Deppoleto v. Takeover Industries Incorporated, No. 2:2022cv02013 - Document 74 (D. Nev. 2024)
Court Description: ORDER Granting 73 Stipulation for Extension of Time. Discovery due by 6/20/2024. Motions due by 7/22/2024. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 5/2/2024. (Copies have been distributed pursuant to the NEF - AMMi)
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Dockets.Justia.com 1 2 3 4 5 6 7 8 9 JAMES PATRICK SHEA Nevada Bar No. 405 BART K. LARSEN Nevada Bar No. 8538 KYLE M. WYANT Nevada Bar No. 14652 SHEA LARSEN 1731 Village Center Circle, Suite 150 Las Vegas, Nevada 89134 Telephone: (702) 471-7432 Fax: (702) 926-9683 Email: jshea@shea.law blarsen@shea.law kwyant@shea.law 14 JENNIFER E. HOEKEL Nevada Bar No. 12775 jennifer.hoekel@huschblackwell.com HUSCH BLACKWELL LLP 8001 Forsyth Boulevard, Suite 1500 St. Louis, Missouri 63105 Telephone: 314.480.1500 Facsimile: 314.480.1505 15 -and- 10 11 12 13 16 17 18 19 20 21 22 23 PATRICK M. HARVEY Admitted Pro Hac Vice Patrick.Harvey@huschblackwell.com HUSCH BLACKWELL LLP 511 North Broadway, Suite 1100 Milwaukee, WI 53202 Telephone: 414.273.2100 Facsimile: 414.223.5000 Attorney for Plaintiff James V. Deppoleto Jr. Deppoleto v. Takeover Industries Incorporated 24 25 26 27 28 Doc. 74 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 1 JAMES V. DEPPOLETO JR., 2 3 4 5 Plaintiff, CASE NO. 2:22-CV-2013 v. SECOND STIPULATION FOR EXTENSION OF TIME TAKEOVER INDUSTRIES INCORPORATED, et al. SPECIAL SCHEDULING REVIEW REQUESTED Defendant. 6 7 8 SECOND STIPULATION FOR EXTENSION OF TIME Plaintiff, James V. Deppoleto Jr. (“Mr. Deppoleto” or “Plaintiff”), by and through his 9 10 undersigned counsel, and Defendants, Takeover Industries Incorporated (“Takeover”), Tom Zarro 11 (“Zarro”), Michael Holley (“Holley”), Toby McBride (“McBride”), Joseph Pavlik (“Pavlik”) and 12 NextGen Beverages, LLC (“NextGen”) (collectively, the “Takeover Defendants”), 1 by and 13 through their undersigned counsel, hereby submit the following Second Stipulation for Extension 14 of Time for the Court’s review: 15 WHEREAS, on November 9, 2023, the Court entered a Scheduling Order (ECF No. 37) 16 17 18 setting, among other deadlines: (a) May 7, 2024, as the deadline by which parties must complete discovery; (b) June 6, 2024, as the date for filing of dispositive motions; WHEREAS, on April 5, 2024, the Parties filed a Stipulation for Extension of Time (ECF 19 20 No. 71), requesting that the discovery and dispositive motion deadline be extended by 14 days; 21 22 23 24 WHEREAS, on April 9, 2024, the Court granted the Parties’ request by Order (ECF No. 72), setting: (a) May 21, 2024, as the deadline by which the Parties must complete discovery; and (b) June 20, 2024, as the date for filing dispositive motions; WHEREAS, in light of the continued settlement negotiations among the Parties, the Parties 25 26 27 1 Plaintiff and the Takeover Defendants may be referred to as the “Parties.” 28 2 1 have met and conferred and agree to extend the discovery and case dispositive motion deadlines 2 by 14 days each, such that; 3 (a) 4 5 6 7 8 Pursuant to LR 26-1(b), discovery in this action shall be completed on or before June 20, 2024; (b) Dispositive Motions shall be filed and served no later than July 22, 2024. WHEREAS, pursuant to LR 26-3, the parties state as follows: (a) After and in light of the Court’s two recent decisions regarding the parties’ 9 discovery disputes, the parties have exchanged initial written discovery, 10 followed by some supplemental responses having been produced. The 11 parties each have some discovery responses outstanding, with responsive 12 deadlines approaching in the near future. The parties have also discussed a 13 deposition schedule for the various fact witnesses, and were planning to 14 begin depositions soon. 15 16 (b) requests, and depositions need to occur; 17 18 (c) 19 The parties have been negotiating over a potential resolution, and are in agreement that a short pause on discovery would be beneficial in that it 20 would allow the parties to allocate and focus resources on negotiations over 21 a potential resolution which. 22 23 The parties need to complete responses to each other’s respective discovery (d) Since the Court granted the Parties’ first stipulation, the Parties have 24 continued active settlement discussions. Given the claims at issue in this 25 lawsuit, the Parties are negotiating a very complicated potential resolution 26 that goes beyond a simple exchange of money for a settlement agreement 27 28 3 and release and requires additional time for negotiation. 1 2 3 4 5 6 7 8 (e) All discovery shall be completed no later than June 20, 2024. WHEREAS, undersigned counsel certifies that this is the second stipulation for extension of time to file motions pursuant to LR IA 6-1. IT IS HEREBY STIPULATED AND AGREED by and between the parties, through their undersigned counsel and subject to the approval of the Court, that all discovery shall be completed no later than June 20, 2024. 9 IT IS FURTHER HEREBY STIPULATED AND AGREED by and between the parties, 10 through their undersigned counsel and subject to the approval of the Court, that all case dispositive 11 motions, along with supporting briefs and other papers, if any, shall be served and filed on or 12 before July 22, 2024. Briefing will be presented pursuant to the Court’s Local Rules. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 1 2 3 IT IS SO ORDERED. 4 5 ____________________________________ UNITED STATES MAGISTRATE JUDGE 6 DATED: 5-2-24 _____________________ 7 8 9 10 11 12 13 14 15 16 17 18 19 DATED this 30th day of April, 2024. DATED this 30th day of April, 2024. HUSCH BLACKWELL LLP HALL & EVANS LLC /s/ Patrick M. Harvey JAMES PATRICK SHEA Nevada Bar No. 405 BART K. LARSEN Nevada Bar No. 8538 KYLE M. WYANT Nevada Bar No. 14652 SHEA LARSEN 1731 Village Center Circle, Suite 150 Las Vegas, Nevada 89134 Telephone: (702) 471-7432 Fax: (702) 926-9683 Email: jshea@shea.law blarsen@shea.law kwyant@shea.law /s/ David Sexton KURT R. BONDS, ESQ. Nevada Bar No. 6228 DAVID SEXTON Nevada Bar No. 14951 1160 North Town Center Drive, Suite 330 Las Vegas, NV 89144 Attorneys for Defendants Takeover Industries Incorporated, Tom Zarro, Michael Holley, Toby McBride, Joseph Pavlik and NextGen Beverages, LLC 24 JENNIFER E. HOEKEL Nevada Bar No. 12775 jennifer.hoekel@huschblackwell.com HUSCH BLACKWELL LLP 8001 Forsyth Boulevard, Suite 1500 St. Louis, Missouri 63105 Telephone: 314.480.1500 Facsimile: 314.480.1505 25 And 20 21 22 23 26 27 28 5 1 2 3 4 5 6 PATRICK M. HARVEY Admitted Pro Hac Vice Patrick.Harvey@huschblackwell.com HUSCH BLACKWELL LLP 511 North Broadway, Suite 1100 Milwaukee, WI 53202 Telephone: 414.273.2100 Facsimile: 414.223.5000 Attorney for Plaintiff James V. Deppoleto Jr. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 1 2 3 4 5 6 7 8 CERTIFICATE OF SERVICE 9 10 11 12 13 14 15 16 1. On April 30, 2024, I served the following document(s): SECOND STIPULATION FOR EXTENSION OF TIME 2. I served the above document(s) by the following means to the persons as listed below: X a. ECF System: KURT R. BONDS on behalf of Defendants Takeover Industries Incorporated, Tom Zarro, Michael Holley, Toby McBride, Joseph Pavlik and NextGen Beverages, LLC nvefile@hallevans.com; bondsk@hallevans.com 18 DAVID SEXTON on behalf of Defendants Takeover Industries Incorporated, Tom Zarro, Michael Holley, Toby McBride, Joseph Pavlik and NextGen Beverages, LLC sextond@hallevans.com 19 And all other parties requesting notice. 20 b. United States mail, postage fully prepaid: c. Personal Service: 17 21 22 23 24 25 26 27 I personally delivered the document(s) to the persons at these addresses: For a party represented by an attorney, delivery was made by handing the document(s) at the attorney’s office with a clerk or other person in charge, or if no one is in charge by leaving the document(s) in a conspicuous place in the office. For a party, delivery was made by handling the document(s) 28 7 1 to the party or by leaving the document(s) at the person’s dwelling house or usual place of abode with someone of suitable age and discretion residing there. 2 3 4 5 6 7 8 9 10 d. By direct email (as opposed to through the ECF System): Based upon the written agreement of the parties to accept service by email or a court order, I caused the document(s) to be sent to the persons at the email addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. e. By fax transmission: Based upon the written agreement of the parties to accept service by fax transmission or a court order, I faxed the document(s) to the persons at the fax numbers listed below. No error was reported by the fax machine that I used. A copy of the record of the fax transmission is attached. f. By messenger: 11 12 13 I served the document(s) by placing them in an envelope or package addressed to the persons at the addresses listed below and providing them to a messenger for service. 14 I declare under penalty of perjury that the foregoing is true and correct. 15 16 Dated: April 30, 2024. By: /s/ Patrick M. Harvey 17 18 19 20 21 22 23 24 25 26 27 28 8
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