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

Filing 63

ORDER approving ECF No. 62 Stipulation re ECF No. 52 Motion to Dismiss: Counterclaimant Icon Reno Property Owner Pool 3 Nevada LLC's response due by 5/17/2019. Signed by Judge Miranda M. Du on 4/29/2019. (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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Robertson, Johnson,
Miller & Williamson
50 West Liberty Street,
Suite 600
Reno, Nevada 89501

STIPULATION FOR EXTENSION OF TIME TO RESPOND TO
MOTION TO DISMISS COUNTERCLAIM
(FOURTH REQUEST)
WHEREAS, Counterdefendants Kiesecker, Waller and Huempfner filed a Motion to
Dismiss Counterclaim (ECF 52) on February 26, 2019 (“the Motion”);
STIPULATION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS COUNTERCLAIM
(FOURTH REQUEST)
PAGE 1

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WHEREAS, Counterclaimant’s opposition to the Motion is currently due on or before
April 30, 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 and appear

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to have hopefully resolved the last remaining issue, with the latest settlement agreement changes

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now awaiting final approval from a few of the interested parties;

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WHEREAS, the settlement will obviate the need for Counterclaimant to file an
opposition to the Motion and save judicial resources; 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 finish finalizing their settlement, such

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

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finalize 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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May 17, 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: April 29, 2019

DATED: April 29, 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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Robertson, Johnson,
Miller & Williamson
50 West Liberty Street,
Suite 600
Reno, Nevada 89501

UNITED STATES DISTRICT JUDGE
DATED: ________________________
April 29, 2019
STIPULATION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS COUNTERCLAIM
(FOURTH REQUEST)
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CERTIFICATE OF SERVICE

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Pursuant to FRCP 5(b) and Local Rule 5-4, I hereby certify that I am an employee of

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Robertson, Johnson, Miller & Williamson, over the age of eighteen, and not a party to the within

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action.

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STIPULATION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS

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COUNTERCLAIM (FOURTH REQUEST) and thus, pursuant to LR 5-4, caused same to be

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served by electronic mail on the following Filing Users:

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I further certify that on the 29th day of April, 2019, I electronically filed this

Matthew B. Hippler, Esq. (SBN 7015)
Frank Z. LaForge, Esq. (SBN 12246)
Holland & Hart LLP
5441 Kietzke Lane, Second Floor
Reno, NV 89511
[e-mail]
[e-mail]

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/s/ Teresa W. Stovak
An Employee of Robertson, Johnson,
Miller & Williamson

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Robertson, Johnson,
Miller & Williamson
50 West Liberty Street,
Suite 600
Reno, Nevada 89501

STIPULATION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS COUNTERCLAIM
(FOURTH REQUEST)
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