Levels Network, Inc. v. Frey
Levels Network, Inc. v. Frey
Trial Court Opinion
1 Marquis Aurbach Coffing Brian R. Hardy, Esq. 2 Nevada Bar No. 10068 Susan E. Gillespie, Esq. 3 10001 Park Run Drive Las Vegas, Nevada 89145 4 Telephone: (702) 382-0711 Facsimile: (702) 382-5816 5 [email protected] [email protected] 6 Attorneys for Defendant Jonas Frey
7 UNITED STATES DISTRICT COURT
8 DISTRICT OF NEVADA 9 LEVELS NETWORK, INC., a Delaware Case Number: corporation; and AW BETEILIGUNGS 2:21-CV-01796-RFB-BNW 10 GMBH, a limited liability company organized under the laws of Germany, 11 STIPULATION AND ORDER TO SET Plaintiffs, BRIEFING SCHEDULE AND ALLOW 12 A SUPPLEMENTAL BRIEFING ON vs. THE PENDING MOTION FOR ENTRY 13 OF PRELIMINARY INJUNCTIVE JONAS FREY, an individual, RELIEF PURSUANT TO FED. R. CIV.
14 P. 65AND LR IA 7-2 Defendant. [ECF NO. 8] 15 (First Request) 16
17 Pursuant to LR IA 6-1 and 6-2 and LR II 7-2(g), Plaintiffs Levels Network, Inc. and 18 AW Beteiligungs GMBH (collectively “Plaintiffs”), by and through their counsel of record, 19 Kevin Murphy, Esq. (phv) of Wuersch & Gering LLP, and Brian W. Boschee and James D. 20 Boyle, of Holley Driggs and Defendant Jonas Frey, by and through his counsel of record, 21 Brian R. Hardy, Esq. and Susan E. Gillespie, Esq., of Marquis Aurbach Coffing, hereby 22 stipulate and agree to allow for supplemental briefing in response to Plaintiffs’ Reply in 23 Support of Motion for Entry of Preliminary Injunctive Relief Pursuant to Fed. R. Civ. P. 65 24 and LR IA 7-2. [ECF No. 34] (the “Reply Brief”). This Stipulation is being entered in good 25 faith and not for purposes of delay. This is the parties first request for additional briefing. 26 During the Parties’ meet and confer teleconference on November 16, 2021, the Parties 27 discussed the need, for the benefit and edification of the Court, to submit supplemental Page 1 of 3 1 briefing on specific issues raised in the Reply Brief. Counsel for both Parties agree that such 2 supplemental briefing will provide this Court with additional factual and legal context to said 3 issues, and good cause therefore exists pursuant to LR II 7-2(g) for this Court to grant the 4 Parties to submit supplemental briefing as set forth below. 5 1. On September 29, 2021, Plaintiffs filed their Motion for Preliminary 6 Injunction. ECF No. 8. 7 2. On October 7, 2021, Defendant was served with the Complaint. 8 3. On October 20, 2021, the Court issued a minute order that ordered Defendant 9 to respond to the Motion for Preliminary Injunction on or before October 21, 2021 and 10 Plaintiffs to file their reply on or before October 28, 2021. ECF No. 18. 11 4. On October 21, 2021, the parties stipulated and the Court granted an extension 12 to the briefing schedule set by the Court in order to continue with good faith discussions to 13 reach a resolution of the issues raised in the Motion for Preliminary Injunction, and potentially 14 in the case overall. ECF No. 21. 15 5. On October 28, 2021, the parties stipulated a second time and the Court again 16 granted an extension to the briefing schedule set by the Court in order to continue with good 17 faith discussions to reach a resolution of the issues raised in the Motion for Preliminary 18 Injunction, and potentially in the case overall. ECF No. 24. 19 6. On November 2, 2021, Defendant filed his Opposition to Plaintiffs’ Motion for 20 Preliminary Injunction. ECF No. 32. 21 7. On November 9, 2021, Plaintiffs filed their Reply in Support of Plaintiffs’ 22 Motion for Preliminary Injunction (“Plaintiffs’ Reply”). ECF No. 34. 23 8. On November 16, 2021, the parties held a meet and confer to discuss the 24 arguments and new request for alternative relief in Plaintiffs’ Reply. The parties agreed 25 additional briefing was warranted based upon Plaintiffs’ request for alternative relief in 26 Plaintiffs’ Reply. 27 Page 2 of 3 ] 9. The parties hereby agree that Defendant may file a Supplemental Opposition 2||in response to the newly raised alternative relief in Plaintiffs’ Reply. Defendant’s 3 | Supplemental Opposition will be due on or before November 29, 2021. 4 10. The parties hereby agree that Plaintiffs may file a Supplemental Reply in 5 || response to Defendant’s Supplemental Opposition. Plaintiffs’ Supplemental Reply will be due 6 || on or before December 10, 2021. 7 IT IS SO STIPULATED. 8 | Dated this 17" day of November, 2021. Dated this 17" day of November, 2021. g || HOLLEY DRIGGS MARQUIS AURBACH COFFING 10 By: sAJames D. Boyle _ By: s/Brian R. Hardy James D. Boyle, Esq. Brian R. Hardy, Esq. 11 Nevada Bar No. 8384 Nevada Bar No. 10068 th rd .
400 South 4" St., 3°° Floor . 10001 Park Run Drive 12 Las Vegas, Nevada 89101 Att for Plaintiff, Las Vegas, Nevada 89145 13 omeys TOR aunts Attorneys for Defendant Jonas Frey £2 ,,|| WUERSCH & GERING LLP 8 By: s/Kevin Murphy 15 Kevin Murphy, Esq. (phv) SPE 16 100 Wall St. 10" Floor = 4 New York, NY 10005 Attorneys for Plaintiffs
18 ORDER 19 IT IS SO ORDERED this 17th day of __ November , 2021. 20 21 wont tS I 23 United States District Court 24 25 26 27 Page 3 of 3 MAC:16738-001 4543307_1 11/17/2021 3:03 PM
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