Opinion
2:19-cv-01757-GMN-EJY
11-09-2022
THOMAS K. KURIAN, individually, Plaintiff/Counterdefendant, v. SNAPS HOLDING COMPANY, a North Dakota Domestic Corporation, Defendants/Counterclaimants.
E. BRENT BRYSON, LTD. KAEMPFER CROWELL E. BRENT BRYSON, ESQ. Nevada Bar No. 4933 RICHARD G. CAMPBELL, JR., ESQ. Nevada Bar No 001832 Attorneys for Defendant SNAPS Holding Company Attorneys for Plaintiff/Counterdefendant Thomas Kurian MESSERLI KRAMER BRENDAN R. TUPA, ESQ. Nevada Bar No Pro Hac Vice
E. BRENT BRYSON, LTD.
KAEMPFER CROWELL
E. BRENT BRYSON, ESQ. Nevada Bar No. 4933
RICHARD G. CAMPBELL, JR., ESQ. Nevada Bar No 001832
Attorneys for Defendant SNAPS Holding Company
Attorneys for Plaintiff/Counterdefendant Thomas Kurian
MESSERLI KRAMER
BRENDAN R. TUPA, ESQ. Nevada Bar No Pro Hac Vice
STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE PROPOSED JOINT PRETRIAL ORDER [SECOND REQUEST]
GLORIA M. NAVARRO, DISTRICT JUDGE UNITED STATES DISTRICT COURT
Pursuant to Fed.R.Civ.P. 6, LR IA 6-1 and LR 26-3, the parties, by and through their respective counsel of record, stipulate and agree that there is good cause to extend the deadline for filing the proposed joint pretrial order, as ordered by this Court in its Order filed on September 9, 2022 [ECF No. 61]. This is the second stipulation for extension of the deadline to file a proposed joint pretrial order in this matter.
This action arises out of a contractual dispute that was originally filed in State Court by the Plaintiff/Counterdefendant and removed to Federal Court by Defendant/Counterclaimant under diversity jurisdiction.
Defendant's historical counsel, Rory C. Mattson (admitted pro hac vice) of the law firm of Messerli & Kramer, P. A., left the firm recently and was the primary attorney litigating this complex case. Local Counsel Richard G. Campbell, Jr., Esq. was not the attorney that was hired to try the case by Defendant/Counterclaimant. While Mr. Campbell has diligently monitored the case, Defendant/Counterclaimant desires that the law office of Messerli & Kramer, P.A. try the matter. Since the Court's Order of September 9, 2022, Brendan Tupa of Messerli & Kramer has petitioned for his admission to appear in this case and has been diligently working to get up to speed on the factual background and remaining issues pending before the Court. However, the current November 8, 2022 deadline to file the pretrial order does not give him sufficient time to fully review all of the documents necessary to protect the legal rights of his client. In addition, there also appears to be some outstanding discovery necessitating supplementation that would assist the parties in a better evaluation of their claims and defenses as well as preparations for trial. Thus, good cause exists for an extension of time for the parties to submit a proposed joint pretrial order.
Counsel for Plaintiff/Counterdefendant, E. Brent Bryson, Esq., and Counsel for Defendant/Counterclaimant, Brendan R. Tupa, Esq., conferred on November 4, 2022 regarding this stipulation and determined, pursuant to the above rules, that good cause exists to extend the time to file the proposed joint pretrial order for one-hundred twenty days (120) days until March 8, 2023. Accordingly,
IT IS HEREBY STIPULATED AND AGREED by and between the parties that good cause exists to grant the parties' stipulation and that the proposed Joint Pretrial Order be filed with this court by March 8, 2023.
ORDER
IT IS SO ORDERED.