Ruth v. Mona et al

Filing 40

ORDER re 39 Status Report. Status Report due by 6/1/2017. Signed by Magistrate Judge Cam Ferenbach on 3/2/17. (Copies have been distributed pursuant to the NEF - MMM)

1 MATTHEW L. SHARP, LTD.

Matthew L. Sharp.
432 Ridge Street
3 Reno, Nevada 89501
Phone: [phone]
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Email: [e-mail]
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Attorneys for Plaintiff
[Additional Counsel Listed Below]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL RUTH, and OTILDA
LAMONT, Derivatively on Behalf of
CANNAVEST CORP.,

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Case No.: 15-00481-RFB-VCF

Plaintiffs,

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v.

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MICHAEL MONA, JR., BART P.
MACKAY, and LARRY RASKIN,

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Defendants,
and

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CANNAVEST CORP.,
Nominal Defendant.

FURTHER JOINT STATUS
REPORT TO MAGISTRATE
JUDGE CAM FERENBACH

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WHEREAS, by Order dated January 11, 2016, (D.E. 34), Judge Boulware

2 ordered that the current action shall continue to be stayed pending a resolution of the
3 motion to dismiss in the related action styled as In re: CannaVest Corp., Securities
4 Litigation” under case no. 14-cv-2900 (hereafter, the “New York Federal Securities
5 Action”);
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WHEREAS, Judge Boulware, also on January 11, 2016, ordered the parties to

7 submit a written Status Report to Magistrate Cam Ferenbach as to the status of the
8 motion to dismiss in the New York Federal Securities Action on or before March 31,
9 2016;
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WHEREAS, in the New York Federal Securities Action the lead plaintiff filed a

11 consolidated complaint on September 14, 2015, and Defendants responded with a
12 motion to dismiss on December 11, 2015;
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WHEREAS, the lead plaintiff in the New York Federal Securities Action served

14 its Opposition to Defendants’ Motion to Dismiss on March 21, 2016;
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WHEREAS, the Court in the New York Federal Securities Action uses the

16 “bundling” method of having a motion presented to it only after all the papers have been
17 served;
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WHEREAS, the Defendants’ motion to dismiss the New York Federal Securities

19 Action has been fully briefed, with all papers having been docketed on September 30,
20 2016;
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WHEREAS, the Defendants’ motion to dismiss the New York Federal Securities

22 Action is currently under submission with the Southern District of New York;
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WHEREAS, the Southern District of New York has not set or requested a hearing

24 on the Defendants’ motion to dismiss the New York Federal Securities Action, and
25 presently the parties expect that court to issue an opinion based solely on the papers,
26 unless the parties are advised otherwise;
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WHEREAS, there are no motions presently pending before this Court;

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WHEREAS, the parties have met and conferred, and therefore:

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ACCORDINGLY, the parties respectfully submit:

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1. that the instant action should continue to be stayed under the same terms as

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set forth in the parties’ Stipulation dated January 5, 2016 (D.E. 33), which was

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“so-ordered” by Judge Boulware on January 11, 2016 (D.E. 34);

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2. That the parties provide a further status report to Magistrate Judge Cam

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Ferenbach on or before June 1, 2017 as to the status of the pending motion to

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dismiss in the New York Federal Securities Action; and

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3. That as set forth in this Court’s Order dated January 11, 2016 (D.E. 34), if the

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motion to dismiss in the New York Federal Securities Action is resolved

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before June 1, 2017, then the parties shall, within thirty (30) days after the

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resolution of the motion to dismiss in the New York Federal Securities Action,

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or an earlier lifting of the stay of the instant case, propose a Joint Discovery

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Plan for this Court’s approval.

14 Dated: March 1, 2017
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MATTHEW L. SHARP, LTD.

PROCOPIO, CORY,
HARGREAVES & SAVITCH, LLP

By: s/Matthew L. Sharp
Matthew L. Sharp
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432 Ridge Street
Reno, NV 89501
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Phone: [phone]
Email: [e-mail]
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By: s/ Todd Neal
S. Todd Neal (Admitted Pro Hac
Vice)
Sean M. Sullivan (Admitted Pro
Hac Vice)
525 B. Street, Suite 2200
San Diego, CA 92101
[e-mail]
[e-mail]

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and

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William R. Urga (Nev. Bar 1195)
3800 Howard Hughes Parkway
Wells Fargo Tower, Sixteenth
Floor

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3-2-2017

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Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: 702.699.7555
E-mail: [e-mail]

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And
GAINEY McKENNA &
EGLESTON
Thomas J. McKenna
Gregory M. Egleston
440 Park Avenue South, 5th Floor
New York, New York 10016
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

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Counsel for Plaintiffs

Counsel for Defendants
Michael Mona, Jr., Bart P.
Mackay, Larry Raskin, and
CannaVEST Corp.

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CERTIFICATE OF SERVICE

2 Pursuant to Federal Rules of Civil Procedure 5 (b), I hereby certify that I am an
3 employee of Procopio, Cory, Hargreaves & Savitch, LLP and that on this 1st day of
4 December, 2016, I caused the document entitled “FURTHER JOINT STATUS
5 REPORT TO MAGISTRATE JUDGE CAM FERENBACH” to be served on the
6 parties in this action via the Court’s CM/ECF System.
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By: s/ Natalie N. Freitas____________

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An Employee of PROCOPIO, CORY,
HARGREAVES & SAVITCH, LLP

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