United States District Court, D. Nevada
LAW GROUP RYAN M. LOWER MCCARTER & ENGLISH, LLP THOMAS J.
FINN, JAMES E. REGAN, ATTORNEYS FOR PLAINTIFF
NEILSON P.C. ANGELA T. OCHOA ATTORNEYS FOR DEFENDANTS
STIPULATION AND ORDER TO STAY CASE
to Local Rule 7-1, the parties, Plaintiff Temsa Ulasim
Araclari Sanayi Ve Ticaret A.S (“Temsa”) and
Defendants TC Nevada, LLC (“TC Nevada”), Michael
Haggerty, John P. Haggerty and Olga P. Haggerty (collectively
“Defendants”) stipulate and agree to stay
discovery in this instant matter, pending the outcome of a
prior-pending arbitration between non-party CH Bus Sales, LLC
(“CH Bus”) and Plaintiff Temsa. In support of
their request, the parties state the following:
one of four legal actions between and among Plaintiff Temsa
on one hand, and Defendants TC Nevada, Michael Haggerty, John
Haggerty and Olga Haggerty, and/or non-parties CH Bus and CH
Bus Holdings, LLC on the other.
is a motorcoach manufacturer and for years CH Bus was
Temsa's distributor in the United States. On March 20,
2018, Temsa terminated CH Bus's distributorship. On March
22, 2018, in accordance with the Distribution Agreement
between Temsa and CH Bus, Temsa filed a Demand for
Arbitration commencing the Arbitration bearing AAA Case No.
01-18-0001-2496 (the “New York Arbitration”). CH
Bus has asserted counterclaims in the New York Arbitration.
The New York Arbitration hearings were scheduled to commence
in January, 2020 and are now scheduled to commence on
February 3, 2020 in New York.
on April 9, 2018, Temsa commenced an action against CH Bus in
Delaware Chancery Court in accordance with the separate
Security Agreement between Temsa and CH Bus. This matter was
ultimately removed to the Federal District Court for the
District of Delaware, where it bore docket No.
1:18-cv-00698-RGA (the “Delaware Matter”). This
matter was resolved in Temsa's favor by a Stipulated
Judgment entered as an order of the Court on August 21, 2019.
commencing the Arbitration and the Delaware Matter and
conducting initial discovery, Temsa became aware of the facts
underlying the allegations in the instant matter and
commenced this matter which names as Defendants an entity and
individuals who are closely connected to CH Bus and/or have a
familial relationship. In the instant action, Temsa alleges
that TC Nevada improperly possessed certain Temsa
Motorcoaches and seeks damages based thereon. This instant
action and the New York Arbitration are closely connected, as
the claims and defenses contained therein are based on a
common set of facts. The parties have conferred and believe
with the Delaware Matter now concluded, there is a likelihood
that a Decision in the New York Arbitration may directly
impact, and potentially limit, the matters to be decided by
this Court such that a continuance will serve to preserve
deciding whether to grant a stay of discovery, the [c]ourt is
guided by the objectives of Rule 1 to ensure a just, speedy,
and inexpensive determination of every action.” Kor
Media Group LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013)
(internal quotations omitted).
case, the parties contend that they have been pursuing
discovery in good faith, but that the landscape of this
instant matter has changed with the addition and resolution
of other cases. In some respects, the case against Defendants
may be derivative of - and at a minimum impacted by -
decisions and determinations regarding the relationship
between Temsa and CH Bus in the Decision in the New York
ensure the parties make the most out of their deposition
time, they have discussed scheduling of the same, and have
thus far only conducted written discovery. Due to the
ever-changing landscape, the parties believe it is in the
best interest of justice and will facilitate less expensive
discovery - and preserve judicial resources - to stay this
matter pending the resolution of the New York Arbitration.
the parties respectfully request that a stay be entered in
this case, pending the outcome of the New York Arbitration.
The parties further agree that they will submit a Status
Report to the ...