Snap Lock Industries, Inc. v. Swisstrax Corporation

Filing 126

ORDER granting 125 Motion to Continue; Status Check reset for 7/29/2019 at 09:00 AM in LV Courtroom 3B before Magistrate Judge Brenda Weksler. Signed by Magistrate Judge Brenda Weksler on 6/20/2019. (Copies have been distributed pursuant to the NEF - JM)

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Case 2:17-cv-02742-RFB-BNW Document 125 Filed 06/20/19 Page 1 of 4 1 2 3 4 5 J. Stephen Peek Nevada Bar No. 1758 HOLLAND & HART LLP 9555 Hillwood Drive, 2nd Floor Las Vegas, NV 89134 Phone: (702) 222-2544 Fax: (702) 669-4650 speek@hollandhart.com raloosvelt@hollandhart.com 10 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: (801) 933-7360 Facsimile: (801) 933-7373 foster.brett@dorsey.com kapaloski.tammy@dorsey.com 11 Attorneys for Plaintiff Snap Lock Industries, Inc. 6 7 8 9 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 12 13 14 SNAP LOCK INDUSTRIES, INC., 15 16 17 Plaintiff, vs. SWISSTRAX CORPORATION, 18 Case No. 2:17-cv-02742-RFB-BNW JOINT STIPULATED MOTION TO STAY CASE DEADLINES PENDING SETTLEMENT DISCUSSIONS AND [PROPOSED] ORDER (THIRD REQUEST) Defendant. 19 20 Plaintiff Snap Lock Industries, Inc. (“Snap Lock”) and Defendant Swisstrax Corporation 21 (“Swisstrax”) (collectively, “Parties”), through their undersigned counsel, hereby respectfully jointly 22 submit this Joint Stipulated Motion to Stay Case Deadlines Pending Settlement Discussions, and state 23 as follows: 24 1. On March 8, 2017, the Parties filed a Joint Stipulated Motion to Stay Case Deadlines 25 Pending Settlement Discussions (the “Stay Motion”) (ECF No. 116), advising the Court that the Parties 26 have agreed to engage in a settlement conference or mediation in an attempt to resolve this dispute, 27 and that they anticipated that the conference or mediation would be completed by May 6, 2019. The 28 4852-8165-9528\1 Case 2:17-cv-02742-RFB-BNW Document 125 Filed 06/20/19 Page 2 of 4 1 Parties requested that the Court stay all case deadlines until after the settlement conference or mediation 2 in order to preserve resources of the Court and the Parties in the event that the settlement negotiations 3 dispose of the dispute. 2. 5 On March 14, 2019, the Court entered an order granting the Stay Motion. See ECF No. 3. 4 Although the Parties subsequently agreed on a mediator, they were not able to secure a 119. 6 7 mediation date prior to the May 6, 2019, deadline, as previously contemplated. As a result, on March 8 27, 2019, the parties filed their Joint Stipulated Motion to Stay Case Deadlines Pending Mediation 9 (“Second Stay Motion”). See ECF No. 121. 4. 10 11 On April 1, 2019, the Court entered an order granting the Second Stay Motion, and scheduled a status check for June 25, 2019, at 9:00 a.m. See ECF No. 123. 5. 12 On June 7, 2019, the Parties participated in a mediation before the Honorable Judge Pro 13 (Ret.) in Las Vegas, Nevada. Although the Parties were unable to resolve their dispute during the June 14 7 mediation, settlement discussions are ongoing and the Parties are currently actively involved in 15 attempting to resolve the dispute. 6. 16 As such, the Parties respectfully request that the stay of case deadlines be extended to 17 the week of July 29, 2019, or to the Court’s earliest convenience after that time, to allow the Parties to 18 dedicate their efforts to the potential settlement of this dispute. The Parties also request that the June 19 25, 2019, status check be taken off calendar and rescheduled to the week of July 29, 2019, or to the 20 Court’s earliest convenience after that time. The Parties submit that this request will preserve judicial 21 and party resources in the event that settlement negotiations dispose of the case. 7. 22 23 /// 24 /// 25 /// 26 /// 27 /// 28 The Parties do not currently have a trial date. /// 2 4852-8165-9528\1 Case 2:17-cv-02742-RFB-BNW Document 125 Filed 06/20/19 Page 3 of 4 1 8. Good cause exists for this request. Staying the case deadlines will preserve the 2 resources of both the Court and the Parties in the event that the ongoing settlement negotiations dispose 3 of this dispute. The Parties are not seeking the extensions for purposes of undue delay. 4 5 Dated this 20th day of June, 2019. 6 7 8 9 10 11 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: foster.brett@dorsey.com Email: kapaloski.tammy@dorsey.com /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: jkriger@dickinson-wright.com Email: scaloiaro@dickinson-wright.com Email: cspaulding@dickinson-wright.com 12 13 14 IT IS SO ORDERED. IT IS FURTHER ORDERED that the status check currently set for June 25, 2019 is VACATED and CONTINUED to 9:00 a.m. July 29, 2019. IT IS SO ORDERED: 15 17 ____________________________________ Hon. Brenda Weksler United States Magistrate Judge 18 June 20, 2019 DATED: ____________________________ 16 19 20 21 22 23 24 25 26 27 28 3 4852-8165-9528\1 Case 2:17-cv-02742-RFB-BNW Document 125 Filed 06/20/19 Page 4 of 4 CERTIFICATE OF SERVICE 1 2 I hereby certify that on the 20th day of June, 2019, the foregoing JOINT STIPULATED 3 MOTION TO STAY CASE DEADLINES PENDING SETTLEMENT DISCUSSIONS 4 [PROPOSED] ORDER was served via e-mail upon the following: 5 6 7 8 9 10 J. Stephen Peek Nevada Bar No. 1758 HOLLAND & HART LLP 9555 Hillwood Drive, 2nd Floor Las Vegas, NV 89134 Phone: (702) 222-2544 Fax: (702) 669-4650 speek@hollandhart.com 11 Attorneys for Plaintiff Snap Lock Industries, Inc. 12 John L. Krieger Steven A. Caloiaro Christian T. Spaulding DICKINSON WRIGHT PLLC 8363 West Sunset Road, Suite 200 Las Vegas, NV 89113-2210 jkrieger@dickinson-wright.com scaloiaro@dickinsonwright.com cspaulding@ dickinsonwright.com 13 14 15 16 17 18 Attorneys for Defendant Swisstrax Corporation 19 20 /s/ Tamara L. Kapaloski 21 22 23 24 25 26 27 28 4 4852-8165-9528\1

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