Snap Lock Industries, Inc. v. Swisstrax Corporation

Filing 221

ORDER granting 217 Stipulation; Re: 156 Motion to Substitute Party. IT IS ORDERED that the parties' stipulation is GRANTED. The August 31, 2020 hearing is VACATED and RESCHEDULED to September 8, 2020, at 9:00 AM by videoconference. Signed by Magistrate Judge Brenda Weksler on 8/20/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02742-RFB-BNW Document 217 Filed 08/18/20 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]
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]
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,
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vs.

Case No. 2:17-cv-02742-RFB-BNW
PROPOSED STIPULATION TO
CONTINUE AUGUST 31, 2020 HEARING
(FIRST REQUEST)

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SWISSTRAX CORPORATION,
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Defendant.
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Plaintiff Snap Lock Industries, Inc. (“Snap Lock”), Defendant Swisstrax Corporation
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(“Swisstrax”), and Respondents Recreational Group, LLC and Swisstrax, LLC (collectively,
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“Respondents”), through their undersigned counsel, hereby stipulate and agree to extend the August
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31, 2020 hearing, as set forth more fully below.
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1.

On July 10, 2020, Snap Lock filed a Motion to Join Respondents to this action under

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Fed. R. Civ. P. 25(c) (the “Rule 25(c) Motion”). See ECF No. 156.
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2.

On July 13, 2020, the Court scheduled a hearing on the Rule 25(c) Motion for August

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18, 2020. See ECF No. 158.
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3.
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4852-8165-9528\1

On July 24, 2020, Swisstrax and Respondents filed oppositions to the Rule 25(c)

Case 2:17-cv-02742-RFB-BNW Document 217 Filed 08/18/20 Page 2 of 4

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Motion. See ECF Nos. 160, 161.

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4.

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No. 191.

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5.

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On July 31, 2020, Snap Lock filed a Reply in Support of its Rule 25(c) Motion. See ECf

On August 4, 2020, Snap Lock filed an Emergency Motion to Compel Documents

Related to the Acquisition of Defendant Swisstrax Corporation. See ECF No. 198.
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That same day, the Court entered an Order (1) vacating the August 18, 2020, hearing

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on the Rule 25(c) Motion, and deferring that hearing until resolution of Snap Lock’s Emergency

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Motion to Compel, and (2) setting a hearing on the Emergency Motion to Compel for August 18, 2020.

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See ECF No. 200.

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7.

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During the August 18, 2020, hearing, the Court denied Snap Lock’s Emergency Motion

to Compel and scheduled a hearing for the Rule 25(c) Motion for August 31, 2020.
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Snap Lock is represented primarily by Brett L. Foster and Tamara L. Kapaloski. Ms.

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Kapaloski intends to argue the Rule 25(c) Motion, as she is more familiar with the motion and

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underlying case law.

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9.

The August 31, 2020, hearing date coincides with the deadline for Snap Lock to respond

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to six motions filed by Swisstrax -- four dispositive motions and two motions to exclude Snap Lock’s

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expert witnesses. (See ECF Nos. 164, 170, 174, 177, 178, and 182.) Ms. Kapaloski is the attorney

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primarily responsible for drafting and preparing Snap Lock’s oppositions to Swisstrax’s six motions

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and for filing them on August 31, 2020.

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10.

In addition, due to a previously scheduled engagement that Ms. Kapaloski cannot

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reschedule, she will be traveling the weekend prior to the August 31, 2020, hearing date and filing

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deadline.

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11.

Ms. Kapaloski needs time to prepare for the hearing on the Rule 25(c) Motion, but is

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already at capacity responding to the six motions that are due on August 31, especially in light of her

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previously scheduled engagement.

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12.

Due to this, Ms. Kapaloski asked counsel for Respondents and for Swisstrax if they

would agree to continue the hearing for a week or two, and they extended that professional courtesy.
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For these reasons, counsel respectfully requests that the hearing be rescheduled for the
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Case 2:17-cv-02742-RFB-BNW Document 217 Filed 08/18/20 Page 3 of 4

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week of September 7 or September 14. Counsel for the parties is available any day during those two

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weeks with the exception of September 9, 10, or 15. September 7 is the Labor Day holiday.

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14.

The Parties do not currently have a trial date. Good cause exists for this request. The

Parties are not seeking the continuance for purposes of undue delay.

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Dated this 18th day of August, 2020.
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DORSEY & WHITNEY LLP

DICKINSON WRIGHT PLLC

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/s/ Tamara L. Kapaloski
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]
Attorneys for Plaintiff

/s/ John L. Krieger
John L. Krieger
Steven A. Caloiaro
8363 West Sunset Road, Suite 200
Las Vegas, NV 89113
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant

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RANDAZZA LEGAL GROUP, PLLC

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/s/ Ronald D. Green
Marc J. Randazza
Ronald D. Green
Alex J. Shepard
2764 Lake Sahara Drive, Suite 109
Las Vegas, NV 89117
Email: [e-mail]
Attorneys for Respondents

IT IS ORDERED that the parties' stipulation is
GRANTED. The August 31, 2020 hearing is
VACATED and RESCHEDULED to September 8,
2020, at 9:00 AM by videoconference.

IT IS SO ORDERED:

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____________________________________
Hon. Brenda Weksler
United States Magistrate Judge
August 20, 2020
DATED: ____________________________

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