Chemeon Surface Technology, LLC vs Metalast International, Inc, et al

Filing 493

ORDER approving ECF No. 492 Stipulation: Proposed Joint Pretrial Order due by 7/18/2019. Signed by Judge Miranda M. Du on 5/7/2019. (Copies have been distributed pursuant to the NEF - KR)

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5441 Kietzke Lane, 2nd Floor
Reno, NV 89511
Phone: [phone] ♦ Fax: [phone]

HOLLAND & HART LLP

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Robert C. Ryan (#7164)
Timothy A. Lukas (#4678)
HOLLAND & HART LLP
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Christopher B. Hadley
(Admitted pro hac vice)
JONES, WALDO, HOLBROOK & McDONOUGH, PC
1441 West Ute Blvd., Suite 330
Park City, Utah 84098
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff and Counter Defendants

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

14 CHEMEON SURFACE TECHNOLOGY, LLC, a
Nevada limited liability company,
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Plaintiff,
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v.
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METALAST INTERNATIONAL, INC., a Nevada
18 corporation; METALAST, INC., a Nevada
corporation; SIERRA DORADO, INC., a Nevada
19 corporation; DAVID M. SEMAS, an individual;
GREG D. SEMAS, an individual; and WENDI
20 SEMAS-FAURIA, an individual.
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Defendants.

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DAVID M. SEMAS; and METALAST
23 INTERNATIONAL, INC.,
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v.

Counterclaimants,

CHEMEON SURFACE TECHNOLOGY, LLC,
26 DEAN S. MEILING; and MADYLON
MEILING,
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Counter Defendants.
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Case No.: 3:15-cv-00294-MMD-CBC
STIPULATION AND ORDER FOR
EXTENSION OF TIME TO FILE
PROPOSED JOINT PRETRIAL ORDER
[FIRST REQUEST]

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Plaintiff and Counter Defendants, by and through their undersigned counsel, Timothy A.

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Lukas of Holland & Hart, LLP; and Defendants and Counterclaimants, by and through their

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undersigned counsel, Michael D. Hoy of Hoy Chrissinger Kimmel Vallas, PC, stipulate and agree

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as follows:

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1.

On February 26, 2019, the Court entered a Minute Order (ECF 480) referring the

matter to settlement.
2.

On March 12, 2019, the Court issued its Order Scheduling Settlement Conference,

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setting April 11, 2019 as the Settlement Conference. The Parties attended the settlement conference

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and attempted in good faith to resolve all remaining issues pending before the Court in this case.

5441 Kietzke Lane, 2nd Floor
Reno, NV 89511
Phone: [phone] ♦ Fax: [phone]

HOLLAND & HART LLP

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They were unsuccessful.
3.

Subsequent to the settlement Conference, the Parties have continued discussions for

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resolution of the matters before the Court. This includes potential issues in case David Semas, et

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al. v Chemetall US, Inc., et al., Case No. 3:19-cv-00125-MMD-CBC (“Semas v. Chemetall Case”)

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transferred to this Court and involving many of the same facts and parties in this case.

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4.

The parties in both cases have reached an agreement to consent to having this case

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and the Semas v. Chemetall Case tried before Magistrate Judge Carry and executed their Consent

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forms (copies are attached as Exhibit 1 and 2) which they shall promptly file with the Court upon

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entry of an order approving this stipulation.

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5.

Significant steps in reaching the Magistrate Consents for both cases and with the

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parties involved also included the stipulation that all remaining claims in this case (3:15-cv-00294-

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MDM-CBC) will be tried without jury and the Parties in this case request to extend the deadline for

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filing their proposed Joint Pretrial Order until July 18, 2019. This extends the current deadline set

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forth in the Minute Order (ECF 480) which would set the deadline as May 13, 2019 based on the

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unsuccessful efforts at the April 11, 2019 settlement conference.

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6.

Pursuant to LR 6-1, this is the first request for an extension of the deadline to file a

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joint pretrial order and is made with good cause and in good faith and not for purposes of delay.

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The Parties believe the extension of time, resolution of any jury issues in this case (3:15-cv-00294-

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MDM-CBC) and Consent to trying this case and the Semas v. Chemetall Case to the Magistrate will
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avoid unnecessary costs and delay in the final adjudication of the merits1. Counsel do not believe

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that the extension requested would cause any undue delay in this case.

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IT IS SO STIPULATED.

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DATED this 3rd day of May, 2019.

DATED this 3rd day of May, 2019.

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HOLLAND & HART LLP

HOY CHRISSINGER KIMMEL VALLAS PC

/s/ Timothy A. Lukas
Robert C. Ryan (7164)
Timothy A. Lukas (#4678)
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511

/s/ Michael D. Hoy
Michael D. Hoy (2723)
Bank of America Tower
50 West Liberty Street, Suite 840
Reno, Nevada 89501

Attorneys for Chemeon Surface Technology
and Dean S. Meiling and Madylon Meiling

Attorneys for Defendants and
Counterclaimants

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5441 Kietzke Lane, 2nd Floor
Reno, NV 89511
Phone: [phone] ♦ Fax: [phone]

HOLLAND & HART LLP

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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DATED: May 7, 2019

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No substantive consolidation of the cases is intended or sought by the parties. The parties in this
case and the Semas v. Chemetall Case seek only assignment to the same Magistrate assigned to these
cases, Magistrate Judge Carry, which they strongly believe will foster efficiency for their respective
clients and the court and provide a consistency of rulings given the similar factual nexus in both
cases and parties the involved.
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PROOF OF SERVICE

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Pursuant to FRCP 5, I declare, as follows:
I am employed in the City of Reno, County of Washoe, State of Nevada, by the law offices
of Holland & Hart. My business address is 5441 Kietzke Lane, Second Floor, Reno, Nevada 89511.
I am over the age of 18 years and not a party to this action.

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On May 3, 2019, I served the foregoing STIPULATION AND ORDER FOR
EXTENSION OF TIME TO FILE PROPOSED JOINT PRETRIAL ORDER as follows:

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

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Michael D. Hoy
HOY CHRISSINGER KIMMEL
Bank of America Tower
50 West Liberty Street, Suite 840
Reno, Nevada 89501
Telephone: [phone]
Facsimile: [phone]
[e-mail]

5441 Kietzke Lane, 2nd Floor
Reno, NV 89511
Phone: [phone] ♦ Fax: [phone]

HOLLAND & HART LLP

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Attorneys for Defendants

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ELECTRONIC: by electronic transmission through the United States District Court’s
CM/ECF system to the parties below:



EMAIL: Courtesy copies of this document were forwarded by email to the following:
Rew R. Goodenow, Esq.
Parson Behle & Latimer
50 W. Liberty Street, Suite 750
Reno, NV 89501
[e-mail]
Attorneys for Defendant Albemarle Corporation in
Case No. 19-cv-00125-MMD-CBC
James D. Boyle, Esq.
Holley Driggs Walch Fine Puzey
Stein & Thompson
400 S. Fourth Street, Suite 300
Las Vegas, NV 89101
[e-mail]
Attorneys for Plaintiffs in
Case No. 19-cv-00125-MMD-CBC

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct, and that this declaration was executed on May 3, 2019.

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/s/ Jeanette Sparks

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12432375_6

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5441 Kietzke Lane, 2nd Floor
Reno, NV 89511
Phone: [phone] ♦ Fax: [phone]

HOLLAND & HART LLP

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