Vanguard Dealer Services, LLC et al v. Cervantes et al

Filing 53

ORDER Granting 52 Stipulation to Stay Discovery Pending Decision on Defendants' Motion to Dismiss. Signed by Magistrate Judge Elayna J. Youchah on 11/19/2021. (Copies have been distributed pursuant to the NEF - JQC)

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Lawrence J. Semenza, III, Esq., Bar No. 7174
Email: [e-mail]
Christopher D. Kircher, Esq., Bar No. 11176
Email: [e-mail]
Jarrod L. Rickard, Esq., Bar No. 10203
Email: [e-mail]
Katie L. Cannata, Esq., Bar No. 14848
Email: [e-mail]
SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Jorge Cervantes
and CEC Industries, Inc.

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UNITED STATES DISTRICT COURT

SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: [phone]

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DISTRICT OF NEVADA

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VANGUARD DEALER SERVICES, LLC
and MOTOR DEALER SERVICES GROUP,
LLC,

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Plaintiffs,
v.

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JORGE CERVANTES, CEC INDUSTRIES,
INC. d/b/a DEALERS DIRECT SYSTEMS
and/or DEALERS DIRECT
CONSULTANTS, and ROBERT KONZEN,

Case No. 2:21-cv-01121-JAD-EJY

PLAINTIFFS AND DEFENDANT
JORGE CERVANTES AND CEC
INDUSTRIES, INC.'S STIPULATION
AND ORDER TO STAY DISCOVERY
PENDING DECISION ON
DEFENDANTS' MOTION TO DISMISS

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Defendants.
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Plaintiffs Vanguard Dealer Services, LLC and Motor Dealer Services Group, LLC

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(together, "Plaintiffs") and Defendants Jorge Cervantes and CEC Industries, Inc. (together,

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"Defendants") (collectively, the "Parties"), by and through their undersigned counsel of record,

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hereby stipulate and agree to the following:

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1.

On September 23, 2021, the Court issued a Minute Order directing the Parties to

submit a proposed discovery plan and scheduling order in accordance with Local Rule 26-1.

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2.

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On October 1, 2021, Defendants filed a Motion to Dismiss Plaintiffs' Amended

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Complaint. (ECF No. 41.) Upon filing their Motion to Dismiss, Defendants were directed to file

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a proposed discovery plan and scheduling order on or before November 15, 2021.
3.

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On October 1, 2021, Plaintiffs and Defendant Robert Konzen filed a Joint Motion

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to Vacate Minute Order in Chambers and to Excuse Compliance with Local Rule 26-1 Pending

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Decisions on Pending Motions. (ECF No. 39.) The Joint Motion requested a temporary stay of

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compliance with Local Rule 26.1 until Konzen's Motion to Dismiss was adjudicated. (Id.)
4.

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thereby staying compliance with Local Rule 26-1 until ten (10) days after a decision was
rendered on Konzen's Motion to Dismiss. (ECF No. 42.)
5.

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SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: [phone]

On October 4, 2021, the Court entered an Order granting the Joint Motion,

Given that Defendants' Motion to Dismiss is also currently pending before the

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Court, the Parties hereby stipulate and agree that the temporary stay of compliance with Local

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Rule 26-1 should also apply to Defendants.
6.

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Pursuant to the Court’s Order dated November 15, 2021 (ECF No. 51), Plaintiffs

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state that they still seek resolution of their Motion for Jurisdictional Discovery (ECF No. 38)

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despite entering into discovery stipulations. Plaintiffs are not asking for a stay of any

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jurisdictional discovery the Court might order, and are not withdrawing or declaring moot their

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Motion for Jurisdictional Discovery. Plaintiffs have stipulated only to a stay of regular discovery

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while the Court considers the pending motions to dismiss filed by Defendants and Plaintiffs’

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counter Motion for Jurisdictional Discovery.

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DATED this 19th day of November, 2021.

DATED this 19th day of November, 2021.

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SEMENZA KIRCHER RICKARD

AKERMAN LLP

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/s/ Lawrence J. Semenza, III
Lawrence J. Semenza, III, Esq., Bar No. 7174
Christopher D. Kircher, Esq., Bar No. 11176
Jarrod L. Rickard, Esq., Bar No. 10203
Katie L. Cannata, Esq., Bar No. 14848
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Attorneys for Defendants Jorge Cervantes
and CEC Industries, Inc.

/s/ Scott Lachman
Melanie D. Morgan, Esq., Bar No. 8215
Scott R. Lachman, Esq., Bar No. 12016
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

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SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Telephone: [phone]

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Attorneys for Plaintiffs Vanguard Dealer
Services, LLC and Motor Dealer Services
Group, LLC

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IT IS SO ORDERED; provided, however, that discovery that may occur once a

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decision on the pending Motion for Jurisdictional Discovery issues, is exempted from

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this Order.

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Dated this 19th day of November 2021.

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_______________________________________
United States Magistrate Judge

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