Opinion
2:23-cv-00647-CDS-DJA
08-15-2023
MI-94, LLC, Plaintiff v. CHEMETALL US, INC., et al., Defendants
Scott E. Gizer, Esq., Nevada Bar No. 12216 EARLY SULLIVAN WRIGHT GIZER & McRAE LLP Eric P. Early, State Bar Number 166275 (Pro Hac Vice) Jeremy J. F. Gray, State Bar Number 150075 (Pro Hac Vice) Attorneys for Plaintiff MI-94, LLC, also known as METALAST INTERNATIONAL LLC MCDONALD CARANO LLP ADAM HOSMER-HENNER JANE SUSSKIND Attorneys for Defendants Chemetall US, Inc., BASF Corporation, Qualichem Inc., Miles Chemical Company, John Schneider and Associates Inc., Broco Products, Inc., Southern Industrial Chemicals, Inc., Dean Meiling, Madylon Meiling, DSM Partners, LLC, and Chemeon Surface Technology PHELPS DUNBAR LLP R. ANDREW PATTY II LINDSAY CALHOUN Attorneys for Defendant Albemarle Corporation
Scott E. Gizer, Esq., Nevada Bar No. 12216
EARLY SULLIVAN WRIGHT GIZER & McRAE LLP
Eric P. Early, State Bar Number 166275
(Pro Hac Vice)
Jeremy J. F. Gray, State Bar Number 150075
(Pro Hac Vice)
Attorneys for Plaintiff
MI-94, LLC, also known as
METALAST INTERNATIONAL LLC
MCDONALD CARANO LLP
ADAM HOSMER-HENNER JANE SUSSKIND
Attorneys for Defendants Chemetall US, Inc., BASF Corporation, Qualichem Inc., Miles Chemical Company, John Schneider and Associates Inc., Broco Products, Inc., Southern Industrial Chemicals, Inc., Dean Meiling, Madylon Meiling, DSM Partners, LLC, and Chemeon Surface Technology
PHELPS DUNBAR LLP
R. ANDREW PATTY II
LINDSAY CALHOUN
Attorneys for Defendant Albemarle Corporation
STIPULATION AND ORDER EXTENDING BREIFING SCHEDULE ON MOTIONS TO DISMISS
CRISTINA D. SILVA, UNITED STATES DISTRICT JUDGE
COMES NOW, Plaintiff MI-94 (“MI-94” or “Plaintiff'), on the one hand, and Defendants Albemarle Corporation, Chernetall US, Inc., BASF Corporation, Quahchem Inc.. Miles Chemical Company, John Schneider & Associates, Inc., Broco Products, Inc., Southern Industrial Chemicals, Inc., Dean Meiling, Madylon Meiling, DSM Partners, LLC, and Chemeon Surface Technology (collectively “Defendants”), on the other hand, by and through their- respective attorneys of record, and hereby agree and stipulate as follows:
Defendants in this matter have filed two Motions to Dismiss raising a variety of issues. In order to allow Plaintiff time to brief these issues and to allow Defendants an equivalent time to Reply, the parties have stipulated to extend the due date for the Oppositions and Replies by two weeks and respectfully request that the Court order as such.
1. On August 7, 2023 Defendant Albemarle Corporation filed a Motion to Dismiss raising five separate issues.
2. On August 7, 2023 Defendants Chernetall US, Inc., BASF Corporation, Quahchem Inc., Miles Chemical Company, John Schneider & Associates, Inc., Broco Products, Inc., Southern Industrial Chemicals, Inc., Dean Meiling, Madylon Meiling, DSM Partners, LLC, and Chemeon Surface Technology filed a Motion to Dismiss raising nine separate issues. (Both motions to dismiss are hereafter referred to as the “Motions”.)
3. Under LR 7-2(b), Plaintiff's response to the Motions is due on August 21, 2023.
4. Under LR 7-2(b), the reply briefs to the Motions would be due on August 28, 2023.
In order to provide each party with additional time to brief these issues the parties have stipulated, and hereby respectfully request that this Court extend the briefing schedule by two weeks. Specifically, the parties stipulate that, if the Court agrees:
1. Plaintiff's Oppositions to the Motions shall be filed on or before September 5,2023.
2. Defendants' Replies to these Oppositions shall be filed on or before September 26, 2023.
3. This is the first stipulation for extension of time to brief the Motions to Dismiss, which is made in good faith and not for the pruposes of delay.
IT IS SO STIPULATED.
IT IS ORDERED.