Pacific Energy & Mining Company v. Maximilian Resources LLC

Filing 84

ORDER granting ECF No. 82 Stipulation for Extension of Time re ECF Nos. 61 Motion for Summary Judgment and 69 Motion to Dismiss: Defendant's responses due by 3/8/2019. Signed by Judge Howard D. McKibben on 2/5/2019. (Copies have been distributed pursuant to the NEF - LH)

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Patrick R. Leverty, Esq., Nevada Bar No. 8840
Vernon E. Leverty, Esq., Nevada Bar No. 1266
William R. Ginn, Esq., Nevada Bar No. 6989
LEVERTY & ASSOCIATES LAW CHTD.
832 Willow Street
Reno, NV 89502
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Pacific Energy & Mining Company
Samuel A. Schwartz, Esq., Nevada Bar No. 10985
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, NV 89106
Telephone: [phone]
Facsimile: [phone]
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
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Maximilian Resources LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PACIFIC ENERGY & MINING COMPANY,
a Nevada Corporation,

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ORDER GRANTING STIPULATION
FOR EXTENSION OF TIME FOR
DEFENDANT TO RESPOND TO THE
MOTION FOR SUMMARY JUDGMENT
[DOC. 61]
(SIXTH REQUEST)

Plaintiff,

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Case No.: 3:17-cv-00363-HDM-CBC

vs.
MAXIMILIAN RESOURCES LLC,
a Delaware Limited Liability Company,

AND
Defendant.

ORDER GRANTING STIPULATION
FOR EXTENSTION OF TIME FOR
DEFENDANT TO RESPOND TO THE
MOTION TO DISMISS COUNTER
CLAIMS [DOC. 69]
(FIFTH REQUEST)

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WHEREAS, Plaintiff Pacific Energy and Mining Company (“Pacific”) commenced this
action against Defendant Maximilian Resources, LLC (“Maximilian” and together with Pacific,
the “Parties”) by filing a Complaint for Declaratory Judgement (“Plaintiff’s Complaint”) on

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June 9, 2017;
WHEREAS, on June 6, 2018, Pacific filed a motion requesting that this Court issue a
summary judgment in its favor (the “Summary Judgment Motion”);
WHEREAS, pursuant to a stipulation agreed to by Pacific and Maximilian and so
ordered by this court, Maximilian’s current deadline to oppose the Summary Judgment Motion
is February 8, 2019 (the “SJ Objection Deadline”);
WHEREAS, on July 2, 2018, Maximilian filed an answer to Plaintiff’s Complaint and
asserted certain counter-claims against Pacific;
WHEREAS, on July 17, 2018, Pacific filed a motion to dismiss Maximilian countercomplaint (“Motion to Dismiss”);
WHEREAS, pursuant to a stipulation agreed to by Pacific and Maximilian and so

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ordered by this Court, Maximilian’s current deadline to oppose the Motion to Dismiss is

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February 8, 2019 (the “Motion to Dismiss Objection Deadline”);

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WHEREAS, after extensive months-long settlement discussions regarding the issues
raised herein and numerous other issues involving multiple parties located in multiple
jurisdictions, the Parties have agreed to the material terms of a global settlement which they are
in the process of documenting;
WHEREAS, the Parties agree that adjourning the SJ Objection Deadline and the Motion
to Dismiss Objection Deadline is in their best interest and furthers the goal of judicial economy;

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NOW THEREFORE, in consideration of the foregoing, of the mutual promises and
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covenants herein, and other considerations, the reasonableness of which is hereby acknowledged,
the Parties hereto agree as follows:
1. The Parties hereby agree that the Objection Deadline to the Summary Judgment Motion
is extended through and including March 8, 2019.
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2. The Parties hereby agree that the Objection Deadline to the Motion to Dismiss is
extended through and including March 8, 2019.

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DATED this 31st day of January, 2019.

DATES this 31st day of January, 2019.

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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 Pacific Energy & Mining
Company

/s/ Samuel A. Schwartz
Samuel A. Schwartz, Esq.
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106

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

IT IS SO ORDERED.

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SENIOR U.S. DISTRICT JUDGE

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DATE: February 5, 2019

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