Ruth v. Mona et al

Filing 56

ORDER. IT IS ORDERED that a status hearing is scheduled for 10:00 AM, 12/2/2019, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 8/2/2019. (Copies have been distributed pursuant to the NEF - JQC)

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Matthew L. Sharp, Esq.
Nevada Bar No. 4746
MATTHEW L. SHARP. LTD.
432 Ridge Street
Reno, Nevada 89501
Phone: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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[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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Plaintiffs,

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

SCHEDULE FOLLOWING
EXPIRATION OF STAY

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v.

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

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Defendants,

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and

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CANNAVEST CORP.,

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Nominal Defendant.

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Plaintiffs Michael Ruth and Otilda Lamont (“Plaintiffs”) and defendants

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Michael Mona, Jr., Bart P. Mackay, Larry Raskin, and CV Sciences, Inc.,

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formerly known as CannaVest Corp. (“Defendants”) jointly state:

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Plaintiffs filed their Second Amended Shareholder Derivative Complaint
(the “Complaint”) against Defendants on May 30, 2018. (Dkt. 51).

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This action, and the allegations in the Complaint, involve largely the same

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facts and issues alleged in the related action styled as In re: CannaVest Corp.,

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Securities Litigation” under Case No. 14-cv-2900, filed in the United States

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District Court for the Southern District of New York (“New York Federal

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Securities Action”).

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This court entered an Order on July 17, 2018, imposing a stay of the action

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and discovery pursuant to stipulation, until the earlier of (i) the close of fact

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discovery in the New York Federal Securities Action, or (ii) the deadline for

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appealing a dismissal of the New York Federal Securities Action with prejudice.

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(“Stay Order”; Dkt. 54). Under the terms of the Stay Order, Defendants did not

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need to respond to the Complaint.

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On March 31, 2019, the United States District Court for the Southern

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District of New York entered an order, denying in part and granting in part, the

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motion to dismiss the New York Federal Securities Action.

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On June 28, 2019, the plaintiffs in the New York Federal Securities Action
filed a Stipulation of Dismissal with Prejudice.

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On July 2, 2019, the United States District Court for the Southern District

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of New York entered an order dismissing, with prejudice, the New York Federal

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Securities Action (“Dismissal Order”). The court entered the Dismissal Order

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pursuant to a stipulation under Federal Rule 41(a), with each party bearing their

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own costs and fees.

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Pursuant to the Stay Order, the parties in this action “Within thirty (30)

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days of the expiration of the stay,” must “jointly submit to the Court a proposed

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schedule for further proceedings in this action.” (Dkt. 54, p. 4). Accordingly, the

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parties propose a schedule of events follows:

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1. Defendants’ deadline to file and serve a response to the Complaint:
September 6, 2019;
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2. Plaintiffs’ deadline to file and serve any opposition to any motion filed

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in response to the Complaint: 45 days after the filing of such motion;

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3. Defendants’ deadline to file and serve any reply to Plaintiffs’ opposition:

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21 days after the filing of such opposition.

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The parties propose that additional case management dates be set upon

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resolution of any motion filed in response to the Complaint.

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Dated: August 1, 2019

Dated: August 1, 2019

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MATTHEW L. SHARP, LTD.

PROCOPIO, CORY,
HARGREAVES & SAVITCH, LLP

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

/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
Thomas J. McKenna (Admitted
pro hac vice)
GAINEY McKENNA &
EGLESTON
440 Park Ave. South, 5th Floor
New York, New York 10016
Phone: [phone]
Fax: [phone]
[e-mail]
Counsel for Plaintiffs

and
William R. Urga
Nevada Bar No. 1195
JOLLEY URGA WOODBURY
HOLTHUS & ROSE
330 S. Rampart Blvd., Suite 380
Las Vegas, Nevada 89145
IT IS HEREBY
Telephone: [phone]
Facsimile: 702.699.7555 ORDERED that a status
hearing is scheduled for
[e-mail]
10:00 AM, December 2,
2019,
Counsel for Defendants Michael in Courtroom 3D.
Mona, Jr., Bart P. Mackay, Larry
Raskin, and CannaVEST Corp.
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August 2, 2019