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LP v. Fir Tree, Inc.

United States District Court, D. Nevada

August 14, 2017

COMPARTMENT IT2, LP, a Georgia limited partnership, COMPARTMENT IT5, LP, a Georgia limited partnership, COMPARTMENT IT9, LP, a Georgia limited partnership, and MFAM MOBILFUNK ASSET MANAGEMENT GMBH, a German corporation, Plaintiffs,
v.
FIR TREE, INC. d/b/a FIR TREE PARTNERS, a New York Corporation, PAUL MCGINN, an individual, GABRIEL MARGENT, an individual, GRANT BARBER, an individual, JARRET COHEN, an individual, and SCOTT TROELLER, an individual, Defendants.

          JOE LAXAGUE, ESQ. Nevada Bar No. 7417 JEFFREY D. PIKE, ESQ. Nevada Bar No. 13934 ROGER A. LANE, ESQ. Massachusetts BBO No. 551368 Foley & Lardner, LLP Attorneys for Plaintiffs

          HOLLAND & HART, LLP J. STEPHEN PEEK, ESQ. (NV Bar No. 1758) ROBERT J. CASSITY, ESQ. (NV Bar No. 9779) LOWENSTEIN SANDLER LLP SHELIA A. SADIGHI, ESQ. ATTORNEYS FOR DEFENDANTS FIR TREE, INC. D/B/A FIR TREE PARTNERS; JARRET COHEN; AND SCOTT TROELLER

          FOX ROTHSCHILD, LLP MARK J. CONNOT, ESQ. (NV BAR NO. 10010) CORINNE MCCANN TRAINOR, ESQ. ALLISON L. HOLLOWS, ESQ. ATTORNEYS FOR DEFENDANT PAUL MCGINN

          FENNEMORE CRAIG, P.C. LESLIE BRYAN HART (NV Bar No. 4932) MORRISON FOERSTER ERIK J. OLSON. ESQ. ATTORNEYS FOR DEFENDANTS GABRIEL MARGENT AND GRANT BARBER

          STIPULATION AND ORDER RE: DEADLINES FOR OPPOSITIONS TO MOTIONS TO DISMISS AND REPLIES IN SUPPORT OF MOTIONS TO DISMISS [SECOND REQUEST]

         Plaintiffs and all named Defendants herein, by and through their attorneys of record, stipulate as follows:

         RECITALS

         1. The three motions to dismiss that are the subjects of this stipulation were filed on August 4, 2017; namely, Defendants Fir Tree, Inc., Jarret Cohen, and Scott J. Troeller's Motion to Dismiss (ECF No.12 and, as corrected, ECF No. 19); Defendants Gabriel Margent and Grant Barber's Motion to Dismiss (ECF No. 16); and Defendant Paul McGinn's Motion to Dismiss (ECF No. 9).

         2. Each of the Motions to Dismiss is accompanied by a Memorandum of Points and Authorities, which range in length from 18 to 23 pages, as well as accompanying declarations and exhibits which, taken together, exceed 1, 200 pages. See, as to the Fir Tree Defendants, ECF Nos. 13, 14 & 15 and, as corrected, 20, 21 & 22; as to Defendant McGinn, ECF No. 10; and as to Defendants Barber and Margent, the attachments to ECF No. 16. In addition, Defendants Barber and Margent filed a Request for Judicial Notice in support of their Motion to Dismiss (ECF No. 17).

         3. Given the extensive nature of the three Motions to Dismiss and the materials submitted in support of them, Plaintiffs' counsel seeks an extension of time in order to respond adequately to the Motions to Dismiss, and to provide Defendants' counsel with adequate time to reply, to which the Defendants' respective counsel have assented.

         4. On July 31, 2017, the parties submitted a “Stipulation and Order re: Deadlines for Responses to Complaint and Related Matters” (the “First Stipulation, ” ECF No. 7). The First Stipulation requested a deadline for Answers to the Complaint and Motions to Dismiss of August 4, 2017, a deadline for oppositions to motions to dismiss of September 18, 2017, and a deadline for replies in support of motions to dismiss of October 13, 2017.

         5. On August 3, 2017, the Court entered its Order setting a deadline of August 4, 2017 for answers or other responses to the Complaint (ECF No. 8).

         6. On August 4, 2017, as discussed above, the three Motions to Dismiss, together with their respective supporting materials, were filed.

         7. The parties remain in agreement regarding their requested briefing schedule for all filed Motions to Dismiss and therefore renew the request set forth in the First Stipulation for deadlines of September 18, 2017, for the oppositions to each filed Motion to Dismiss and October 13, 2017, for replies in support of each filed Motion to Dismiss.

         S ...


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