Filed: Jul. 27, 2017
Latest Update: Jul. 27, 2017
Summary: STIPULATION AND ORDER TO STAY PROCEEDINGS PENDING MEDIATION ECF Nos. 17, 20 JENNIFER DORSEY , District Judge . Defendants, MUSIC CITY BIERGARTEN, LLC ("MCB"), BRIAN KEHL, individually and as co-trustee of the KEHL FAMILY IRREVOCABLE TRUST, and STACY KEHL, co-trustee of the KEHL FAMILY IRREVOCABLE TRUST (Brian Kehl, Stacy Kehl and the Kehl Family Irrevocable Trust are referred to as the "Kehls" and the Kehls and MCB are collectively referred to as the "Defendants"), and Plaintiff Hofbrauhau
Summary: STIPULATION AND ORDER TO STAY PROCEEDINGS PENDING MEDIATION ECF Nos. 17, 20 JENNIFER DORSEY , District Judge . Defendants, MUSIC CITY BIERGARTEN, LLC ("MCB"), BRIAN KEHL, individually and as co-trustee of the KEHL FAMILY IRREVOCABLE TRUST, and STACY KEHL, co-trustee of the KEHL FAMILY IRREVOCABLE TRUST (Brian Kehl, Stacy Kehl and the Kehl Family Irrevocable Trust are referred to as the "Kehls" and the Kehls and MCB are collectively referred to as the "Defendants"), and Plaintiff Hofbrauhaus..
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STIPULATION AND ORDER TO STAY PROCEEDINGS PENDING MEDIATION
ECF Nos. 17, 20
JENNIFER DORSEY, District Judge.
Defendants, MUSIC CITY BIERGARTEN, LLC ("MCB"), BRIAN KEHL, individually and as co-trustee of the KEHL FAMILY IRREVOCABLE TRUST, and STACY KEHL, co-trustee of the KEHL FAMILY IRREVOCABLE TRUST (Brian Kehl, Stacy Kehl and the Kehl Family Irrevocable Trust are referred to as the "Kehls" and the Kehls and MCB are collectively referred to as the "Defendants"), and Plaintiff Hofbrauhaus of America, LLC ("Plaintiff"), by and through their respective counsel of record, stipulate and agree as follows:1
WHEREAS, on June 20, 2017, Plaintiff filed its Amended Complaint [ECF No. 11];
WHEREAS, on July 7, 2017, MCB filed a Motion to Dismiss or, in the Alternative, for Summary Judgment (the "Motion") [ECF No. 17];
WHEREAS, on July 13, 2017, Plaintiff and MCB held a Rule 26(f) conference;
WHEREAS, the parties have agreed to mediate this matter in Nevada on or before August 31, 2017;
WHEREAS, the parties have agreed that the mediation shall satisfy any obligation of the parties to mediate this matter as addressed and alleged in MCB's Motion; and
WHEREAS, Plaintiff granted the Kehls an extension until twenty-one (21) days after the mediation is concluded to file a responsive pleading to the Amended Complaint.
NOW THEREFORE, the parties hereby stipulate and request that these proceedings and all deadlines shall be stayed pending mediation between the parties and, that if this matter is not resolved through mediation, then the following shall occur:
1. The stay in these proceedings shall be immediately lifted;
2. MCB's Motion shall be denied as moot;
3. Plaintiff and MCB shall, within 14 days after conclusion of mediation, submit their proposed discovery plan and scheduling order and make their Rule 26(a)(1) initial disclosures;
4. MCB shall, within 14 days after conclusion of mediation, file its answer to the Amended Complaint; and
5. The Kehls shall, within 21 days after conclusion of the mediation, file their responsive pleading to the Amended Complaint.
In the event this matter is not resolved through mediation, the parties shall timely notify the Court. If the matter is resolved through mediation, the parties shall timely submit a stipulation for dismissal of the matter.
ORDER
Based on the parties' stipulation [ECF No. 20] and good cause appearing, IT IS SO ORDERED. IT IS FURTHER ORDERED that this case is STAYED pending mediation, the Motion to Dismiss or, in the Alternative, for Summary Judgment [ECF No. 17] is DENIED as moot, and the 8/28/17 hearing is VACATED.
