Snap Lock Industries, Inc. v. Swisstrax Corporation

Filing 71

ORDER Granting 43 Stipulation for Scheduling Dates re: 42 Minutes of Proceedings - Evidentiary Hearing. Evidentiary Hearing set for 9/10/2018 at 09:30 AM in LV Courtroom 7C before Judge Richard F. Boulware II. Signed by Judge Richard F. Boulware, II on 8/31/2018. (Copies have been distributed pursuant to the NEF - MR)

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J. Stephen Peek
Nevada Bar No. 1758
Ryan A. Loosvelt
Nevada Bar No. 8550
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 admission)
Tamara L. Kapaloski (pro hac admission)
HOLLAND & HART LLP
222 South Main Street, Suite 2200
Salt Lake City, UT 84101
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff

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HOLLAND & HART LLP
9555 HILLWOOD DRIVE, 2ND FLOOR
LAS VEGAS, NV 89134

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THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

16 SNAP LOCK INDUSTRIES, INC., a Utah
Corporation,
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Plaintiff,
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v.
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SWISSTRAX CORPORATION,
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Defendant.
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CASE NO.: 2:17-cv-02742-RFB-NJK
STIPULATION REGARDING
EVIDENTIARY HEARING

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

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

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submit this Stipulation concerning scheduling of an evidentiary hearing on Snap Lock’s Motion

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for Preliminary Injunction, and concerning the continuance of the Interim Stipulation (ECF. 20),

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pending the Court’s Order on that Motion.

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By way of background, the Court held a hearing on Snap Lock’s Motion for Preliminary

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Injunction on December 18, 2017. The Court heard argument from the Parties on the trademark
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infringement component of Snap Lock’s Motion, and indicated that a ruling on that aspect of
Snap Lock’s Motion would be forthcoming.

evidentiary hearing related to the false advertising component of Snap Lock’s Motion. The
Court directed the Parties to agree on a date for an evidentiary hearing and to contact the
courtroom deputy to schedule the date. See ECF No. 42.

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HOLLAND & HART LLP
9555 HILLWOOD DRIVE, 2ND FLOOR
LAS VEGAS, NV 89134

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Before the holidays, the parties submitted three days to the Court on which the parties
and the witnesses were available,1 and advised the Court telephonically of the potential
availability of those dates.

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However, immediately after the holidays, an unavoidable and

important business conflict arose for Jorgen Moller, Snap Lock’s CEO, who has submitted two
declarations supporting Snap Lock’s Motion.2 Mr. Moller will be out of the country attending to
critical business on the dates to which the parties had previously agreed. Swisstrax’s counsel has
indicated that it expects to cross-examine Mr. Moller at the evidentiary hearing, and would prefer
to have the evidentiary hearing when all of the parties are available. However, Snap Lock has a
2-3 week jury trial in Nashville, Tennessee that will have Snap Lock’s lead trial counsel (Brett L.
Foster and Tamara Kapaloski) in Nashville from mid-February through the first week of March.

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The Court indicated that it would hold an

After meeting and conferring in regard to this matter, the Parties stipulated that they are
available for an evidentiary hearing in this case currently any time on the following dates:
March 12-16, 19, 20, 21 2018, or convenient dates for the Court thereafter. The Parties would
prefer to avoid either Monday (March 12th and 19th) to enable them to have witnesses travel and
prepare for the evidentiary hearing.

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The dates were January 23, 24, and 25, 2018.
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In addition, Tammy Kapaloski’s father unexpectedly passed away on Sunday morning,
January 7, 2018. She is one of Snap Lock’s lead attorneys. For the immediate future, she will be
tending to her family’s needs.
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Given the length of time between the filing of the Motion and these dates for the
evidentiary hearing, the Parties hereby stipulate to have the Interim Stipulation (ECF 20)
continue to apply pending the Court’s orders on Snap Lock’s pending Motion for Preliminary
Injunction.
DATED this 10th day of January, 2018.

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HOLLAND & HART LLP

DICKSON WRIGHT PLLC

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/s/ Brett L. Foster
J. Stephen Peek
Nevada Bar No. 1758
Ryan A. Loosvelt
Nevada Bar No. 8550
HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

/s/ Steven A. Caloiaro
(with permission given to filing attorney)
John L. Krieger
Nevada Bar No. 6023
Steven A. Caloiaro
Nevada Bar No. 12344_
DICKSON WRIGHT PLLC
8363 West Sunset Road, Suite 200
Las Vegas, NV 89113

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HOLLAND & HART LLP
9555 HILLWOOD DRIVE, 2ND FLOOR
LAS VEGAS, NV 89134

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Brett L. Foster (pro hac admission)
Tamara L. Kapaloski (pro hac admission)
HOLLAND & HART LLP
222 South Main Street, Suite 2200
Salt Lake City, UT 84101
Attorneys for Plaintiff

ORDER

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Attorneys for Defendant

IT IS SO ORDERED and this matter is set for an evidentiary hearing on September 10,
2018 at 9:30 AM, in LV Courtroom 7C. .
DATED this 31st day of August, 2018.
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__________________________________
RICHARD F. BOULWARE, II
United States District Judge

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