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Njames
Thanks for your views on those documents & what was included in them.
Did not properly read through the court docs that Earbern kindly posted.
So on what Njames has said then it would make alot of sense for SN & Outridet (Hope).to try their best to give ZM a very good kick in via the courts.
In Njames 19.30 post he mentions that it is said SN & Hope have said to complete settlement talks, if that is right they might be close to an agreement. Once that is sorted then they can properly concentrate on ZM, if needed.
Even though I had started to believe that their might not be an assett that would be big enough that could include us, but now Hope & SN seem to be well on their way to a settlement, also latest message from Frr that has, just about changed.
So let's hope they can come to an agreement then there is, just ZM to deal with.
On above two working in our favour then working out a way through GG should be easier.
Agree, Starrage, but maybe they need each other so a compromise is possible. Outrider needs the company’s connections and influence in the USA and Georgia, and the company needs Outrider to negotiate a settlement of the debt, perhaps for equity.
Looks like "Movants" is defined as SN plus Outrider. So they are jointly petitioning the court for the scheduling change and say they need adequate time to complete settlement talks. Wouldn't that be an unexpected turn of events. Company and Outrider settle and jointly go after ZM, who appears to have outfoxed them all and grabbed the asset via Green Capital (allegedly).
5. Movants desire this continuance in order to have the opportunity to fully explore possible settlement of this action. Moreover, in the interests of judicial efficiency, Movants wish to coordinate their discovery and general litigation efforts with their efforts in a related case currently pending in the Northern District of California, San Francisco Division (Case No. 3:19- cv-01996-RS). Movants therefore also request this continuance for additional time to coordinate discovery efforts in the two matters and to avoid unnecessary duplication of work. Movants therefore seek an extension of the pre-trial deadlines and a new trial date to provide the parties with adequate time to complete their settlement talks and to coordinate and complete discovery between the related proceedings.
6. In light of the above, Movants jointly request that the current Scheduling Order be modified to extend certain deadlines, as follows: Scheduling Order Item Current Deadline Proposed Deadline Plaintiff’s Deadline to Designate Experts and Expert Report Due July 16, 2021 October 1, 2021 Defendants’ Deadline to Designate Experts and Expert Report Due August 13, 2021 October 29, 2021 Discovery Deadline August 27, 2021 November 19, 2021
Deadline to file Dispositive and Daubert Motions November 19, 2021 February 18, 2022 Deadline to file Non-Dispositive Motions February 4, 2022 May 4, 2022 Joint Pretrial Order March 4, 2022 June 3, 2022 Final Pretrial Conference March 21, 2022 June 20, 2022 Bench Trial (3 days) March 28, 2022 June 27, 2022 WHEREFORE, PREMISES CONSIDERED, Plaintiff Outrider Master Fund, LP and Defendant Steve C. Nicandros respectfully request that the Court grant this Motion to Amend Docket Control Order based on the requested schedule presented herein.
End of Doc.48.
There are also joint statement from both sides in Texas saying that ZM is still incommunicado (though his latest known address is given to the court, where details of this motion have been sent).
Finally, Doc. 89 is the signed approval by the judge for the above motion to be proceeded with.
There is also a doc 48-1 in California for the judge to sign approval. It hasn't been signed yet, though I'd be very, very surprised if it wasn't done pretty soon.
Page 1 of 2.
First of all, this Texas case is the one where SH/O were trying to take FRR shares from SN and ZM's personal holdings.
In both cases, these docs are to move the schedules of the respective court cases back by about 3 months.
The actual trial in Texas is now set for 27/06/22, and in California 16/05/22. The documents are very similar to those where the preceding schedules were requested.
The documents are pretty much identical for both courts - often word for word.
For those interested, there follows Doc. 48 for Texas - sorry if it appears cramped - that's how it copied. NB - 'Movants' =
SN & ZM (though, in this doc., it obviously only refers to SN)
Plaintiff Outrider Master Fund, LP (“Plaintiff”) and Defendant Steve C. Nicandros (“Nicandros”) (collectively “Movants”), by and through their respective counsel, file the foregoing Motion to Amend Scheduling Order (the “Motion”), and in support thereof show as follows: 1. On March 2, 2020, Plaintiff and Defendants Nicandros and Zaza Mamulaishvili (collectively “Defendants”) filed a Joint Discovery/Case Management Plan Under Rule 26(f) of the Federal Rules of Civil Procedure outlining proposed dates on which they anticipated discovery and other matters could be completed. [Dkt. 28]. An Initial Conference in this case was subsequently set to occur on March 16, 2020, but was cancelled by the Court on March 12, 2020. [Dkt. 36]. The Initial Conference was rescheduled to occur on May 14, 2020, but was also canceled amid the ongoing coronavirus pandemic. On April 17, 2020, the Court entered a Scheduling Order and Trial Settings on the docket. 2. On January 8, 2021, Plaintiff and Defendant Nicandros filed a Motion to Amend Scheduling Order. [Dkt. 46] That motion was granted on February 11, 2021 [Dkt 47], setting the deadlines in this case as outlined below.
3. Prior to and since the Court entered its February 11 Order, Movants have continued to diligently work to advance the proceeding. Plaintiff has served discovery requests on the Defendants and Defendant Nicandros has served discovery requests on Plaintiff and related non-parties. Movants have also discussed the potential for amicable resolutions, and those discussions continue.
4. However, circumstances surrounding the parties’ business operations have delayed efforts to fully discuss settlement and have culminated in the filing of this Motion.
To be continued.