Bullion Monarch Mining, Inc. v. Barrick Goldstrike Mines, Inc. (Sub File of 3:08-cv-227-ECR-VPC)

Filing 296

ORDER granting 295 Motion to Extend Time; Re: 281 Motion to Dismiss. Replies due by 5/25/2018. Signed by Judge Miranda M. Du on 5/18/2018. (Copies have been distributed pursuant to the NEF - PAV)

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PARSONS BEHLE & LATIMER

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Michael R. Kealy (Nevada Bar No. 0971)
50 West Liberty Street, Suite 750
Reno, NV 89501
Telephone:
[phone]
Facsimile:
[phone]

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Francis M. Wikstrom (Utah Bar No. 3462; admitted pro hac vice)
Michael P. Petrogeorge (Utah Bar No. 8870; admitted pro hac vice)
Brandon J. Mark (Utah Bar No. 10439; admitted pro hac vice)
One Utah Center
201 South Main Street, Suite 1800
Salt Lake City, UT 84111
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Attorneys for Barrick Goldstrike Mines Inc.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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BULLION MONARCH MINING INC.,
Plaintiff,

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vs.

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BARRICK GOLDSTRIKE MINES INC.,

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Defendant.

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Case No. 03:09-cv-612- MMD-WGC
(Sub File of 3:08-cv-227- MMD-WGC)
RENEWED STIPULATED
MOTION TO EXTEND
DEADLINE ON BARRICK
GOLDSTRIKE MINES INC.’S
REPLY IN SUPPORT OF
RENEWED MOTION TO
DISMISS FOR LACK OF
JURISDICTION (FIRST
REQUEST)

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Barrick Goldstrike Mines Inc. (“Goldstrike”), by and through undersigned

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counsel, moves this Court for an order extending the deadline on its reply in support of

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its Renewed Motion to Dismiss for Lack of Jurisdiction [Doc. 281] (the “Renewed

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Motion”). The Renewed Motion was filed by Goldstrike on April 20, 2018. Bullion

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PARSONS
BEHLE &
LATIMER

4819-5551-0630V1

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Monarch Mining, Inc. (“Bullion”) filed its opposition under seal on May 11, 2018.
Goldstrike seeks to extend the deadline by four days, from Monday, May 21, 2018, to
Friday, May 25, 2018. Although the overall briefing schedule for the Renewed Motion
was revised once before in order to accommodate the delivery of deposition transcripts
(see Order Granting ECF No. 279 Joint and Stipulated Motion to Revise Briefing
Schedule for Goldstrike’s Motion to Dismiss [Doc. 280]), this is the first request to
extend the deadline on Goldstrike’s reply.1

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The four-day extension on Goldstrike’s reply is requested for two reasons. First,
Bullion Monarch Mining, Inc.’s (“Bullion”) opposition to the Renewed Motion was
timely filed on Friday, May 11, 2018, but Goldstrike did not obtain an
unsealed/unredacted copy of Bullion’s opposition until Monday, May 14, 2018. Second,
while counsel for Goldstrike has worked diligently throughout the week to draft the
reply, the draft is being internally reviewed and edited and counsel wants to ensure that
the client has adequate time to review, comment on and approve the reply prior to filing.

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Counsel for Bullion stipulates to and does not oppose this motion.

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Dated: May 18, 2018

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PARSONS BEHLE & LATIMER

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By: /s/ Michael P. Petrogeorge
Francis Wikstrom, Esq.
Michael Kealy, Esq.
Michael P. Petrogeorge, Esq.
Brandon J. Mark, Esq.
Attorneys for Defendant
Barrick Goldstrike Mines Inc.

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Goldstrike filed its first motion to extend the deadline on the reply on May 17, 2018 [Doc. 293]. The
Court denied that motion on May 18, 2018, because it did not fully comply with LR IA 6-2 [Doc. 294].
Goldstrike therefore refiles the motion to comply with LR IA 6-2.

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PARSONS
BEHLE &
LATIMER

4819-5551-0630V1

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Stipulated and agreed to this 18th day of May, 2018

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LEWIS & ROCA LLC

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By: /s/ Joel D. Henriod (with permission via email)
Daniel F. Polsenberg
Joel D. Henriod
Abraham G. Smith

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Thomas L. Belaustegui
Kent R. Robinson
Clayton P. Brust
ROBINSON, SHARP, SULLIVAN & BRUST

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Attorneys for Bullion Monarch Mining, Inc.

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IT IS SO ORDERED:

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MIRANDA M. DU

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UNITED STATES DISTRICT JUDGE

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May 18, 2018
DATED: ________________________

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PARSONS
BEHLE &
LATIMER

4819-5551-0630V1

Case 3:09-cv-00612-MMD-WGC Document 295 Filed 05/18/18 Page 4 of 4

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CERTIFICATE OF SERVICE

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I hereby certify that on this 18th day of May, 2018, I filed the foregoing RENEWED

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STIPULATED MOTION TO EXTEND DEADLINE ON BARRICK GOLDSTRIKE

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MINES INC.’S REPLY IN SUPPORT OF RENEWED MOTION TO DISMISS FOR

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LACK OF JURISDICTION with the Court using the CM/ECF system, which caused electronic

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service to be made on the following:

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Clayton P. Brust
Robinson, Sharp, Sullivan & Brust
71 Washington Street
Reno, Nevada 89503
[e-mail]

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Daniel F. Polsenberg
Joel D. Henriod
Abraham G. Smith
Lewis Roca Rothgerber, LLP.
3993 Howard Hughes Pkwy, Ste. 600
Las Vegas, NV 89169
[e-mail]

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/s/ Michael P. Petrogeorge

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PARSONS
BEHLE &
LATIMER

4819-5551-0630V1