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Pacific Energy & Mining Company v. Maximilian Resources LLC, 3:17-cv-00363-HDM-CBC. (2018)

Court: District Court, D. Nevada Number: infdco20181109l26 Visitors: 24
Filed: Nov. 08, 2018
Latest Update: Nov. 08, 2018
Summary: ORDER GRANTING STIPULATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO THE MOTION FOR SUMMARY JUDGMENT [DOC. 61] (FOURTH REQUEST) AND THE MOTION TO DISMISS COUNTER CLAIMS [DOC. 69] (THIRD REQUEST) HOWARD D. McKIBBEN , Senior District Judge . WHEREAS , Plaintiff Pacific Energy and Mining Company (" Pacific ") commenced this action against Defendant Maximilian Resources, LLC (" Maximilian " and together with Pacific, the " Parties ") by filing a Complaint for Declaratory Judgment (" Plaintiff
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ORDER GRANTING STIPULATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO THE MOTION FOR SUMMARY JUDGMENT [DOC. 61] (FOURTH REQUEST) AND THE MOTION TO DISMISS COUNTER CLAIMS [DOC. 69]

(THIRD REQUEST)

WHEREAS, Plaintiff Pacific Energy and Mining Company ("Pacific") commenced this action against Defendant Maximilian Resources, LLC ("Maximilian" and together with Pacific, the "Parties") by filing a Complaint for Declaratory Judgment ("Plaintiff's Complaint") on June 9, 2017;

WHEREAS, on June 6, 2018, Pacific filed a motion requesting that this Court issue summary judgment in its favor (the "Summary Judgment Motion");

WHEREAS, pursuant to a stipulation agreed to by Pacific and Maximilian and so ordered by this Court, Maximilian's current deadline to oppose the Summary Judgment Motion is November 17, 2018 (the "SJ Objection Deadline");

WHEREAS, on July 2, 2018, Maximilian filed an answer to Plaintiff's Complaint and asserted certain counter-claims against Pacific;

WHEREAS, on July 17, 2018, Pacific filed a motion to dismiss Maximilian counter-complaint (the "Motion to Dismiss");

WHEREAS, pursuant to a stipulation agreed to by Pacific and Maximilian and so ordered by this Curt, Maximilian's current deadline to oppose the Motion to Dismiss is November 17, 2018 (the "Motion to Dismiss Objection Deadline");

WHEREAS, the Parties are engaged in settlement discussions regarding the issue raised herein and numerous other issues involving multiple parties located in multiple locations;

WHEREAS, while the Parties continue to earnestly pursue settlement discussions, they wish to (i) avoid the cost and expense of litigating the Summary Judgement Motion and the Motion to Dismiss and (ii) preserve this Court's resources given the recent progress in negotiations wherein the Parties believe they have agreed upon certain of the material elements of a global settlement;

WHEREAS, the Parties agree that adjourning the SJ Objection Deadline and the Motion to Dismiss Objection Deadline is in their best interests and further the goal of judicial economy;

NOW THEREFORE, in consideration of the foregoing, of the mutual promises and covenants herein, and other considerations, the reasonableness of which is hereby acknowledged, the Parties hereto agree as follows:

1. The Parties hereby agree that the Objection Deadline to the Summary Judgement Motion is extended through and including January 4, 2019.

2. The Parties hereby agree that the Objection Deadline to the Motion to Dismiss is extended through and including January 4, 2019.

IT IS SO ORDERED.

Source:  Leagle

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