Opinion
3:20-cv-00617-MMD-CLB
01-19-2022
POLYMER80, INC., Plaintiff, v. GLOCK, INC.; and LIPSEY'S, LLC, Defendants.
JOHN R. FUNK, ESQ. (Nevada Bar No. 12372) LUKE A. WALKER, ESQ. GUNDERSON LAW FIRM EDMUND J. FERDINAND, III, ESQ. (Admitted pro hac vice) JOHN OLSEN, ESQ. (Admitted pro hac vice) FERDINAND IP LAW GROUP Alexander Malbin, Diane T. Gorczyca Attorneys for Plaintiff, POLYMER80, INC. BROWNSTEIN HYATT FARBER SCHRECK, LLP, Matthew D. Francis, John F. Renzulli, Gavin M. Strube, RENZULLI LAW FIRM, LLP Attorneys for Defendants, Glock, Inc. and Lipsey's, LLC
JOHN R. FUNK, ESQ. (Nevada Bar No. 12372) LUKE A. WALKER, ESQ. GUNDERSON LAW FIRM
EDMUND J. FERDINAND, III, ESQ. (Admitted pro hac vice) JOHN OLSEN, ESQ. (Admitted pro hac vice) FERDINAND IP LAW GROUP Alexander Malbin, Diane T. Gorczyca
Attorneys for Plaintiff, POLYMER80, INC.
BROWNSTEIN HYATT FARBER SCHRECK, LLP, Matthew D. Francis, John F. Renzulli, Gavin M. Strube, RENZULLI LAW FIRM, LLP Attorneys for Defendants, Glock, Inc. and Lipsey's, LLC
STIPULATION AND ORDER TO EXTEND DEADLINE FOR JOINT CASE MANAGEMENT REPORT AND RESCHEDULE CASE MANAGEMENT CONFERENCE
(First Request)
Plaintiff Poymer80, Inc. (“Plaintiff”) and Defendants GLOCK, Inc. and Lipsey's, LLC (collectively “Defendants”) (collectively, at times, the “Parties”), by and through their respective counsel, hereby stipulate and agree: (i) to extend the deadline for submission of the Joint Cas Management Report required by the Court's Order, dated January 5, 2022 (D.I. 62) by one week, t January 27, 2022; and (ii) to reschedule the Case Management Conference from Monday, January 24 2022 to Monday, January 31, 2022, or at the Court's earliest convenience.
This is the first request to extend the deadlines set forth in the Court's January 5, 2022 Order The request is made in good faith and not for the purpose of delay.
In accordance with the Court's January 5, 2022 Order, the Parties confirm that they conducted a meet and confer conference by telephone on January 12, 2022 at which all counsel of record were present. Following the meet and confer, the parties sent subsequent detailed written communication by letter setting forth and clarifying their positions on January 14, 2022 and January 17, 2022.
The Parties can report that they have made substantial progress to resolve Defendants' state deficiency notices during the meet and confer conference and subsequent written communications. O the approximately 30 different Interrogatories and Requests for Production at issue in Defendants deficiency notices, Plaintiff revisited its prior objections and removed them with respect t approximately 25 of the 30 Interrogatories and document requests. The parties have resolved all o the issues with respect to the Interrogatories, as Plaintiff will serve amended responses by an agree future date. The only remaining issues are with respect to: (i) Plaintiff's continued objections wit respect to approximately 5 of the Requests for Production in Defendants' Second Set of Document Requests, for which Plaintiff continues to maintain objections in whole or in part; and (ii) the timing and method of Plaintiff's further document production, which is estimated to be in the range of 30, 00 to 50, 000 additional responsive documents and emails to produce in total.
The parties can also report that they have reached agreement on a preferred form of mediation
However, the parties require a further meet and confer telephone conference to address the few remaining open issues of Plaintiff's document objections, and to reach agreement on the deadlines se forth in the Court's January 5, 2022, in order to finalize and file the Joint Case Management Report The parties are unable to conduct the further meet and confer conference this week because o scheduling conflicts of counsel and the Parties. Hence, despite good faith efforts and multiple communications between counsel to date, the parties are not in a position to provide the Court with final positions for the Joint Case Management report by tomorrow, January 20, 2022. Moreover, the Parties prefer to continue to work together to narrow and resolve the remaining open issues in good faith, as they have done to date, which they believe serves the interest of judicial efficiency. The first opportunity for counsel to have the further meet and confer will be on Tuesday, January 25, 2022. The parties will then be in a position to finalize and file the Joint Case Management Report by Thursday, January 27, 2022.
For good cause shown, the Parties respectfully request the Court to (i) to extend the deadline for submission of the Joint Case Management Report required by the Court's Order, dated January 5, 2022 (D.I. 62) by one week, to January 27, 2022; and (ii) to reschedule the Case Management Conference from Monday, January 24, 2022 to Monday, January 31, 2022, or at the Court's earlies convenience.
IT IS SO STIPULATED: