Opinion
3:19-cv-00196-MMD-CSD
02-02-2023
SAID ELMAJZOUB, Plaintiff, v. SCOTT DAVIS, et al., Defendants.
Lena Masri Gadeir I. Abbas Justin Sadowsky CAIR LEGAL DEFENSE FUND Allen Lichtenstein Attorneys for Plaintiff Said Elmajzoub Frank A Toddre, II Nevada Bar No. 11474 Mandy Vogel Nevada Bar No. 16150 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP Attorneys for Defendants Renee Baker, Tara Carpenter, Scott Davis, Marc La Fleur, And Kim Thomas
Lena Masri Gadeir I. Abbas Justin Sadowsky CAIR LEGAL DEFENSE FUND
Allen Lichtenstein
Attorneys for Plaintiff Said Elmajzoub
Frank A Toddre, II Nevada Bar No. 11474
Mandy Vogel Nevada Bar No. 16150
McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
Attorneys for Defendants Renee Baker, Tara Carpenter, Scott Davis, Marc La Fleur, And Kim Thomas
ORDER TO CONTINUE ORAL ARGUMENT AND BRIEFING DEADLINES
[FIRST REQUEST FOR EXTENSION OF ORAL ARGUMENT and RESPONSE TO MOTION FOR ATTORNEY FEES]
Defendants, Renee Baker, Tara Carpenter, Scott Davis, Marc La Fleur, And Kim Thomas (collectively, “Defendants”), by and through their Associate Counsel, Frank Toddre II, Esq. and Mandy Vogel of the law firm McCormick, Barstow, Sheppard, Wayte, and Carruth, LLP, and Plaintiff, Said Elmajzoub, by and through his counsel, CAIR Legal Defense Fund, Gadeir I. Abbas, Lena F. Masri, Justin Sadowsky, and Allen Lichtenstein, respectfully submit the following Stipulation and Order Continue Oral argument and Stay Briefing.
After the Settlement Conference on December 19, 2022, the parties continued to informally discuss potential settlement of the case. The parties had previously set forth a Stipulation to Extend the Joint Pretrial Order, which has since been granted.
ECF No. 126 and 128.
In this regard, the parties continue to negotiate and in good faith express to this Court the parties have made significant progress in reaching a possible resolution of the matters but still have certain concerns to work through. The parties accordingly would request that the hearing for oral arguments set for on Plaintiff's Emergency Motion to Enforce, currently set for February 6, 2023 be continued to a date in early March while the parties continue their negotiations.
ECF No. 118, filed 12/21/22. The motion has been fully briefed.
The parties submit this Stipulation would serve judicial economy, and would also conserve resources which would be allocated towards oral argument preparation and attendance.
The parties also note there is outstanding briefing and judicial decisions on the Defendants' Motion to Strike, which was filed addressing Plaintiff's Reply Brief in Support of their Motion for Contempt. The parties agree that a decision on that motion may be stayed until oral arguments occur.
ECF No. 127.
ECF No. 124.
Finally the Plaintiff has an outstanding Motion for Attorneys' Fees and Costs re: 1stEmergency Motion that is still pending. The response is currently due on February 3, 2023. The potential sanction findings for both the Motion for Contempt and this Motion for Attorneys' Fees are subject to negotiations and thus the parties would request that any ruling and briefing on this issue be continued as well. In this regard, the parties request that the response to the ECF No. 132 Motion for Attorneys' Fees be continued thirty-one days as well to line up with the current Joint Pretrial Order.
ECF No. 132.
As such, the parties stipulate and agree to extend to continue oral arguments on Plaintiff's Emergency Motion to Enforce from February 6, 2023 until early March or a date convenient and available to the Court. Additionally the parties request that the Defendants response to Plaintiff's Motion for Attorneys' Fees be continued from February 3, 2023 for thirty-one (31) days to March 6, 2023, which is the current deadline for the joint pretrial order.
Based on the foregoing Stipulation of the parties, IT IS ORDERED as follows:
1) Oral Arguments regarding the Emergency Motion to Enforce shall be VACATED and CONTINUED from February 6, 2023 until early March or a date convenient and available to the Court.
2) That any Court ruling on Defendants' Motion to Strike be continued until after oral arguments considered in the above paragraph.
3) The Defendants response to Plaintiff's Motion for Attorneys' Fees be continued from February 3, 2023 for thirty-one (31) days to March 6, 2023.
IT IS SO ORDERED: