Universal Entertainment Corporation v. Aruze Gaming America, Inc. et al

Filing 66

ORDER Granting 65 Stipulation for Extension of Time re 59 , 60 Motions to Dismiss. Replies due by 2/1/2019. Signed by Magistrate Judge George Foley, Jr on 1/28/2019. (Copies have been distributed pursuant to the NEF - MR)

1
2
3
4
5
6
7
8
9
10
11
12
13

Jay J. Schuttert, Esq.
Nevada Bar No. 8656
David W. Gutke, Esq.
Nevada Bar No. 9820
EVANS FEARS & SCHUTTERT LLP
2300 West Sahara Avenue, Suite 950
Las Vegas, NV 89101
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Email: [e-mail]
Andrew Z. Weaver, Esq.
Pro Hac Vice
Polsinelli PC
1000 Louisiana Street, 64th Floor
Houston, TX 77002
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff/Counter Defendant Universal
Entertainment Corporation and Counter Defendants
Aruze USA and Jun Fujimoto

14
15

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

16

UNIVERSAL ENTERTAINMENT
17 CORPORATION, a Japanese corporation

CASE NO.: 2:18-00585-RFB-GWF

18 Plaintiff,

STIPULATION AND ORDER TO
EXTEND DEADLINE FOR COUNTER
DEFENDANTS TO FILE REPLY
BRIEFS IN SUPPORT OF RULE 12
MOTIONS

19 v.
20 ARUZE GAMING AMERICA, INC., a Nevada
corporation, KAZUO OKADA, an individual
21
Defendants.
22 ______________________________________
ARUZE GAMING AMERICA, INC., a Nevada
23 corporation, KAZUO OKADA, an individual

(THIRD REQUEST)

24 Counterclaimants,
25 v.
26 UNIVERSAL ENTERTAINMENT
CORPORATION, a Japanese corporation,
27 ARUZE USA, a Nevada corporation, and JUN
FUJIMOTO, an individual,
28
Counter Defendants.
1

Case 2:18-cv-00585-RFB-GWF Document 65 Filed 01/24/19 Page 2 of 4

1

IT IS HEREBY STIPULATED AND AGREED, by and between Counter Defendants

2

Universal Entertainment Corporation (“UEC”), Aruze USA (“Aruze USA”) and Jun Fujimoto

3

(“Fujimoto”) (collectively “Counter Defendants”), on one hand, and Counterclaimants Aruze

4

Gaming America, Inc. and Kazuo Okada (collectively “Counterclaimants”), on the other, through

5

their respective counsel of record, as follows:

6
7
8
9
10

1.

On September 20, 2018, Counterclaimants filed an Answer to the Second Amended

Complaint and Counterclaim (ECF No. 50)
2.

On October 11, 2018, Counterclaimants filed an Amended Answer to the Second

Amended Complaint and Counterclaim (ECF No. 58) (the “Counterclaim”).
3.

The deadline for the Counter Defendants to file a reply or a motion under Fed. R. Civ.

11

P. 12 (“Rule 12”) to the Counterclaim was extended pursuant to the parties’ prior stipulation as

12

follows: (i) UEC’s deadline was extended from October 11, 2018 to December 5, 2018; and (ii)

13

Aruze USA’s and Fujimoto’s deadline was extended to December 5, 20181.

14

4.

The deadline for Counterclaimants to file a response to any motion filed under Rule

15

12 by any of the Counter Defendants was extended from December 19, 2018 to January 9, 2019.

16

This request was based on the parties’ efforts to consolidate the deadlines by the Counter Defendants

17

to file any answer or motion and due to the parties’ counsel’s December holiday schedules.

18

5.

The parties later agreed to extend the deadline for Counterclaimants’ responses to

19

Counter Defendants’ Rule 12 Motions from January 9, 2019 to January 18, 2019 because of

20

unanticipated circumstances beyond the control of counsel necessitating additional time to prepare

21

their responses to the Rule 12 Motions. Coutnerclaimants filed their responses to Counter

22

Defendants’ Rule 12 Motions on January 18, 2019 (EFC Nos. 63 and 64).

23

6.

The parties have now agreed to extend the time for Counter Defendants to file their

24

reply briefs in support of their Rule 12 Motions from January 25, 2019 to February 1, 2019. Counter

25

Defendants require additional time to prepare their reply briefs given that Counterclaimants received

26
27
28

1 However, because of the passing of former President George H.W. Bush, December 5, 2018 was
declared a day of mourning and the Federal Courts were closed. Accordingly, Counter Defendants
filed their motions under Rule 12 on the following day, December 6, 2018 (ECF Nos. 59 and 60).
2

Case 2:18-cv-00585-RFB-GWF Document 65 Filed 01/24/19 Page 3 of 4

1

an extension to file their responses from January 9, 2019 to January 18, 2019, which severely

2

shortened Counter Defendants time to prepare and file their reply briefs.

3

7.

This is the parties’ third request for an extension of these deadlines.

4

8.

Accordingly, for good cause showing, the parties have agreed to the foregoing

5
6
7

extension of the deadlines.
DATED this 24th day of January 2019.
HOLLAND & HART LLP

EVANS FEARS & SCHUTTERT LLP

By: /s/ Bryce K. Kunimoto
J. Stephen Peek, Esq.
Nevada Bar No. 1758
Bryce K. Kunimoto, Esq.
Nevada Bar No. 7781
Robert J. Cassity, Esq.
Nevada Bar No. 9779
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

By: /s/ David W. Gutke
Jay J. Schuttert, Esq.
Nevada Bar No. 8656
David W. Gutke, Esq.
Nevada Bar No. 9820
2300 West Sahara Avenue, Suite 950
Las Vegas, NV 89102

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Andrew Z. Weaver, Esq. (pro hac vice)
Polsinelli PC
1000 Louisiana Street, 64th Floor
Houston, TX 77002

Attorneys for Defendants/
Counterclaimants Aruze Gaming
America, Inc. and Kazuo Okada

Attorneys for Plaintiff/Counter
Defendant Universal Entertainment
Corporation and Counter Defendants
Aruze USA and Jun Fujimoto

Jeffrey S. Love, Esq. (pro hac vice)
Klarquist Sparkman, LLP
121 SW Salmon St., Ste. 1600
Portland, OR 97204
Attorneys for Defendant/
Counterclaimant Aruze Gaming
America, Inc.

ORDER
IT IS SO ORDERED.
_____________________________________
UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT COURT JUDGE/
UNITED STATES MAGISTRATE JUDGE
01-28-2019
DATED: _______________________________

CASE NO.: 2:18-cv-00585-RFB-GWF
3