Leaphigh Animals LLC

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CourtsD. Nevada

TypeOperating Company

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Entered	Case	Description
02/28/24	Peritas Brands LLC v. Leaphigh Animals LLC 2:23-CV-00483 ( D. NV )	MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 2/28/2024. Re: 62 Motion to Stay Discovery and 84 Motion to Extend Time. The Honorable District Judge Gloria M. Navarro has issued a ruling on Defendant's second and third motions to dismiss, ordered additional briefing on Defendant's first motion to dismiss, and ordered the parties to file an amended Joint Claim Construction and Prehearing Statement. (ECF No. 86 ). Given this order's impact on the pending motion to stay discovery (ECF No. 62 ) and motion to extend time (ECF No. 84 ), the Court denies both motions as outlined below. Defendant's pending motion to stay (ECF No. 62 ) seeks a discovery stay pending a ruling on all three of Defendant's motions to dismiss. However, Judge Navarro has now ruled on two of those motions and ordered additional briefing on the other. The Court thus DENIES the motion to stay without prejudice and VACATES the hearing set for March 12, 2024 at 10:00 AM. Defendant's pending motion to extend time seeks additional time to respond to Plaintiff's Opening Claim Construction Brief. (ECF No. 84 ). However, now that the parties will be filing an amended Joint Claim Construction and Prehearing Statement, the Court denies Defendant's motion to extend as MOOT. (no image attached) (Copies have been distributed pursuant to the NEF - KL) (Entered: 02/28/2024) MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 2/28/2024. Re: 62 Motion to Stay Discovery and 84 Motion to Extend Time. The Honorable District Judge Gloria M. Navarro has issued a ruling on Defendant's second and third motions to dismiss, ordered additional briefing on Defendant's first motion to dismiss, and ordered the parties to file an amended Joint Claim Construction and Prehearing Statement. (ECF No. 86 ). Given this order's impact on the pending motion to stay discovery (ECF No. 62 ) and motion to extend time (ECF No. 84 ), the Court denies both motions as outlined below. Defendant's pending motion to stay (ECF No. 62 ) seeks a discovery stay pending a ruling on all three of Defendant's motions to dismiss. However, Judge Navarro has now ruled on two of those motions and ordered additional briefing on the other. The Court thus DENIES the motion to stay without prejudice and VACATES the hearing set for March 12, 2024 at 10:00 AM. Defendant's pending motion to extend time seeks additional time to respond to Plaintiff's Opening Claim Construction Brief. (ECF No. 84 ). However, now that the parties will be filing an amended Joint Claim Construction and Prehearing Statement, the Court denies Defendant's motion to extend as MOOT. (no image attached) (Copies have been distributed pursuant to the NEF - KL) (Entered: 02/28/2024)
02/28/24	Peritas Brands LLC v. Leaphigh Animals LLC 2:23-CV-00483 ( D. NV )	ORDER. IT IS HEREBY ORDERED that Defendant's 55 Third Motion to Dismiss is GRANTED. IT IS FURTHER ORDERED that Plaintiff shall have 21 days from the date of this Order to file a complaint amending the federal patent claims. Failure to file an amended complaint by the required date will result in the Court dismissing Plaintiff's claims with prejudice.IT IS FURTHER ORDERED that Defendant's 41 Second Motion to Dismiss is DENIED as moot.IT IS FURTHER ORDERED that Plaintiff shall have 14 days from the date of this Order to file a Surreply to Defendant's 32 Reply to the first Motion to Dismiss to address Defendant's preemption argument.IT IS FURTHER ORDERED that the Markman Hearing scheduled for March 6, 2024, is VACATED and will be rescheduled when the parties provide an amended Joint Claim Construction and Prehearing Statement (LPR 1-15(f)).IT IS FURTHER ORDERED that Plaintiff's 37 Motion for Partial Summary Judgment is DENIED as moot.IT IS FURTHER ORDERED that Plaintiff's 72 Motion for Leave to File Document is DENIED as moot.Signed by Judge Gloria M. Navarro on 2/27/2024. (Copies have been distributed pursuant to the NEF - NEV) (Entered: 02/28/2024) ORDER. IT IS HEREBY ORDERED that Defendant's 55 Third Motion to Dismiss is GRANTED. IT IS FURTHER ORDERED that Plaintiff shall have 21 days from the date of this Order to file a complaint amending the federal patent claims. Failure to file an amended complaint by the required date will result in the Court dismissing Plaintiff's claims with prejudice.IT IS FURTHER ORDERED that Defendant's 41 Second Motion to Dismiss is DENIED as moot.IT IS FURTHER ORDERED that Plaintiff shall have 14 days from the date of this Order to file a Surreply to Defendant's 32 Reply to the first Motion to Dismiss to address Defendant's preemption argument.IT IS FURTHER ORDERED that the Markman Hearing scheduled for March 6, 2024, is VACATED and will be rescheduled when the parties provide an amended Joint Claim Construction and Prehearing Statement (LPR 1-15(f)).IT IS FURTHER ORDERED that Plaintiff's 37 Motion for Partial Summary Judgment is DENIED as moot.IT IS FURTHER ORDERED that Plaintiff's 72 Motion for Leave to File Document is DENIED as moot.Signed by Judge Gloria M. Navarro on 2/27/2024. (Copies have been distributed pursuant to the NEF - NEV) (Entered: 02/28/2024)
02/26/24	Peritas Brands LLC v. Leaphigh Animals LLC 2:23-CV-00483 ( D. NV )	MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 2/26/2024. Re: 68 Minute Order Setting Hearing. Due to a conflict with the Court's calendar, the hearing scheduled for February 27, 2024 is VACATED and RESET for March 12, 2024 at 10:00 AM in a courtroom to be determined. (no image attached) (Copies have been distributed pursuant to the NEF - TG) (Entered: 02/26/2024) MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 2/26/2024. Re: 68 Minute Order Setting Hearing. Due to a conflict with the Court's calendar, the hearing scheduled for February 27, 2024 is VACATED and RESET for March 12, 2024 at 10:00 AM in a courtroom to be determined. (no image attached) (Copies have been distributed pursuant to the NEF - TG) (Entered: 02/26/2024)
02/22/24	Peritas Brands LLC v. Leaphigh Animals LLC 2:23-CV-00483 ( D. NV )	MOTION to Extend Time (Third Request) Extend Time to File Claim Construction Brief re 76 Order on Stipulation,, by Defendant Leaphigh Animals, LLC. Responses due by 3/6/2024. (Attachments: # 1 Declaration F. Christopher Austin)(Austin, F.) (discovery) (Entered: 02/22/2024)
02/20/24	Peritas Brands LLC v. Leaphigh Animals LLC 2:23-CV-00483 ( D. NV )	MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 2/20/2024. Re: 68 Order Setting Hearing on Motion to Stay Discovery by Defendant Leaphigh Animals, LLC. In preparing for the hearing set for February 27, 2024, the Court notes that neither party has briefed the standard this Court uses to determine motions to stay discovery. That standard is outlined in Gibson v. MGM International, No. 2:23-cv-00140-MMD-DJA, 2023 WL 4455726 (D. Nev. July 11, 2023). That test considers: (1) whether the dispositive motion can be decided without further discovery; and (2) whether good cause exists to stay discovery. Id. at 3. Ultimately, guided by Fed. R. Civ. P. 1, the Court is trying to determine whether it is more just to speed the parties along in discovery and other proceedings while a dispositive motion is pending or whether it is more just to delay or limit discovery and other proceedings to accomplish the inexpensive determination of the case. Id. The Court will expect the parties to be prepared to discuss this standard at the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - KL) (Entered: 02/20/2024) MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 2/20/2024. Re: 68 Order Setting Hearing on Motion to Stay Discovery by Defendant Leaphigh Animals, LLC. In preparing for the hearing set for February 27, 2024, the Court notes that neither party has briefed the standard this Court uses to determine motions to stay discovery. That standard is outlined in Gibson v. MGM International, No. 2:23-cv-00140-MMD-DJA, 2023 WL 4455726 (D. Nev. July 11, 2023). That test considers: (1) whether the dispositive motion can be decided without further discovery; and (2) whether good cause exists to stay discovery. Id. at 3. Ultimately, guided by Fed. R. Civ. P. 1, the Court is trying to determine whether it is more just to speed the parties along in discovery and other proceedings while a dispositive motion is pending or whether it is more just to delay or limit discovery and other proceedings to accomplish the inexpensive determination of the case. Id. The Court will expect the parties to be prepared to discuss this standard at the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - KL) (Entered: 02/20/2024)
02/16/24	Peritas Brands LLC v. Leaphigh Animals LLC 2:23-CV-00483 ( D. NV )	REPLY to Response to 72 Motion for Leave to File Document/Excess Pages, by Plaintiff Peritas Brands, LLC. (Cassity, Robert) (Entered: 02/16/2024)
02/08/24	Peritas Brands LLC v. Leaphigh Animals LLC 2:23-CV-00483 ( D. NV )	ORDER granting 80 Stipulation to Extend Deadline for Plaintiff to File Reply to 72 Motion for Leave to File Second Amended Complaint. Replies due by 2/16/2024. Signed by Magistrate Judge Daniel J. Albregts on 2/8/2024. (Copies have been distributed pursuant to the NEF - CT) (Entered: 02/08/2024)
02/07/24	Peritas Brands LLC v. Leaphigh Animals LLC 2:23-CV-00483 ( D. NV )	STIPULATION FOR EXTENSION OF TIME (First Request) for Plaintiff to File Reply In Support of Motion for Leave to File Second Amended Complaint re 72 Motion for Leave to File Document/Excess Pages, by Plaintiff Peritas Brands, LLC. (Cassity, Robert) (extend) (nondispositive) (Entered: 02/07/2024)
02/02/24	Peritas Brands LLC v. Leaphigh Animals LLC 2:23-CV-00483 ( D. NV )	RESPONSE to 72 Motion for Leave to File Document/Excess Pages, by Defendant Leaphigh Animals, LLC. Replies due by 2/9/2024. (Austin, F.) (Entered: 02/02/2024)
02/01/24	Peritas Brands LLC v. Leaphigh Animals LLC 2:23-CV-00483 ( D. NV )	ORDER granting 77 Stipulation to Extend Time to Respond to 72 Motion for Leave to File Document/Excess Pages. Responses due by 2/2/2024. Signed by Magistrate Judge Daniel J. Albregts on 1/31/2024. (Copies have been distributed pursuant to the NEF - CAH) (Entered: 02/01/2024)