Ach Foam Technologies, Inc v. Icon Reno Property Owner Pool 3 Nevada, LLC

Filing 57

ORDER approving ECF No. 56 Stipulation re ECF No. 52 Motion to Dismiss Counterclaim. Response due by 4/9/2019. Signed by Judge Miranda M. Du on 3/27/2019. (Copies have been distributed pursuant to the NEF - KR)

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G. DAVID ROBERTSON, ESQ. (NV Bar 1001)
KIRK C. JOHNSON, ESQ. (NV Bar 4299)
Robertson, Johnson, Miller & Williamson
50 West Liberty Street, Suite 600
Reno, Nevada 89501
Telephone No.: [phone]
Facsimile No.: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant/Counterclaimant ICON RENO
PROPERTY OWNER POOL 3 NEVADA, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MFR HOLDCO, LLC, a foreign limited
liability company,

Case No. 3:18-cv-00034-MMD-WGC

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Plaintiff,
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vs.
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ICON RENO PROPERTY OWNER POOL 3
NEVADA, LLC, a foreign limited liability
Company,

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Defendants.
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ICON RENO PROPERTY OWNER POOL 3
NEVADA, LLC, a foreign limited liability
Company,

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Counterclaimant.
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vs.
MFR HOLDCO, LLC,; ACH FOAM
TECHNOLOGIES, INC.; FRANK
KIESECKER, JR., individually; RICHARD L.
WALLER, individually; MICHAEL S.
HUEMPFNER, individually,
Counterdefendants.

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STIPULATION FOR EXTENSION OF TIME TO RESPOND TO
MOTION TO DISMISS COUNTERCLAIM
(SECOND REQUEST)
WHEREAS, Counterdefendants Kiesecker, Waller and Huempfner filed a Motion to
Dismiss Counterclaim (ECF 52) on February 26, 2019 (“the Motion”);

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WHEREAS, Counterclaimant’s opposition to the Motion is currently due on or before
March 26, 2019;
WHEREAS, the parties participated in a mediation on March 4, 2019, and reached a
tentative settlement of the action;

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WHEREAS, the parties are still working to finalize that tentative settlement;

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WHEREAS, the settlement will obviate the need for Counterclaimant to file an

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opposition to the Motion; and

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WHEREAS, the parties agree that the Counterclaimant should not be required to expend

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time and money opposing the Motion if the parties can finalize their settlement, such that an

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extension of time for Counterclaimaint to file said opposition, while the parties work to finalize

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their settlement, makes good sense,

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IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, that

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Counterclaimant Icon Reno Property Owner Pool 3 Nevada, LLC shall have to and including

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April 9, 2019, to file its opposition to Plaintiff’s Motion to Dismiss Counterclaim in this action.

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IT IS SO STIPULATED:

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DATED: March 26, 2019

DATED: March 26, 2019.

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HOLLAND & HART LLP

ROBERTSON, JOHNSON
MILLER & WILLIAMSON

By: /s/ Matthew B. Hippler
Matthew B. Hippler, Esq.
Frank Z. LaForge, Esq.
Attorneys for Plaintiff/
Counterdefendants

By: /s/ Kirk C. Johnson
Kirk C. Johnson, Esq.
Attorneys for Defendant/
Counterclaimant

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ORDER
IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE
DATED: ________________________
3/27/2019