Pacific Energy & Mining Company v. Maximilian Resources LLC

Filing 71

ORDER approving ECF No. 70 Stipulation re ECF No. 61 Motion for Summary Judgment, ECF No. 69 Motion to Dismiss: Responses due by 9/19/2018. Signed by Judge Howard D. McKibben on 7/18/2018. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4
5
6

Adam Silverstein, Esq. (Admitted Pro Hac Vice)
Erik Weinick, Esq. (Admitted Pro Hac Vice)
OTTERBOURG, P.C.
230 Park Avenue
New York, New York 10169
Samual A. Schwartz, Esq.
Bryan A. Lindsey, Esq.
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, NV 89106
Attorneys for Defendant Maximilian Resources LLC

7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

PACIFIC ENERGY & MINING COMPANY,
a Nevada Corporation,
CASE NO.
3:17-CV-00363-HDM-VPC
ORDER GRANTING
STIPULATION FOR EXTENSION OF
TIME FOR DEFENDANT TO RESPOND
TO THE MOTION FOR SUMMARY
JUDGMENT [DOC 61]

11
Plaintiff,
12
vs.
13
14

MAXIMILIAN RESOURCES LLC, a
Delaware Limited Liability Company,

(SECOND REQUEST)
15

Defendant.
/

AND

16

18

STIPULATION FOR EXTENSION OF
TIME TO RESPOND TO TE MOTION
TO DISMISS COUNTER CLAIMS [DOC
69]

19

(FIRST REQUEST)

17

20

WHEREAS, Plaintiff Pacific Energy and Mining Company (“Pacific”) commenced this

21

action against Defendant Maximilian Resources, LLC (“Maximilian” and together with Pacific,

22

the “Parties”) seeking a declaratory judgment from this Court that certain insurance claim

23

proceeds it received from Travelers Property Casualty Company of America are not payable to

24

Maximilian pursuant to a Forbearance Agreement between the Parties;

25
26

WHEREAS, on June 6, 2018, Pacific filed a motion requesting that this Court issue
summary judgment in its favor (the “Summary Judgment Motion”);

27

WHEREAS, pursuant to a stipulation agreed to by Pacific and Maximilian and so

28

ordered by this Curt, Maximilian’s current deadline to oppose the Summary Judgment Motion is
1

1

July 25, 2018 (the “Summary Judgment Opposition Deadline”);

2
3

WHEREAS, on July 2, 2018, Maximilian filed an answer, affirmative defenses and
counter claim;

4
5

WHEREAS, the Parties remain in settlement discussions regarding the issue raised
herein and certain other issues between them;

6
7

WHEREAS, on July 17, 2018, Pacific filed a motion to dismiss Maximilian’s counter
claims (Doc 69);

8
9

WHEREAS, Maximilian’s response to the motion to dismiss is currently due on or before
July 31, 2018 (the “Motion to Dismiss Opposition Deadline”);

10

WHEREAS, while the Parties have, and will continue to, earnestly pursue settlement

11

discussions, the vacation schedules of certain of the parties engaged in such discussions may

12

delay them;

13

WHEREAS, the Parties agree that adjourning the Summary Judgment Opposition

14

Deadline and the Motion to Dismiss Opposition Deadline is in their best interests and further the

15

goal of judicial economy;
NOW THEREFORE, in consideration of the foregoing, of the mutual promises and

16
17

covenants herein, and other consideration, the reasonableness of which is hereby acknowledged,

18

the Parties hereto agree as follows:
1.

19
20

The Parties hereby agree that the Opposition Deadline to the Summary Judgement

Motion is extended through and including September 19, 2018.
2.

21

The Parties hereby agree that the Opposition Deadline to the Motion to Dismiss

22

the Counter Claims is extended through and including September 19, 2018.

23

////

24

////

25

////

26

////

27

////

28

////
2

1
2
3

This is the second requested extension to respond to Plaintiff’s motion for summary
judgment.
This is the first requested extension to respond to Plaintiff’s motion to dismiss the

4

counter claims.

5

DATED this 18th day of July, 2018.

DATED this 18th day of July, 2018.

6

LEVERTY & ASSOCIATES LAW CHTD.

BROWNSTEIN HYATT FARBER SCHRECK,
LLP

/S/ Patrick Leverty
Vernon E. Leverty, Esq.
Patrick R. Leverty, Esq.
832 Willow Street
Reno, NV 89502
Attorneys for Plaintiff
Pacific Energy & Mining Company

/S/ Bryan Lindsey
Samual A. Schwartz, Esq.
Bryan A. Lindsey, Esq.
100 North City Parkway, Suite 1600
Las Vegas, NV 89106

7
8
9
10
11
12
13

Adam Silverstein, Esq.
Erik Weinick, Esq.
OTTERBOURG, P.C.
230 Park Avenue
New York, New York 10169
Attorneys for Defendant
Maximilian Resources LLC

14
IT IS SO ORDERED:
15
_______________________________________________
16
17

UNITED STATES DISTRICT JUDGE
July 18, 2018
DATED: _________________________________

18
19
20
21
22
23
24
25
26
27
28
3