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International Markets Live, Inc. v. Blue Capital FX, LLC, 2:18-cv-01591-APG-PAL. (2018)

Court: District Court, D. Nevada Number: infdco20180917621 Visitors: 3
Filed: Sep. 12, 2018
Latest Update: Sep. 12, 2018
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER [ECF NOS. 7 & 9] ANDREW P. GORDON , District Judge . Plaintiff International Markets Live, Inc. ("IML"), by and through its counsel, Law Offices of P. Sterling Kerr, and Defendant Nate Barnes ("Mr. Barnes"), by and through his counsel, H1 Law Group, hereby stipulate as follows: 1. On August 23, 2018, IML initiated this lawsuit with the filing of its complaint against four defendants:
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER [ECF NOS. 7 & 9]

Plaintiff International Markets Live, Inc. ("IML"), by and through its counsel, Law Offices of P. Sterling Kerr, and Defendant Nate Barnes ("Mr. Barnes"), by and through his counsel, H1 Law Group, hereby stipulate as follows:

1. On August 23, 2018, IML initiated this lawsuit with the filing of its complaint against four defendants: Blue Capital FX, LLC, Ken Ibizugbe, Heather Lopez, and Mr. Barnes (the "Defendants"). (See ECF No. 2.)

2. On August 27, 2018, this Court entered an Order to Show Cause Why Case Should Not Be Dismissed for Lack of Subject Matter Jurisdiction ("Show Cause Order.") (See ECF No. 5.) By way of the Show Cause Order, the Court directed IML "to show cause in writing why this action should not be dismissed for lack of subject matter jurisdiction" on or before September 14, 2018. (Id.)

3. On August 31, 2018, IML filed an Emergency Motion for an Ex Parte Temporary Restraining Order ("TRO") and Preliminary Injunction against Defendants. (See ECF No. 7.)

4. On September 5, 2018, this Court entered an Order that declined to issue a TRO on an ex parte basis. (See ECF No. 9.)

5. Instead, the Court scheduled a TRO hearing for Thursday, September 13, 2018 at 9:30 a.m. "provided IML has properly and timely served the documents required in this order." (Id.)

6. As to service, the Court's Order directed IML to "immediately serve on the defendants all of the papers filed in this case" and instructed IML to file a certificate confirming service on Defendants. (Id.)

7. In scheduling the hearing, the Court contemplated holding a hearing on IML's request for a TRO "after the passage of sufficient time for both service and the defendants to retain counsel and prepare for the hearing."

8. On or about September 5, 2018, IML completed service on Mr. Barnes. A certificate of service confirming same has not yet been filed.

9. The other three defendants have not yet been served.

10. As three of the defendants have not yet been served and Mr. Barnes is just now in the process of retaining counsel, the parties stipulate and agree to continue the TRO hearing, currently scheduled for September 13, 2018 (ECF No. 9), to be heard September 27, 2018, at 9:30 a.m. in Las Vegas Courtroom C.

11. Additionally, as the outcome of the Show Cause Order (ECF No. 5) may be dispositive, the parties also stipulate to seeking resolution of same on shortened time should the Court's schedule so permit.

IT IS SO ORDERED.

Source:  Leagle

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