Ruth v. Mona et al

Filing 50

ORDER re: 49 Joint Status Report. Plaintiff's Second Amended Complaint should be filed on or before thirty (30) days from the date this Stipulation is so ordered by the Court. The Defendants thereafter shall have thirty (30) days to respond to Plaintiff's Second Amended Complaint. Signed by Magistrate Judge Cam Ferenbach on 4/30/2018. (Copies have been distributed pursuant to the NEF - MMM)

1 Matthew L. Sharp, Esq.

Nevada Bar No. 4746
MATTHEW L. SHARP, LTD.
3 432 Ridge Street
4 Reno, Nevada 89501
Phone: [phone]
5 [e-mail]
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6 Attorneys for Plaintiff
7 [Additional Counsel Listed Below]
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UNITED STATES DISTRICT COURT

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

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Plaintiffs,

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v.

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

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Case No.: 2:15-cv-00481-RFB-VCF

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FURTHER JOINT STATUS
REPORT TO MAGISTRATE
JUDGE CAM FERENBACH

Defendants,

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and
CANNAVEST CORP.,

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Nominal Defendant.

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

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

28 submit a written Status Report to Magistrate Cam Ferenbach as to the status of the
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1 motion to dismiss in the New York Federal Securities Action on or before March 31,
2 2016;
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WHEREAS, in the New York Federal Securities Action the lead plaintiff filed a

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

7 its Opposition to Defendants’ Motion to Dismiss on March 21, 2016;
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WHEREAS, the Defendants’ motion to dismiss the New York Federal Securities

9 Action was fully briefed, with all papers having been docketed on September 30, 2016;
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WHEREAS, on March 31, 2018, the Court in the Southern District of New York

11 issued its written opinion denying in part and granting in part the motion to dismiss;
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WHEREAS, the answer of the remaining defendants in the New York Federal

13 Securities Action is due on April 30, 2018;
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WHEREAS, an action was filed by the Securities and Exchange Commission

15 (“SEC”) on June 15, 2017 against CannaVest Corp. and Michael J. Mona, Jr., two
16 defendants in the instant action, in the United States District Court of Nevada, Civil
17 Action No. 2-17-cv-01681 (“SEC Action”);
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WHEREAS, the SEC Action has been settled in principal, pending the approval

19 of the proposed settlement terms by senior SEC officials;
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WHEREAS, there are no motions presently pending before this Court; and

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WHEREAS, the parties have met and conferred, and Plaintiff desires to further

22 amend her complaint to take cognizance of recent developments in the New York
23 Federal Securities Action and in the SEC Action:
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ACCORDINGLY, the parties respectfully submit:

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1. That Plaintiff’s Second Amended Complaint should be filed on or before thirty

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(30) days from the date this Stipulation is so ordered by the Court; and

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2. That the Defendants thereafter shall have thirty (30) days to respond to

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Plaintiff’s Second Amended Complaint.

3 Dated: April 30, 2018
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Dated: April 30, 2018

MATTHEW L. SHARP, LTD.

PROCOPIO, CORY,
HARGREAVES & SAVITCH, LLP

By: /s/ Matthew L. Sharp
Matthew L. Sharp
Nevada Bar No. 4746
432 Ridge Street
Reno, NV 89501
Phone: [phone]
[e-mail]

By: /s/ 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

and

GAINEY McKENNA &
EGLESTON
Thomas J. McKenna
Admitted Pro Hac Vice
440 Park Avenue South, 5th Floor
New York, NY 10016
Phone: [phone]
Fax: [phone]
[e-mail]

William R. Urga
Nevada Bar No. 1195
JOLLEY URGA WOODBURY
HOLTHUS & ROSE
330 S. Rampart Blvd., Suite 380
Las Vegas, Nevada 89145
Phone: [phone]
Fax: [phone]
[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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4-30-2018
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CERTIFICATE OF SERVICE
Pursuant to Federal Rules of Civil Procedure 5 (b), I hereby certify that I am an

3 employee of Matthew L. Sharp, Ltd. and that on this 30th day of April 2018, I caused the
4 foregoing FURTHER JOINT STATUS REPORT TO MAGISTRATE JUDGE CAM
5 FERENBACH to be served on the parties in this action via the Court’s CM/ECF System.
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/s/ Cristin B. Sharp
An employee of Matthew L. Sharp, Ltd.

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