT PLLC
8363 West Sunset Road, Suite 200
Las Vegas, NV 89113-2210
[e-mail]
[e-mail]
cspaulding@ dickinsonwright.com

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Attorneys for Defendant Swisstrax Corporation

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/s/ Tamara L. Kapaloski

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4852-8165-9528\1