Werbe
2月前
I missed this from the Judge on Monday. He is giving them one final timeline of 6-5-26 for them to file a dismissal or settlement. Judge is tired of the run around and I dont blame him. If they do not file by that date, he will dismiss himself and hit them with monetary sanctions.
The court has repeatedly ordered the parties to file a proposed joint pretrial order. Pursuant to the eighth amended scheduling order, the parties were required to file a proposed joint pretrial order by November 28, 2025. ECF No. 85. They did not, so I ordered them to do so by March 3, 2026. ECF No. 88. On the day it was due, plaintiff Frank Underhill Jr. moved to extend the time to file the proposed joint pretrial order. ECF No. 91. In that motion, Underhill represented that the parties reached a settlement that would resolve all claims but, “in an abundance of caution,” he requested an additional ten days. Id. I granted that request and extended the deadline to March 13, 2026. ECF No. 92. In the alternative, I ordered that if the parties must file either a stipulation of dismissal or a joint status report addressing settlement by that same date. Id. The parties failed to comply with either directive. On March 24, 2026, I again ordered the parties to file a proposed joint pretrial order by April 6, 2026. ECF No. 93. Despite these orders and extensions, the parties again failed to comply. They also failed to file a joint status report addressing the status of the purported settlement or to dismiss the case. On April 8, 2026, Underhill filed a motion seeking a four-day extension of time to file the joint pretrial order. ECF No. 94. Then, on April 10, 2026, Underhill filed a proposed pretrial order. ECF No. 95.
First and foremost, it appears that defendant Nelson Grist did not participate in the preparation of the proposed order, so it is not a joint order as required by Local Rule 16-3(b). Underhill’s proposed order fails to indicate whether he invited the defendant to assist in its
preparation. Thus, I reject it. Further, in the proposed order, Underhill again represents that the parties have reached a settlement in principle and requests sixty days to finalize the settlement before filing a stipulation of dismissal. ECF No. 95 at 3. In light of this continued representation, I will grant one final extension of time. However, failure to comply with the court’s order will result in the imposition of sanctions, up to and including monetary sanctions and the dismissal of this case.1
Conclusion
It is hereby ordered that Underhill’s proposed pretrial order [ECF No. 95] is REJECTED, and his second motion to extend time [ECF No. 94] is DENIED as moot. It is further ordered that the parties must file either a stipulation of dismissal or a joint status report addressing settlement by June 5, 2026. Failure to timely comply will result in the imposition of sanctions, up to and including monetary sanctions and the dismissal of this case
Werbe
2月前
Filed today for an extension for 4 more days to 4-10-25. Hopefully Grist puts this into play afterwards. Im thinking this one will be a banger if they bring it back.
This Court's Order of March 24, 2026 directed the parties to file a Proposed Joint Pretrial
Order consistent with Local Rules 16-3 and 16-4 by April 6, 2026. Plaintiff's counsel
inadvertently recorded the deadline as April 10, 2026 due to a calendaring error, and simultaneously suffered a significant flare-up of a chronic back condition arising from a prior fall, which further impaired counsel's ability to meet the April 6 deadline.
The requested extension is brief — only four days from the original deadline. The parties
have reached a settlement and are actively working to finalize the written settlement agreement. The settlement involves the change of control and thus is complex and is taking more time to finalize the documents than originally thought. There is no prejudice to any party from this brief extension, and good cause exists for the relief requested
The parties have reached a settlement in principle, but it involves a change of control
whose details are taking longer than anticipated to work out. I am actively working to finalize the
written settlement agreement and ancillary documents. A stipulation of dismissal is anticipated within ninety days.
Werbe
3月前
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Frank Underhill, Jr.,
Plaintiff
v.
Nelson Grist, et al.,
Defendants
Case No. 2:21-cv-01287-CDS-DJA
Order Directing Parties to File a Proposed Joint Pretrial Order
On March 5, 2026, I granted plaintiff Frank Underhill Jr.’s motion to extend time to file a
proposed joint pretrial order. ECF No. 92. That order extended the deadline to March 13, 2026.
Id. In the alternative, I ordered the parties to file either a stipulation of dismissal or a joint status
report addressing settlement by that same date.Id. Now, more than a week after the deadline,
the parties have failed to do either.
It is therefore ordered that the parties must prepare and file a proposed joint pretrial
order consistent with Local Rules 16-3 and 16-4 by April 6, 2026. Failure to do so may result in
sanctions.
Dated: March 24, 2026
Werbe
3月前
Plaintiff Frank Underhill, Jr., moves to extend the March 3, 2026 deadline to file a
proposed joint pretrial order. ECF No. 91. Underhill represents that the parties may have
reached settlement that would resolve all claims. Id. Based on these representations, I find good
cause to grant the request. The deadline to file a proposed joint pretrial order is extended to
March 13, 2026, nunc pro tunc. If the parties finalize the settlement, they must file either a
stipulation of dismissal or a joint status report addressing settlement by that same date.
Werbe
3月前
Plaintiff Frank Underhill, Jr. (“Plaintiff”), through his counsel, the Law Office of Byron
Thomas, files this Motion to Extend the Deadline to File a Proposed Joint Pretrial Order (the
“Motion”). The Court set March 3, 2026 as the deadline to file a Proposed Joint Pretrial Order. The
Plaintiff believes that the parties have reached settlement and are circulating the final draft of the
settlement agreement that would resolve all claims as to all parties. Plaintiff believes that the
documents will be signed this week but in an abundance of caution he requests 10 additional days.
DATED this 3rd day of March 2026.
Werbe
2年前
You know Grist, get your $hit together and do what you signed up 4. Coming weeks, this was said 70 days ago, or 10 weeks if that is your preference. Expert market coming in 20 days now.
“While all of this will take some time to render results, I plan to work fast and am steadfast in my belief in the opportunity before us. It is why I accepted this role. That said, I further understand that there is a depth of legacy to Black Bird that I am only scratching the surface of. Many of our long-term investors and followers will be very interested in the progress we are making and the steps we will take to rebuild this organization, rightly so. My commitment to those current shareholders, and future ones, is that I will work to be as transparent as possible moving forward. I plan to make public announcements of our progress whenever possible, host firesides and webinars with the investment community in order to address their questions and put this company on a path towards becoming a fully reporting entity, to increase the opportunity of investment beyond its current structure. While I am still working to gather together all of the existing digital and communications assets of Black Bird, as an illustration to this commitment, we have set up an investor email address where we encourage existing and new shareholders to reach out as myself and my team begin building our relationship. We anticipate a large influx of communications, so we ask that you bear with us in the timing of responses but will adhere to our goal of communicating with each of you as we work together towards our mutual goal of success. Additionally, I plan on scheduling an investor webinar in the coming weeks where I will outline my strategic vision moving forward and address questions from our shareholders.