UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

Case No. 20-cv-22471-DPG 

NORTH AMERICAN SUGAR INDUSTRIES INC., 

Plaintiff, 

v. 

XINJIANG GOLDWIND SCIENCE & TECHNOLOGY 

CO., LTD., GOLDWIND INTERNATIONAL 

HOLDINGS (HK) LTD., DSV AIR & SEA INC., 

BBC CHARTERING USA, LLC, and 

BBC CHARTERING SINGAPORE PTE LTD., 

Defendants. 

PLAINTIFF’S MOTION TO STAY BRIEFING SCHEDULE FOR DEFENDANTS’ 

RULE 12(b)(2) MOTIONS TO DISMISS 

Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 7.1, plaintiff North 

American Sugar Industries Inc. (“American Sugar”) respectfully moves to stay the briefing 

schedule for the motions to dismiss the complaint pursuant to Federal Rule of Civil Procedure 

12(b)(2) filed by defendants BBC Chartering USA, LLC, BBC Chartering Singapore PTE Ltd., 

DSV Air & Sea Inc., and Goldwind International Holdings (HK) Ltd. (collectively, 

“Defendants”)1 (the “Rule 12(b)(2) Motions to Dismiss”), Dkt. Nos. 48, 52-53, pending the 

Court’s disposition of American Sugar’s motion for leave to conduct jurisdictional discovery, 

which was filed earlier today (“Jurisdictional Discovery Motion”), Dkt. No. 59. In support of the 

instant motion, American Sugar states as follows: 

1. American Sugar filed its complaint in this action on June 15, 2020. Dkt. No. 1. 

 

1

 For purposes of this motion, the term “Defendants” does not include defendant Xinjiang 

Goldwind Science & Technology Co., Ltd., which has not yet filed a response to the complaint. 

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2. On August 31, 2020, Defendants filed their Rule 12(b)(2) Motions to Dismiss, 

Dkt. Nos. 48, 52-53, and a joint motion to dismiss the complaint pursuant to Federal Rules of 

Civil Procedure 12(b)(1) and 12(b)(6) (the “Joint Motion to Dismiss”), Dkt. No. 54. On 

September 8, 2020, the Court granted American Sugar’s unopposed motion to extend its deadline 

to respond to the Joint Motion to Dismiss, and to consider and respond as appropriate to the Rule 

12(b)(2) Motions to Dismiss, to October 14, 2020. See Dkt. Nos. 56, 58. 

3. On September 29, 2020, American Sugar filed the Jurisdictional Discovery 

Motion. Dkt. No. 59. Pursuant to Local Rule 7.1(c), and absent any Court-ordered extensions, 

Defendants must file any opposition to the Jurisdictional Discovery Motion by October 13, 2020, 

and American Sugar must in turn file its reply brief seven (7) days after an opposition is filed—

potentially by October 20, 2020, six (6) days after American Sugar’s current deadline to file its 

response to the Rule 12(b)(2) Motions to Dismiss. 

4. American Sugar recognizes that, once the Jurisdictional Discovery Motion is fully 

briefed, the Court will need time to consider the parties’ motion papers before issuing a ruling. 

In the interests of efficiency and judicial economy, American Sugar respectfully requests that the 

briefing schedule for Defendants’ Rule 12(b)(2) Motions to Dismiss be stayed while the 

Jurisdictional Discovery Motion is pending. By granting the stay, the Court and the parties will 

avoid a scenario in which American Sugar’s opposition to the Rule 12(b)(2) Motions to Dismiss, 

and any replies to that opposition, need to be revised or supplemented to account for a later-intime decision by the Court on the Jurisdictional Discovery Motion. 

5. The requested stay of briefing schedule is made in good faith, not for purposes of 

delay, and will not prejudice any party or the Court. American Sugar, however, will be 

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prejudiced if such relief is not granted because the Jurisdictional Discovery Motion may not be 

resolved before American Sugar’s deadline to respond to the Rule 12(b)(2) Motions to Dismiss. 

WHEREFORE, for good cause having been shown, American Sugar respectfully requests 

that the Court enter the Proposed Order, attached hereto as Exhibit 1, staying the briefing 

schedule for Defendants’ Rule 12(b)(2) Motions to Dismiss pending the Court’s resolution of 

American Sugar’s Jurisdictional Discovery Motion. 

LOCAL RULE 7.1(a)(3) CERTIFICATION 

Pursuant to Local Rule 7.1(a)(3), the undersigned counsel hereby certifies that he 

conferred with counsel for Defendants, which oppose the relief requested in this motion. Despite 

a good faith effort to resolve this dispute, the parties were unable to do so. 

Dated: September 29, 2020 Respectfully submitted, 

Miguel A. Estrada (pro hac vice) 

Audi K. Syarief (pro hac vice) 

GIBSON, DUNN & CRUTCHER LLP 

1050 Connecticut Avenue, NW 

Washington, DC 20036-5306 

Telephone: (202) 955-8257 

Facsimile: (202) 530-9616 

mestrada@gibsondunn.com 

asyarief@gibsondunn.com 

Andrea E. Neuman (pro hac vice) 

Rahim Moloo (pro hac vice) 

Casey Kyung-Se Lee (pro hac vice) 

GIBSON, DUNN & CRUTCHER LLP 

200 Park Avenue, 47th Floor 

New York, NY 10166-0193 

Telephone: (212) 351-3883 

Facsimile: (212) 351-5303 

aneuman@gibsondunn.com 

rmoloo@gibsondunn.com 

clee@gibsondunn.com 

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David S. Mandel 

David S. Mandel 

FBN 38040 

MANDEL & MANDEL LLP 

169 East Flagler Street, Suite 1224 

Miami, FL 33131 

Telephone: (305) 374-7771 

dsm@mandel.law 

Counsel for Plaintiff North American Sugar 

Industries Inc.

CERTIFICATE OF SERVICE 

I hereby certify that, on September 29, 2020, the foregoing document was electronically 

filed with the Clerk of Court using the CM/ECF system, which will send notification of such 

filing to all counsel of record. 

David S. Mandel 

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