Opinion
2:21-cv-00214-CDS-DJA
11-28-2022
CMB INFRASTRUCTURE GROUP IX, LP, a California limited partnership; CMB INFRASTRUCTURE GROUP XI, LP, a California limited partnership; CMB EXPORT, LLC, a Texas limited liability company, Plaintiffs v. COBRA ENERGY INVESTMENT FINANCE, INC., a Delaware corporation, COBRA ENERGY INVESTMENT, LLC, a Delaware corporation, COBRA INDUSTRIAL SERVICES, INC., a Delaware corporation, COBRA THERMOSOLAR PLANTS, INC., a Nevada corporation, COBRA INSTALACIONES Y SERVICIOS S.A., a Spanish corporation, ACS SERVICIOS COMUNICACIONES Y ENERGIA, S.L., a Spanish corporation, BANCO SANTANDER, S.A., a Spanish Corporation, TONOPAH SOLAR ENERGY, LLC, a Delaware limited liability company, and DOES I through 50, inclusive, Defendants.
LEWIS BRISBOIS BISGAARD & SMITH LLP John S. Poulos Nevada Bar No. 154689 John S. Poulos Nevada Bar No. 15085 Attorneys for Plaintiffs CMB INFRASTRUCTURE GROUP IX, LP; CMB INFRASTRUCTURE GROUP XI, LP; and CMB EXPORT, LLC LEWIS ROCA ROTHGERBER CHRISTIE LLP J Christopher Jorgensen Nevada Bar No. 5382 Matthew R. Tsai Nevada Bar No. 14290 Attorneys for Defendant BANCO SANTANDER, S.A.
LEWIS BRISBOIS BISGAARD & SMITH LLP
John S. Poulos Nevada Bar No. 154689
John S. Poulos Nevada Bar No. 15085
Attorneys for Plaintiffs CMB INFRASTRUCTURE GROUP IX, LP; CMB INFRASTRUCTURE GROUP XI, LP; and CMB EXPORT, LLC
LEWIS ROCA ROTHGERBER CHRISTIE LLP
J Christopher Jorgensen Nevada Bar No. 5382
Matthew R. Tsai Nevada Bar No. 14290
Attorneys for Defendant BANCO SANTANDER, S.A.
UNOPPOSED JOINT MOTION FOR ORDER REQUESTING STAY OF JURISDICTIONAL DISCOVERY AS TO DEFENDANT BANCO SANTANDER, S.A. [THIRD REQUEST]
DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
Plaintiffs CMB Infrastructure Investment Group IX, LP, CMB Infrastructure Investment Group XI, LP, and CMB Export, LLC (collectively, “Plaintiffs”), by and through their attorneys of record, and Defendant Banco Santander, S.A. (“Santander”), by and through its respective attorneys of record, hereby stipulate as follows:
1. On November 15, 2021, this Court issued an Order Denying Motion to Remand; Resolving Motions to Dismiss; Granting in Part and Denying as Moot in Part Request for Jurisdictional Discovery; Granting Motion to Compel Arbitration; and Staying Case (hereinafter, “November 15 Order”) (ECF Doc. No. 70);
2. The November 15 Order granted Defendants' motion to compel arbitration and stayed the remainder of this case, except to permit limited jurisdictional discovery as to Santander;
3. The November 15 Order directed Plaintiffs and Santander to meet and confer on the length and scope of limited jurisdictional discovery as to Defendant Santander and file a proposed scheduling order within ten days of the November 15 Order;
4. On November 24, 2021, Plaintiffs and Santander filed a joint stipulation proposing a stay of jurisdictional discovery as to Santander for six months;
5. On November 29, 2021, the Court so ordered the parties' stipulation staying jurisdictional discovery as to Santander until May 24, 2022;
6. On February 4, 2022, Plaintiffs commenced an ICC arbitration against Defendants Cobra Energy Investment Finance, Inc., Cobra Energy Investment, LLC, Cobra Industrial Services, Inc., Cobra Thermosolar Plants, Inc., Cobra Instalaciones y Sevicios S.A., Servicios Comunicaciones y Energia, S.L. and Tonopah Solar Energy, LLC, which is still proceeding;
7. On May 24, 2022, Plaintiffs and Santander filed a joint stipulation proposing a stay of jurisdictional discovery as to Santander for six months;
8. On May 25, 2022, the Court so ordered the parties' stipulation staying jurisdictional discovery as to Santander until November 23, 2022;
9. In light of the pending ICC arbitration, Plaintiffs and Santander have agreed to a further stay of any limited jurisdictional discovery as to Defendant Santander;
10. THEREFORE, Plaintiffs and Santander stipulate that:
a. Jurisdictional discovery as to Santander shall be stayed for an additional six months, until at least May 23, 2023; and
b. On or before May 23, 2023, Plaintiffs and Santander shall submit a proposed scheduling order governing limited jurisdictional discovery as to Defendant Santander.
This is the Parties' third request for a stay of limited jurisdictional discovery as to Defendant Santander, and is made before the expiration of any discovery schedule in this action. This Stipulation is made in good faith and is not intended for purposes of delay.
ORDER
IT IS SO ORDERED.