Snap Lock Industries, Inc. v. Swisstrax Corporation

Filing 62

ORDER granting 61 Motion to Amend/Correct; Discovery due by 10/19/2018. Motions due by 11/19/2018. Proposed Joint Pretrial Order due by 12/17/2018. Signed by Magistrate Judge Peggy A. Leen on 5/22/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02742-RFB-PAL Document 61 Filed 05/18/18 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.

Case No. 2:17-cv-02742-RFB-PAL
JOINT MOTION AND STIPULATION TO
AMEND DISCOVERY PLAN AND
SCHEDULING ORDER
(FIRST REQUEST)

SWISSTRAX CORPORATION,

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Defendant.

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Pursuant to Local Rule 26-4 and Local Rule IA 6-1 and the Court’s May 8, 2018, Order (ECF

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No. 59), Plaintiff Snap Lock Industries, Inc. (“Snap Lock”) and Defendant Swisstrax Corporation

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(“Swisstrax”) hereby respectfully jointly move this Court for an entry of an Amended Discovery Plan

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And Scheduling Order.

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1.

On May 8, 2018, the Court entered a Discovery Plan and Scheduling Order (the

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“Scheduling Order”) in this case, which set several case deadlines. See ECF No. 59. Pursuant to the

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Scheduling Order, the fact discovery deadline is currently set for September 10, 2018, the dispositive

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Case 2:17-cv-02742-RFB-PAL Document 61 Filed 05/18/18 Page 2 of 4

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motions deadline is current set for October 10, 2018, and the current deadline for filing the joint

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pretrial order is November 9, 2018. See id.
2.

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R. Civ. P. 26(f) not later than May 21, 2018. See id.
3.

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The Scheduling Order also directed the parties to meet and confer as required by Fed.

The parties conferred pursuant to Rule 26(f) on May 17, 2018, and have submitted a

Rule 26(f) Report and Proposed Discovery Plan (the “Rule 26(f) Report”). See ECF No. 60.
4.

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To provide the parties sufficient time to conduct discovery and avoid scheduling

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conflicts with other matters, both parties hereby jointly request the Court to modify certain of the

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deadlines in the Scheduling Order as set forth in the Rule 26(f) Report to allow adequate time for

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discovery in this action. Specifically, the parties jointly request that the discovery cutoff, dispositive

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motion deadline, and date for filing the joint pretrial order each be extended by approximately five

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weeks.

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5.

This is the first request for extension of these deadlines. No discovery has been

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completed in this action to date, beyond the disclosures provided in the parties’ briefings on the

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pending motion for preliminary injunction.

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6.

Good cause exists for this request. The parties seek a short five week extension of the

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discovery, dispositive motion, and pretrial order deadlines in the Scheduling Order. Modifying

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theses deadlines will permit the parties to take discovery in this action and prepare their respective

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cases, and avoid scheduling conflicts with other matters. No party will be prejudiced by the

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extension requested.

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7.

For these reasons, the parties respectfully request that the Court grant this Joint

Motion and extend the deadlines in the Scheduling Order as follows:

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Deadline
Fact discovery deadline

Existing Date per Scheduling
Order (ECF No. 59)

Proposed New Date

September 10, 2018

October 19, 2018

October 10, 2018

November 19, 2018

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Dispositive motion deadline

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Case 2:17-cv-02742-RFB-PAL Document 61 Filed 05/18/18 Page 3 of 4

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Date to file joint pretrial order

November 9, 2018

December 17, 2018

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8.

The parties propose that all other deadlines remain as set in the current Scheduling

Order.
Dated this 18th day of May, 2018.
DORSEY & WHITNEY LLP

DICKINSON WRIGHT PLLC

/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
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

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

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ORDER

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IT IS SO ORDERED:

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____________________________________
Hon. Peggy A. Leen
United States Magistrate Judge

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May 22, 2018
DATED: ____________________________

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Case 2:17-cv-02742-RFB-PAL Document 61 Filed 05/18/18 Page 4 of 4

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CERTIFICATE OF SERVICE
I hereby certify that on the 18th day of May, 2018, I electronically filed a true and correct
copy of the foregoing JOINT MOTION AND STIPULATION TO AMEND DISCOVERY
PLAN AND SCHEDULING ORDER (FIRST REQUEST) with the Clerk of Court using the
CM/ECF system which will send notification of such filing to all counsel of record.

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/s/ Tamara L. Kapaloski

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