Opinion
2:22-cv-01324-MMD-EJY
08-25-2023
TETSUYA NAKAMURA, Plaintiff, v. SUNDAY GROUP INCORPORATED, et al., Defendants. SUNDAY GROUP INCORPORATED AND TOSHIKI (TODD) MITSUISHI Counterclaimants, v. TETSUYA NAKAMURA, Counterdefendant.
FENWICK & WEST LLP Felix S. Lee Christopher J. Steskal Casey O'Neill Claire Mena and FENNEMORE CRAIG, P.C. John D. Tennert III Wade Beavers Attorneys for Plaintiff TETSUYA NAKAMURA. CLYDE SNOW & SESSIONS LLP Timothy R. Pack Attorneys for Defendants SUNDAY GROUP INCORPORATED, SGI TRUST, TOSHIKI (TODD) MITSUISHI AND JAMES PACK.
FENWICK & WEST LLP Felix S. Lee Christopher J. Steskal Casey O'Neill Claire Mena and FENNEMORE CRAIG, P.C. John D. Tennert III Wade Beavers Attorneys for Plaintiff TETSUYA NAKAMURA.
CLYDE SNOW & SESSIONS LLP Timothy R. Pack Attorneys for Defendants SUNDAY GROUP INCORPORATED, SGI TRUST, TOSHIKI (TODD) MITSUISHI AND JAMES PACK.
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COUNTERCLAIM AND SETTING BRIEFING SCHEDULE ON RENEWED MOTION TO DISMISS (FIRST REQUEST)
HONORABLE MIRANDA M. DU, UNITED STATES DISTRICT JUDGE.
Plaintiff Tetsuya Nakamura (“Dr. Nakamura”) and Defendants Sunday Group Incorporated, SGI Trust, Toshiki (Todd) Mitsuishi and James Pack (collectively, “Defendants”), by and through counsel, hereby stipulate as follows:
WHEREAS, on August 16, 2022, Dr. Nakamura commenced this action against Defendants alleging claims such as breach of contract and fraud pertaining to cryptocurrency industry investments;
WHEREAS, on November 1, 2022, Defendants moved to dismiss Dr. Nakamura's claims, which motion was denied on April 10, 2023 (ECF No. 44);
WHEREAS, on May 8, 2023, Defendants answered and asserted four counterclaims, three of which Dr. Nakamura moved to dismiss on June 21, 2023;
WHEREAS, in lieu of opposing Dr. Nakamura's motion to dismiss those three counterclaims, on August 10, 2023, Defendants amended their answer and counterclaims and have now asserted seven counterclaims (ECF No. 59);
WHEREAS, Dr. Nakamura's response to Defendants' amended answer and counterclaims currently is due August 24, 2023;
WHEREAS, Dr. Nakamura anticipates responding by filing a renewed motion to dismiss some or all counterclaims;
WHEREAS, the parties have met and conferred on the matter, may engage in mediation, and in any event agree that a renewed motion to dismiss counterclaims warrants an extension of time for briefing;
WHEREAS, the contemplated extension of time for briefing will permit the parties to adequately address the issues raised in Defendants' counterclaims and aid the Court in so doing;
WHEREAS, the contemplated extension will not delay ongoing discovery or other litigation of the matter;
IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 6-1 and 6-2, by and between the undersigned counsel for the parties, that:
1. Dr. Nakamura shall answer or move to dismiss Defendants' amended counterclaims on or before October 5, 2023;
2. In the event Dr. Nakamura moves to dismiss the amended counterclaims, Defendants shall file any opposition on or before November 2, 2023;
3. Dr. Nakamura shall file any reply to any opposition on or before November 30, 2023.
ORDER
IT IS SO ORDERED.