Opinion
2:19-cv-01757-GMN-EJY
04-18-2023
THOMAS K. KURIAN, individually, Plaintiff/Counterdefendant, v. SNAPS HOLDING COMPANY, a North Dakota Domestic Corporation, Defendant/Counterclaimant.
E. BRENT BRYSON, LTD. E. BRENT BRYSON, ESQ. Nevada Bar No. 4933 Attorneys for Plaintiff/Counterdefendant Thomas Kurian KAEMPFER CROWELL RICHARD G. CAMPBELL, JR., ESQ. Nevada Bar No. 001832 SNAPS Holding Company MESSERLI & KRAMER, PA BRENDAN R. TUPA, ESQ. Nevada Bar No. Pro Hac Vice Attorneys for Defendant/Counterclaimant SNAPS Holding Company
E. BRENT BRYSON, LTD.
E. BRENT BRYSON, ESQ. Nevada Bar No. 4933
Attorneys for Plaintiff/Counterdefendant Thomas Kurian
KAEMPFER CROWELL
RICHARD G. CAMPBELL, JR., ESQ. Nevada Bar No. 001832
SNAPS Holding Company
MESSERLI & KRAMER, PA
BRENDAN R. TUPA, ESQ. Nevada Bar No. Pro Hac Vice
Attorneys for Defendant/Counterclaimant SNAPS Holding Company
STIPULATION AND ORDER TO VACATE ORDER FOR IN-PERSON SETTLEMENT CONFERENCE SET FOR APRIL 25, 2023
ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE
Pursuant to the reasons set forth during the hearing held on December 13, 2022, the parties, by and through their respective counsel of record, stipulate and agree that there is good cause to vacate the Order for an in-person settlement conference set for Tuesday, April 25, 2023, as ordered by this Court in its Order of December 13, 2022 [ECF No. 71]. Further, the parties stipulate and agree that the Court should reschedule an in-person settlement conference for a time after the pending motion for an order to show cause is determined by the Court and the outstanding issues relating to discovery are resolved. Furthermore, as a result of these outstanding issues, the parties stipulate and agree that the deadline for the parties to submit a Joint Proposed Trial Order (“JPTO”), which is currently May 25, 2023, pursuant to the Court's Order of March 9, 2023 [ECF 87], should be extended to a date at least thirty (30) days after a rescheduled settlement conference. This is the fourth request 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.
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Since the Court Ordered an in-person settlement conference for Tuesday, April 25, 2023, and issued an Order to compel certain discovery from Plaintiff, during the hearing on December 13, 2022 [ECF No. 71], Defendant filed a Motion for an Order to Show Cause relating to the Court's Order to Compel [ECF No. 74], which is pending before the Court. Thus, given these outstanding disputes among the parties, good cause exists to vacate the Order for an in-person settlement conference set for Tuesday, April 25, 2023, to reschedule an in-person settlement conference for a time after the pending motion for an order to show cause is determined by the Court, and after the outstanding issues relating to the discovery arising from the newly discovered evidence are resolved. be extended to a date at least thirty (30) days after a rescheduled settlement conference. This is the fourth request for extension of the deadline to file a proposed joint pretrial order in this matter.
Counsel for Plaintiff/Counterdefendant, E. Brent Bryson, Esq., and Counsel for Defendant/Counterclaimant, Brendan R. Tupa, Esq., conferred on April 18, 2023, regarding this stipulation and determined, pursuant to the above rules and circumstances, that good cause exists to 1) vacate the Order for an in-person settlement conference set for Tuesday, April 25, 2023, 2) reschedule an in-person settlement conference for a time after the pending motion for an order to show cause is determined by the Court, and after the outstanding issues relating to discovery are resolved, and 3) extend the due date for a proposed joint pretrial order by the parties until a date to be determined by the Court at least 30 days after the in-person settlement conference. Accordingly,
IT IS HEREBY STIPULATED AND AGREED by and between the parties that good cause exists to grant the parties' stipulation and that: 1) the Order for an in-person settlement conference set for Tuesday, April 25, 2023, [ECF No. 71] be VACATED; 2) an in-person settlement conference be rescheduled for a time after the pending motion for an order to show cause is determined by the Court, and after the outstanding issues relating to discovery are resolved, and 3) the due date for a proposed joint pretrial order by the parties be rescheduled from May 25, 2023, until a date to be determined by the Court at least 30 days after the in-person settlement conference.
ORDER
IT IS SO ORDERED.