United States District Court, D. Nevada
GOLD WATER TRADING CORPORATION, a Nevada corporation, Plaintiff,
JINRO AMERICA, INC., a foreign corporation; DOES I-X, inclusive; and ROE Corporations and Limited Liability Companies I-X, inclusive, Defendants.
B. Hendricks (NVSBN 7743) Christopher R. Miltenberger (NVSBN
10153) GREENBERG TRAURIG, LLP Christopher Tayback (CA SBN
145532, admitted pro hac vice) Michael L. Fazio (CA SBN
228601, admitted pro hac vice) QUINN EMANUEL URQUHART &
SULLIVAN, LLP Attorneys for Defendant Jinro America, Inc.
LEVINE, GARFINKEL & ECKERSLEY Louis E. Garfinkel (NVSBN
3416) Karen H. Ross (NVSBN 9299) THE LAW OFFICE OF KAREN H.
ROSS Attorneys for Plaintiff Gold Water Trading Corporation
STIPULATION AND [PROPOSED]
ORDER TO FILE SECOND AMENDED COMPLAINT [SECOND
to LR 1A 6-1, LR 1A 6-2, LR 7-1, and FRCP 15(a)(2), Defendant
Jinro America, Inc. (“JAI”) and Plaintiff Gold
Water Trading Corporation (“Gold Water”)
(collectively, the “Parties”), by and through
their respective counsel of record, hereby agree and
stipulate to withdraw Gold Water's Motion for Leave to
File Second Amended Complaint (ECF No. 31), permit Gold Water
to file a Second Amended Complaint on or before June 1, 2018,
to extend JAI's deadline to answer Gold Water's
Second Amended Complaint to June 29, 2018, and request that
the Court enter an order approving same.
Gold Water filed its Complaint in this matter in the Eighth
Judicial District Court, Clark County, Nevada on January 31,
2018. JAI removed the action to this Court on February 12,
2018 (ECF No. 1). Plaintiff did not move to remand this
on February 16, 2018, Gold Water filed an Emergency Motion
for Temporary Restraining Order and Preliminary Injunction
(the “Motion”) (ECF No. 7). JAI filed its
Opposition to the Motion on February 21, 2018 (ECF No. 9).
Gold Water filed its Reply in support of its Motion on
February 28, 2018 (ECF No. 17). On March 6, 2018, the Court
entered an Order Denying the relief sought in the Motion (the
“Order”). (ECF No. 20). In the Order, the Court
noted that certain “new evidence might cause Gold Water
to seek to amend its pleading.” See Order, ECF
No. 20, 6:1-2.
subsequent to the issuance of the Order, the parties
conducted a telephonic meet and confer with respect to the
status of this action. During this meet and confer, Gold
Water indicated that it intended to amend its Complaint and
the parties discussed a briefing schedule to allow Gold Water
to file its First Amended Complaint and for JAI to file its
response to Gold Water's First Amended Complaint. On
March 13, 2018, the parties filed a stipulation and proposed
order to permit Gold Water to file its First Amended
Complaint and to extend the deadline for JAI to answer the
First Amended Complaint. (ECF No. 23). The Court approved the
stipulation via order. (ECF No. 25). Gold Water filed its
First Amended Complaint on April 12, 2018. (ECF No. 29). JAI
filed its Answer to the First Amended Complaint on April 27,
2018. (ECF No. 30).
on May 11, 2018, Gold Water sought leave from the Court to
file a Second Amended Complaint. (ECF Nos. 31, 31-1). On May
17, 2018, in the interests of judicial economy and to reduce
the need for the parties to file unnecessary documents with
the Court, the parties discussed a briefing schedule to allow
Gold Water to file its Second Amended Complaint and for JAI
to file its response thereto.
on the foregoing, and pursuant to FRCP 15(a)(2), the parties
respectfully request that the Court enter an order as
contemplated by the parties during their meet and confer, as
1. Gold Water's existing Motion for Leave to file a
Second Amended Complaint (ECF No. 31) is withdrawn;
2. Gold Water shall have up to and including June 1, 2018, in
which to file and serve a Second Amended Complaint;
3. JAI shall have up to and including June 29, 2018, in which
to answer Gold Water's Second Amended Complaint.
stipulation is entered into in good faith and is not intended
to delay these proceedings. Instead, this stipulation will
further the interests of justice and judicial efficiency. No.
party in the action will be prejudiced by this stipulation as
all parties are in agreement with respect to this schedule.
Based on the foregoing, good cause exists to enter the order
extending the parties' briefing schedule as contemplated
herein and the parties respectfully request that the Court
enter an order approving the same.
the parties' second request for an extension of time for
either Gold Water to submit an amended pleading or for ...