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Morgan Stanley High Yield Securities Inc. v. Jecklin

United States District Court, D. Nevada

December 12, 2017

MORGAN STANLEY HIGH YIELD SECURITIES INC.; MORGAN STANLEY DEAN WITTER HIGH INCOME ADVANTAGE TRUST; MORGAN STANLEY DEAN WITTER HIGH INCOME ADVANTAGE TRUST II; MORGAN STANLEY DEAN WITTER HIGH INCOME ADVANTAGE TRUST III; MORGAN STANLEY VARIABLE INVESTMENT SERIES; MORGAN STANLEY DIVERSIFIED INCOME TRUST; and MORGAN STANLEY SELECT DIMENSIONS INVESTMENT SERIES, Plaintiffs,
v.
HANS JECKLIN, CHRISTIANE JECKLIN; GEORGE HAEBERLING; JOHN TIPTON; SWISS LEISURE GROUP AG; and JPC HOLDING AG, Defendants.

          PETERSON BAKER, PLLC TAMARA BEATTY PETERSON, ESQ. BENJAMIN K. REITZ, ESQ. Attorneys for Defendants Hans Jecklin, Christiane Jecklin, Swiss Leisure Group AG, and JPC Holding AG.

          DICKINSON WRIGHT, PLLC ERIC D. HONE, ESQ. JOEL Z. SCHWARZ, ESQ. GABRIEL A. BLUMBERG, ESQ. Attorneys for Defendant George Haeberling.

          MCDONALD CARANO LLP JEFFREY A. SILVESTRI, ESQ. CRAIG A. NEWBY, ESQ. STEVEN ENGELMYER, ESQ. ERIC J. SCHREINER, ESQ. KLEINBARD LLC Attorneys for Defendant John Tipton.

          KOLESAR & LEATHAM, CHTD. ALAN J. LEFEBVRE, ESQ. JEAN-MARIE L. ATAMIAN, ESQ. JOHN M. CONLON, ESQ. JASON I. KIRSCHNER, ESQ. MAYER BROWN LLP Attorney for Plaintiffs.

          STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO FILE (1) PROPOSED JOINT PRETRIAL ORDER, (2) EXHIBIT LISTS AND WITNESS LISTS; AND (3) MOTIONS IN LIMINE (FIRST REQUEST)

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         WHEREAS, pursuant to the Minutes of Proceedings of the October 26, 2017 Status Conference [ECF No. 455] ("Minutes of Proceedings"), the current deadline to file the Proposed Joint Pretrial Order is December 15, 2017; the current deadline to submit exhibit lists and witness lists is January 5, 2018; the current deadline to file Motions in Limine is January 19, 2018; and the trial is set for March 5, 2018;

         WHEREAS, the parties have met and conferred regarding the current schedule and are working diligently to comply with the Court's order;

         WHEREAS, due to the many items presented for the filing of the Proposed Joint Pretrial Order, witness and exhibits lists, the parties respectfully request additional time to meet and confer regarding exhibits, witnesses, and issues for trial;

         WHEREAS, the parties respectfully request additional time to meet and confer on any outstanding evidentiary issues following the submission of the Proposed Joint Pretrial Order;

         WHEREAS, an extension of time on these matters will not adversely affect the trial date.

         Based on the forgoing, Defendants Hans Jecklin, Christiane Jecklin, Swiss Leisure Group AG and JPC Holding AG, by and through their counsel of record, the law firm of Peterson Baker, PLLC, Defendant George Haeberling, by and through his counsel of record, the law firm of Dickinson Wright, PLLC, Defendant John Tipton, by and through his counsel of record, the law firms of McDonald Carano LLP and Kleinbard LLC, and Plaintiffs Morgan Stanley High Yield Securities Inc., Morgan Stanley Dean Witter High Income Advantage Trust, Morgan Stanley Dean Witter High Income Advantage Trust II, Morgan Stanley Dean Witter High Income Advantage Trust III; Morgan Stanley Variable Investment Series; Morgan Stanley Diversified Income Trust and Morgan Stanley Select Dimensions Investment Series, by and through their counsel of record, the law firms of Kolesar & Leatham, Chtd. and Mayer Brown LLP, hereby stipulate and agree, subject to the Court's approval, as follows:

         1. The deadline to file the Proposed Joint Pretrial Order is extended from December 15, 2017 to January 19, 2018;

         2. The deadline to submit exhibit lists and witness lists is extended from ...


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