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

Filing 67

ORDER granting ECF No. 66 Stipulation To Extend Time re ECF No. 52 Motion to Dismiss Counterclaim. Response due by 7/16/2019. Signed by Judge Miranda M. Du on 6/17/2019. (Copies have been distributed pursuant to the NEF - LH)

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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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ORDER RE:

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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 (SIXTH REQUEST)
WHEREAS, Counterdefendants Kiesecker, Waller and Huempfner filed a Motion to
Dismiss Counterclaim (ECF 52) on February 26, 2019 (“the Motion”);
WHEREAS, Counterclaimant’s opposition to the Motion is currently due on or before
June 14, 2019;
STIPULATION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS COUNTERCLAIM
(SIXTH REQUEST)
PAGE 1

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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 appear to have hopefully resolved the last remaining issue with

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the latest settlement agreement changes now awaiting final approval from a few of the interested

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parties;

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WHEREAS, the terms of the settlement agreement have led some of the parties to seek

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insurance coverage for issues addressed in the agreement and which insurance issues those

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parties are still working through with their insurers and which need to be resolved before the

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parties can execute the settlement agreement;

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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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July 16, 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: June 14, 2019

DATED: June 14, 2019.

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HOLLAND & HART LLP

ROBERTSON, JOHNSON
MILLER & WILLIAMSON

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

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By: /s/ Kirk C. Johnson
Kirk C. Johnson, Esq.
Attorneys for Defendant/
Counterclaimant
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: June 17th, 2019
STIPULATION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS COUNTERCLAIM
(SIXTH 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 (SIXTH 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 14th day of June, 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
(SIXTH REQUEST)
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