The Nativity Stone Collection, LLC v. SAS Group, Inc.

Filing 6

ORDER Granting 5 Stipulation to Continue TRO Hearing and Setting Briefing Schedule. TRO Hearing reset for 1/10/2018 at 03:00 PM in LV Courtroom 7D before Judge Richard F. Boulware II. See Order for further deadlines. Signed by Judge Richard F. Boulware, II on 12/21/2017. (Copies have been distributed pursuant to the NEF - ADR)

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DICKINSON WRIGHT PLLC
ERIC D. HONE, Nevada Bar No. 8499
Email: [e-mail]
JOEL Z. SCHWARZ, Nevada Bar No. 9181
Email: [e-mail]
GABRIEL A. BLUMBERG, Nevada Bar No. 12332
Email: [e-mail]
8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210
Tel: [phone]
Fax: [phone]
Attorneys for Defendant SAS Group, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE NATIVITY STONE COLLECTION,
LLC
Plaintiff,

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vs.

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SAS GROUP, INC., a New York corporation;
DOES I through XX, inclusive, ROES I
through XX, inclusive
Defendants.

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Case 2:17-cv-03073-RFB-NJK
STIPULATION AND [PROPOSED]
ORDER:
(1) CONTINUING HEARING ON
TEMPORARY RESTRAINING ORDER
AND PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION
AND
(2) SETTING BRIEFING SCHEDULE

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[FIRST REQUEST]

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Plaintiff The Nativity Stone Collection, LLC (“Plaintiff”) and Defendant SAS Group,

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Inc. (“Defendant,” and together with Plaintiff, the “parties”), by and through their respective

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counsel, hereby STIPULATE AND AGREE:

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1.

The instant action was initially filed by Plaintiff in the District Court for Clark

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County, Nevada.

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2.

On December 8, 2017, the state district court entered an order granting Plaintiff’s

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application for a temporary restraining order (the “TRO”) and setting a hearing on Plaintiff’s

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motion for preliminary injunction for December 19, 2017.

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3.

Defendant was served with the Complaint, Summons and Order Granting

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Temporary Restraining Order on December 11, 2017. Notice of entry of the TRO and the order

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setting hearing on Plaintiff’s motion for preliminary injunction was entered on December 15,

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2017. Although Defendant was not served with notice of entry of the TRO and the state district

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court’s order setting hearing on Plaintiff’s motion for preliminary injunction until December 20,

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2017, Plaintiff did deliver a courtesy copy of the then-to-date filings to Defendant on or about

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December 13, 2017.

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4.

On December 15, 2017, Defendant removed this action to the United States

District Court for the District of Nevada based upon the Court’s diversity jurisdiction.
5.

On December 19, 2017, the Court entered a Minute Order [ECF No. 4] setting a

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hearing regarding the TRO and Plaintiff’s motion for preliminary injunction. The Court’s

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Minute Order required Defendant to file any opposition to Plaintiff’s motion for preliminary

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injunction by December 20, 2017.
6.

Defendant requires additional time to file a substantive opposition to Plaintiff’s

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motion for preliminary injunction. In addition, Defendant has informed Plaintiff that it will be

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filing a motion to dismiss for lack of personal jurisdiction if the Parties are unable to resolve

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their dispute.

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7.

In the last several days, the Parties have engaged in good faith settlement

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discussions in an attempt to resolve their dispute, and the Parties intend to continue those

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discussions in earnest.

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8.

To avoid incurring litigation expenses or requiring the Court to devote time to this

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matter when a resolution is feasible, the Parties have agreed to continue the hearing regarding

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the TRO and Plaintiff’s motion for preliminary injunction to January 10, 2017 at 3 p.m. The

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TRO will be extended and remain in full force and effect until the continued hearing date.

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9.

The parties stipulate and agree that the briefing schedule shall be extended as

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follows: (1) Defendant’s response to the motion for preliminary injunction as well as its motion

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to dismiss for lack of jurisdiction shall be filed not later than December 28, 2017; (2) Plaintiff’s

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reply in support of its motion for preliminary injunction as well as its response to Defendant’s

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motion to dismiss shall be filed not later than January 4, 2018; and (3) Defendant’s reply in

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support of its motion to dismiss shall be filed not later than January 8, 2017.

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Nothing herein shall be construed as consent to the Court’s exercise of personal

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jurisdiction over Defendant, nor do the Parties waive any claim or defense regarding subject

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matter or personal jurisdiction through this Stipulation.

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Further, nothing herein shall be deemed an admission regarding the merits of the

Parties’ claims and/or defenses.

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12.

The stipulation is not made for the purpose of delay.

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13.

This is the first stipulated request to continue the hearing.

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DATED this 21st day of December 2017.

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JOHNSON & GUBLER, P.C.

DICKINSON WRIGHT PLLC

/s/ Matthew L. Johnson
Matthew L. Johnson, Nevada Bar No. 6004
Russell G. Gubler, Nevada Bar No. 10889
Ashveens.Dhillon, Nevada Bar No. 14189
Lakes Business Park
8831 West Sahara Avenue
Las Vegas, NV 89117
Tel: [phone]
Fax: [phone]
Attorneys for The Nativity Stone Collection
LLC

/s/ Eric D. Hone
Eric D. Hone, Nevada Bar No. 8499
Joel Z. Schwarz, Nevada Bar No. 9181
Gabriel A. Blumberg, Nevada Bar No. 12332
8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210
Tel: [phone]
Fax: [phone]
Attorneys for Defendant SAS Group, Inc.

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ORDER
IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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DATED:

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December 21, 2017