United States District Court, D. Nevada
D. BOYLE, ESQ. Nevada Bar No. 08384
M. MYERS, ESQ. Nevada Bar No. 12048
DRIGGS WALCH FINE PUZEY STEIN & THOMPSON Attorneys for
Plaintiff Switch, Ltd.
STIPULATION AND ORDER TO AMEND BRIEFING SCHEDULE ON
DEFENDANTS' PARTIAL MOTION TO DISMISS FIRST AMENDED
COMPLAINT (FIRST REQUEST)
M. NAVARRO, CHIEF JUDGE
to LR IA 6-1, Plaintiff Switch Ltd. ("Switch") and
Defendants Uptime Institute, LLC and Uptime Institute
Professional Services, LLC (together, "Uptime")
(and with Switch, the "Parties), by and through their
undersigned counsel of record, hereby submit this Stipulation
and Order to Amend Briefing Schedule On Defendants'
Partial Motion to Dismiss First Amended Complaint (the
"Stipulation"). This Stipulation is respectfully
submitted with regard to the remaining briefing schedule on
Uptime's Partial Motion to Dismiss First Amended
Complaint (the "Partial Motion to Dismiss"), which
Uptime filed on August 15, 2019 (ECF No. 19). This is the
Parties' first request for an extension of the briefing
schedule regarding the Partial Motion to Dismiss.
support of the Stipulation, the Parties report as follows:
Switch filed its initial Complaint (the "Initial
Complaint") on April 11, 2019. (ECF No. 1).
July 10, 2019 Uptime filed a Motion to Dismiss the Complaint
(the "Motion to Dismiss") pursuant to Fed.R.Civ.P.
12, requesting that this Court dismiss each of the claims
alleged by Switch in the Initial Complaint on based on
contentions of lack of subject matter jurisdiction, failure
to comply with the pleading requirements of Fed.R.Civ.P.
9(b), lack of particularity, and lack of an "actual
controversy" to support declaratory relief. (ECF No.
Without conceding the merits of the Motion to Dismiss, on
July 31, 2019 Switch filed a First Amended Complaint (the
"FAC") pursuant to Fed.R.Civ.P. 15(a)(1)(B) (ECF
response to the FAC, Uptime filed its Partial Motion to
Dismiss on August 14, 2019. Switch's deadline to file a
response brief is presently set on August 28, 2019, and
Uptime's deadline to file a reply brief is seven (7) days
from the date that Switch files its responsive brief.
See LRII 7-2(b).
this Stipulation, Switch requests an extension of six (6)
days to file a response to the Partial Motion to Dismiss,
with the revised deadline being September 3, 2019. Uptime
consents to this request by Switch. However, with that
extension, Uptime would then effectively have fewer than the
standard seven days for reply, due to preexisting scheduling
issues during the new reply period, including an intensive
multi-day meeting arranged months ago, involving more than
twelve people convening from various countries. Accordingly,
Uptime has requested that, if the Court grants the request by
Switch for an extension, the Court should add two days to the
standard seven-day period for reply. Hence, the revised
deadline for the reply brief would be September 12, 2019.
Switch consents to this request by Uptime.
Pursuant to LR IA 6-1(a), Switch respectfully requests the
extensions set forth herein in order to accommodate
scheduling conflicts of counsel involving previously
calendared vacations and unrelated litigation. Specifically,
counsel for Switch is involved in a complex arbitration
matter for which considerable trade secret discovery is due
prior to August 28, 2019, in addition to a
previously-scheduled personal trip outside of Nevada.
Uptime's counsel has graciously consented to accommodate
these scheduling issues.
Parties respectfully suggest that no undue prejudice or delay
will occur in these proceedings based on the requested
extension to the briefing schedule on the Partial Motion to
Dismiss. In addition, the Parties continue to diligently work
on discovery-related issues including the preparation of
Initial Disclosures pursuant to Fed.R.Civ.P. 26(a), the
preparation of a [Proposed] Joint Protective Order, and
preparation of an ESI-protocol.
the foregoing reasons, Switch respectfully requests that this
Court permit Switch to file a response brief to the Partial
Motion to Dismiss on or before September 3, 2019, and Uptime
respectfully requests to file its reply brief in support ...