Filed: Oct. 31, 2017
Latest Update: Oct. 31, 2017
Summary: STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER JENNIFER A. DORSEY , District Judge . WHEREAS the parties hereto, by and through their counsel of record, submitted a joint proposed pretrial order on May 10, 2017, and WHEREAS the Court, having considered the Joint Proposed Pretrial Order and having issued, on May 12, 2017, a Pretrial Order setting the above-captioned for jury trial on March 27, 2018 to commence at 9:00 a.m. in Las Vegas Court-room 6D, The parties hereto having encountered
Summary: STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER JENNIFER A. DORSEY , District Judge . WHEREAS the parties hereto, by and through their counsel of record, submitted a joint proposed pretrial order on May 10, 2017, and WHEREAS the Court, having considered the Joint Proposed Pretrial Order and having issued, on May 12, 2017, a Pretrial Order setting the above-captioned for jury trial on March 27, 2018 to commence at 9:00 a.m. in Las Vegas Court-room 6D, The parties hereto having encountered o..
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STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER
JENNIFER A. DORSEY, District Judge.
WHEREAS the parties hereto, by and through their counsel of record, submitted a joint proposed pretrial order on May 10, 2017, and
WHEREAS the Court, having considered the Joint Proposed Pretrial Order and having issued, on May 12, 2017, a Pretrial Order setting the above-captioned for jury trial on March 27, 2018 to commence at 9:00 a.m. in Las Vegas Court-room 6D,
The parties hereto having encountered obstacles with presenting the above captioned cause for trial, do hereby present this stipulation for order continuing trial, as set forth in more particularity as follows:
1. Plaintiff PHARMAPLAST S.A.E. ("PHARMAPLAST") is an Egyptian share holding company with its headquarters in Alexandria, Egypt; although it makes sales in North America, its staff, employees and officers rarely travel to the United States, and when they do, it is usually for a trade show in such places as Miami, Las Vegas and Los Angeles;
2. Default has been entered against defendant ZEUS MEDICAL HOLDINGS LLC, which is a dissolved Nevada limited liability company, and which has not participated in the above-captioned action since it was filed with this Court on Dec. 21, 2015 (ECF Nos. 19, 21, 25);
3. The above-captioned action was stayed as to defendant ROBERT DANIELS, a Nevada resident, as a result of his 8/31/16 filing of a petition in U.S. Bankruptcy court, Chapter 7 (ECF No. 41-42), his listing of the alleged debt to PHARMAPLAST as a nonpriority unsecured debt in his bankruptcy case, in his Schedule E/F on 9/13/16 in that case, and the Order of Discharge given to him in that case under 11 U.S.C. § 727 on Dec. 6, 2016;
4. Defendant DANIEL MULVANY resides in Kansas City, Kansas and has few contacts with the State of Nevada;
5. Defendant MARK BOLLING resides in Tampa Bay, Florida, and has few contacts with the State of Nevada;
6. PHARMAPLAST has no business interactions or contacts within the State of Nevada;
7. With the only defendants who have business in Nevada being either dissolved and defaulted (ZEUS MEDICAL HOLDINGS, LLC) or bankrupt with a discharge of the subject debt (ROBERT DANIELS), the parties hereto have nevertheless diligently prosecuted the above-captioned action through civil discovery originally set to close on Sept. 13, 2016 (ECF No. 34 at 2:7) but extended by court order on stipulation through Sept. 14, 2016 (ECF No. 40);
8. The parties hereto have met and conferred to find suitable dates that serve their interests practically with the least potential for inconvenience to each other and to counsel of record;
9. If the above-captioned action were to go to trial on March 27, 2018, it would be three hundred nineteen (319) days since the pretrial order that was issued on May 12, 2017 (ECF No. 56) setting it for trial;
10. Continuing this cause to July 9, 2018 would add another one hundred four (104) days to the length of time from the pretrial order, making the total amount of time from pretrial order to jury trial one (1) year and fifty-eight (58) days;
11. In entering into this Stipulation the parties hereto waive such claims, allegations or defenses as might otherwise be made on the basis of diligence in the prosecution of this action for grounds of moving for its dismissal; this stipulation is expressly conditioned on the Court's approval of the length of time between pretrial order and jury trial, in the absence of which this stipulation is null and void; accordingly, they waive the provisions of Local Rule 41-1, which provides as follows:
"All civil actions that have been pending in this court for more than 270 days without any proceeding of record having been taken may, after notice, be dismissed for want of prosecution by the court sua sponte or on the motion of an attorney or pro se party."
12. Due to unforeseen circumstances, the parties have encountered difficulties in proceeding with the trial on the date set by the Court, viz., March 27, 2017, for the following reasons:
a. Plaintiff PHARMAPLAST travels ten (10) time zones to make the appearance at trial; doing so is inconvenient unless its Chief Executive Officer, Mamdouh Atteia, has other business in the United States at or near the same time as the trial;
b. Mamdouh Atteia and his staff are scheduled to be in Orlando, Florida in late July, 2018; if the trial in the above-captioned action were to be set to go out the week of July 9-13, 2018, this would suit their schedule; Mr. Atteia and other witnesses who might appear on PHARMAPLAST's behalf would then not pass through Customs more than once and would extend their trip to the United States to reduce the cost of attending trial;
c. Defendants' counsel, Shawn Perez, Esq., has been invited to a family wedding out of the country between March 25 and 29, 2018, at the same time as the currently-scheduled trial; he had not yet received word of the date for this wedding when the parties submitted their proposed Pretrial Order; the date of this wedding could not have been anticipated when the Court ordered the trial to commence on March 27, 2018; and
d. Defendants MULVANY and BOLLING themselves have no objection to continuing the trial to the week of July 9-13, 2018.
13. The Parties hereto therefore STIPULATE as follows:
THAT the following events, previously scheduled on the dates set forth below, be continued to the dates indicated below, if it please the Court, and on the condition that the Court were willing to continue the trial without dismissing the action for want of prosecution sua sponte:
A. The Status Conference set for Jan. 16, 2018 at 3:00 p.m. in LV Courtroom 6D before Judge Jennifer A. Dorsey be moved to April 17, 2018 at 3:00 p.m. in LV Courtroom 6D before Judge Jennifer A. Dorsey or such other date, time and place as may please the Court;
B. The Calendar Call now set for March 19, 2018 at 1:30 p.m. in LV Court-room 6D before Judge Jennifer A. Dorsey be moved to June 29, 2018 or such other date, time and place as may please the Court; and
C. The jury trial now set for March 27, 2018 at 9:00 a.m. in LV Courtroom 6D before Judge Jennifer A. Dorsey be continued to the week of July 9-13, 2018, commencing at 9:00 a.m. in LV Court-room 6D before Judge Jennifer A. Dorsey or such other time and place as may please the Court.
SO STIPULATED:
ORDER
For good cause shown, the Court orders the following:
A. That the Status Conference set for Jan. 16, 2018 at 3:00 p.m. in LV Courtroom 6D before the Honorable Jennifer A. Doresey be and it hereby is, continued to April 17, 2018 at 3:00 p.m. in LV Courtroom 6D before Judge Jennifer A. Dorsey;
B. That the Calendar Call now set for March 19, 2018 at 1:30 p.m. in LV Courtroom 6D before Judge Jennifer A. Dorsey be, and it hereby is, continued to July 23, 2018 at 1:30 p.m. in LV Courtroom 6D before Judge Jennifer A. Dorsey;
c. That the jury trial now set for March 27, 2018 at 9:00 a.m., in LV Courtroom 6D before Judge Jennifer A. Dorsey be, and it hereby is, continued to July 31, 2018 commencing at 9:00 a.m. in LV Courtroom 6D before Judge Jennifer A. Dorsey.
D. That the Exhibit list, the Trial Briefs the proposed jury instructions and the proposed voir dire are al to be due by July 23, 2018.
E. That the above-captioned action, having already been set for trial more than 270 days after the pretrial order for good cause, shall Local Rule 41-1 notwithstanding, not be dismissed for want of prosecution on account of this continuance providing for a further delay of one hundred four (104) days from the pretrial order to the trial.
SO ORDERED.
