Levels Network, Inc. et al v. Frey

Filing 37

ORDER Granting #36 Stipulation to set Briefing schedule and Allow a Supplemental Briefing. Responses due by 11/29/2021. Replies due by 12/10/2021. Signed by Judge Richard F. Boulware, II on 11/17/2021. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:21-cv-01796-RFB-BNW Document 37 Filed 11/17/21 Page 1 of 3

1 Marquis Aurbach Coffing
Brian R. Hardy, Esq.
2 Nevada Bar No. 10068
Susan E. Gillespie, Esq.
3 10001 Park Run Drive
Las Vegas, Nevada 89145
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
[e-mail]
6
Attorneys for Defendant Jonas Frey

10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

UNITED STATES DISTRICT COURT

8

MARQUIS AURBACH COFFING

7

DISTRICT OF NEVADA

9 LEVELS NETWORK, INC., a Delaware
Case Number:
corporation; and AW BETEILIGUNGS
2:21-CV-01796-RFB-BNW
10 GMBH, a limited liability company organized
under the laws of Germany,
11
STIPULATION AND ORDER TO SET
Plaintiffs,
BRIEFING SCHEDULE AND ALLOW
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A SUPPLEMENTAL BRIEFING ON
vs.
THE PENDING MOTION FOR ENTRY
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OF PRELIMINARY INJUNCTIVE
JONAS FREY, an individual,
RELIEF PURSUANT TO FED. R. CIV.
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P. 65 AND LR IA 7-2
Defendant.
[ECF NO. 8]
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(First Request)
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Pursuant to LR IA 6-1 and 6-2 and LR II 7-2(g), Plaintiffs Levels Network, Inc. and

18 AW Beteiligungs GMBH (collectively “Plaintiffs”), by and through their counsel of record,
19 Kevin Murphy, Esq. (phv) of Wuersch & Gering LLP, and Brian W. Boschee and James D.
20 Boyle, of Holley Driggs and Defendant Jonas Frey, by and through his counsel of record,
21 Brian R. Hardy, Esq. and Susan E. Gillespie, Esq., of Marquis Aurbach Coffing, hereby
22 stipulate and agree to allow for supplemental briefing in response to Plaintiffs’ Reply in
23 Support of Motion for Entry of Preliminary Injunctive Relief Pursuant to Fed. R. Civ. P. 65
24 and LR IA 7-2. [ECF No. 34] (the “Reply Brief”). This Stipulation is being entered in good
25 faith and not for purposes of delay. This is the parties first request for additional briefing.
26

During the Parties’ meet and confer teleconference on November 16, 2021, the Parties

27 discussed the need, for the benefit and edification of the Court, to submit supplemental
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Case 2:21-cv-01796-RFB-BNW Document 37 Filed 11/17/21 Page 2 of 3

1 briefing on specific issues raised in the Reply Brief. Counsel for both Parties agree that such
2 supplemental briefing will provide this Court with additional factual and legal context to said
3 issues, and good cause therefore exists pursuant to LR II 7-2(g) for this Court to grant the
4 Parties to submit supplemental briefing as set forth below.
5

1.

On September 29, 2021, Plaintiffs filed their Motion for Preliminary

6 Injunction. ECF No. 8.
7

2.

On October 7, 2021, Defendant was served with the Complaint.

8

3.

On October 20, 2021, the Court issued a minute order that ordered Defendant

9 to respond to the Motion for Preliminary Injunction on or before October 21, 2021 and

11
10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

10 Plaintiffs to file their reply on or before October 28, 2021. ECF No. 18.
4.

On October 21, 2021, the parties stipulated and the Court granted an extension

12 to the briefing schedule set by the Court in order to continue with good faith discussions to
13 reach a resolution of the issues raised in the Motion for Preliminary Injunction, and potentially
14 in the case overall. ECF No. 21.
15

5.

On October 28, 2021, the parties stipulated a second time and the Court again

16 granted an extension to the briefing schedule set by the Court in order to continue with good
17 faith discussions to reach a resolution of the issues raised in the Motion for Preliminary
18 Injunction, and potentially in the case overall. ECF No. 24.
19

6.

On November 2, 2021, Defendant filed his Opposition to Plaintiffs’ Motion for

20 Preliminary Injunction. ECF No. 32.
21

7.

On November 9, 2021, Plaintiffs filed their Reply in Support of Plaintiffs’

22 Motion for Preliminary Injunction (“Plaintiffs’ Reply”). ECF No. 34.
23

8.

On November 16, 2021, the parties held a meet and confer to discuss the

24 arguments and new request for alternative relief in Plaintiffs’ Reply. The parties agreed
25 additional briefing was warranted based upon Plaintiffs’ request for alternative relief in
26 Plaintiffs’ Reply.
27
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1

9.

The parties hereby agree that Defendant may file a Supplemental Opposition

2 in response to the newly raised alternative relief in Plaintiffs’ Reply. Defendant’s
3 Supplemental Opposition will be due on or before November 29, 2021.
4

10.

The parties hereby agree that Plaintiffs may file a Supplemental Reply in

5 response to Defendant’s Supplemental Opposition. Plaintiffs’ Supplemental Reply will be due
6 on or before December 10, 2021.
7

IT IS SO STIPULATED.

8

Dated this 17th day of November, 2021.

Dated this 17th day of November, 2021.

9

HOLLEY DRIGGS

MARQUIS AURBACH COFFING

By: s/James D. Boyle
James D. Boyle, Esq.
Nevada Bar No. 8384
400 South 4th St., 3rd Floor
Las Vegas, Nevada 89101
Attorneys for Plaintiffs

By: s/Brian R. Hardy
Brian R. Hardy, Esq.
Nevada Bar No. 10068
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Defendant Jonas Frey

11
10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

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WUERSCH & GERING LLP
By: s/Kevin Murphy
Kevin Murphy, Esq. (phv)
100 Wall St. 10th Floor
New York, NY 10005
Attorneys for Plaintiffs
ORDER
IT IS SO ORDERED this ____ day of _________________, 2021.
17th
November

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___________________________________
UNITED STATES DISTRICT JUDGE

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