Atlantic-Pacific Processing Systems, Inc. v. Dermaktive, LLC et al

Filing 111

ORDER Granting 110 Stipulation. The 106 Emergency Motion to Quash Subpoenas is Denied as moot and the hearing set for 11/16/2017 is vacated. Signed by Magistrate Judge Peggy A. Leen on 11/14/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-00739-JAD-PAL Document 110 Filed 11/08/17 Page 1 of 7

Joseph Kistler
NV State Bar No. 3458
[e-mail]
Todd W. Prall
NV State Bar No. 9154
[e-mail]
HUTCHISON & STEFFEN, LLC
Peccole Professional Park
10080 Alta Drive, Suite 200
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
Dirk 0. Julander
CA State Bar No. 132313
[e-mail]
JULANDER, BROWN & BOLLARD
9110 Irvine Center Drive
Irvine, California 92618
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff, Atlantic-Pacific
Processing Systems, Inc.

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ATLANTIC-PACIFIC PROCESSING SYSTEMS,
INC., a California corporation,
Plaintiff,
vs.
DERMAKTIVE, LLC, a Florida limited liability
company; JORDAN DUFNER, a Connecticut
resident; ADAM WELLINGTON, a Connecticut
resident; JOE HELEWA, a New York resident;
UPSURGE, LLC, a Delaware limited liability
company; UPSURGE MEDIA GROUP, LLC, a
Delaware limited liability company; WIDO, LLC,
a Delaware limited liability company; DENIS
BETSI, an Ontario, Canada resident; Tl
PAYMENTS, LLC, a Nevada limited
liability company; and DONALD KASDON, a
Nevada resident,

Case No. 2:16-CV-00739-JAD-(PAL)
Assigned to: Judge Jennifer A. Dorsey &
Magistrate Judge Peggy A. Leen

STIPULATION AND [PROPOSED]
ORDER RE: EMERGENCY MOTION RE:
KASDON AND FAIRCHILD SUBPOENAS

Defendants
2: 16-CV-00739-JAD-(PAL)
STIPULATION RE: EMERGENCY MOTION RE: KASDON/FAIRCHILD SUBPOENAS

Case 2:16-cv-00739-JAD-PAL Document 110 Filed 11/08/17 Page 2 of 7

1 DERMAKTIVE, LLC, a Florida limited liability
company; and JORDAN DUFNER, a Connecticut

2 resident,
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Counter-Plaintiffs
vs.
ATLANTIC-PACIFIC PROCESSING SYSTEMS,
INC., a California corporation,
Counter-Defendants

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Non-party AMBER FAIRCHILD and DONALD KASDON (collectively the

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"Deponents"), on the one hand, and Plaintiff ATLANTIC-PACIFIC PROCESSING

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SYSTEMS, INC. ("APPS"), on the other hand, by and through their respective counsel,

;; 12 hereby agree to the following recitals and submit the following Stipulation and Order in

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,_ 13 resolution of the Non-Party Amber Fairchild and Donald Kasdon's Emergency Motion to

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~ 14 Quash Deposition Subpoenas (Dkt. No. 106) (the "Emergency Motion").
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RECITALS

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WHEREAS, on May 5, 2017, counsel for APPS issued Deposition Subpoenas for

17 the Deponents to take place on June 27, 2017 and June 28, 2017 in Las Vegas, Nevada,
18 where the deponents resided;

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WHEREAS, on June 1, 201 7, counsel for the Deponents, Michael Cristalli,
contacted APPS' s counsel requesting that the deposition dates be continued;

WHEREAS, on July 7, 2017, Michael Cristalli expressly agreed in open court to

22 accept service of the Deposition Subpoenas on behalf of the Deponents (Dkt. No. 78);

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WHEREAS, Mr. Cristalli requested that the depositions of the Deponents take

24 place in October 201 7 in Las Vegas to accommodate the Deponents' anticipated move to
25 Florida in August;

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WHEREAS, APPS agreed to postpone the depositions to October on the condition

27 that the Deponents would agree to be deposed in Nevada;
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2:16-CV-00739-JAD-(PAL)
STIPULATION AND ORDER RE: EMERGENCY MOTION RE: KASDON/FAIRCHILD SUBPOENAS

Case 2:16-cv-00739-JAD-PAL Document 110 Filed 11/08/17 Page 3 of 7

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WHEREAS, pursuant to his agreement to accept service, and after the parties "met

2 and conferred" on the dates and location of the depositions, on August 17, 201 7, Mr.
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Cristalli was served with Deposition Subpoenas for the Deponents' depositions to take

4 place in Las Vegas on October 25th (Kasdon) and 26th (Fairchild), 2017;
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WHEREAS, witness fees for the depositions were tendered on September 1, 2017;

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WHEREAS, on October 10, 201 7, Mr. Cristalli notified counsel for APPS of a

7 family emergency necessitating the continuance of the October depositions;

WHEREAS, Mr. Cristalli agreed, on behalf of Mr. Kasdon, that all documents

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responsive to the document requests in his Subpoena would be produced in October 2017;

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WHEREAS, Mr. Cristalli agreed to reimburse the costs associated with

11 changing/cancelling airline flights related to the October depositions;
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WHEREAS, when the parties could not immediately agree on the dates/locations

13 of the continued Depositions, Mr. Cristalli filed the Emergency Motion;

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WHEREAS, since the filing of the Emergency Motion, the parties have reached an

15 agreement that the Deposition of Amber Fairchild will take place on January 10, 2018,
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16 beginning at 9:00 a.m., at First Choice Reporting-Miami, 44 West Flagler Street, Suite
17 300, Miami, FL 33130;

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WHEREAS, since the filing of the Emergency Motion, the parties have reached an

19 agreement that the Deposition of Donald Kasdon will take place on January 9, 2018,
20 beginning at 9:00 a.m., at First Choice Reporting-Miami, 44 West Flagler Street, Suite
21 300, Miami, FL 33130; and

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WHEREAS, since the filing of the Emergency Motion, Kory Kaplan has left the

23 firm of Gentile, Cristalli, Miller, Armeni, Savaresse but continues to represent the
24 Deponents through his new law firm of Larson, Zirzow & Kaplan and is authorized to
25 accept service of the amended Deposition Subpoenas on behalf of the Deponents;
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2:16-CV-00739-JAD-(PAL)
STIPULATION AND ORDER RE: EMERGENCY MOTION RE: KASDON IF AIRCHILD SUBPOENAS

Case 2:16-cv-00739-JAD-PAL Document 110 Filed 11/08/17 Page 4 of 7

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STIPULATION

IT IS THEREFORE STIPULATED AND AGREED by and between the parties

3 hereto as follows:

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1.

The undersigned counsel for the Deponents, Kory Kaplan, has authority to,

and will, accept service of amended Deposition Subpoenas on behalf of the Deponents;
2.

The Deposition of Amber Fairchild will take place on January 10, 2018,

7 beginning at 9:00 a.m., at First Choice Reporting-Miami, 44 West Flagler Street, Suite
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300, Miami, FL 33130;
3.

The Deposition of Donald Kasdon will take place on January 9, 2018,

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beginning at 9:00 a.m., at First Choice Reporting-Miami, 44 West Flagler Street, Suite
300, Miami, FL 33130;

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4.

The witness fees previously tendered to the Deponents on September 1, 2017

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will satisfy the requirements of Fed. R. Civ. P. 45(b)(l);
5.

Deponent Donald Kasdon will produce all documents responsive to his

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15 Deposition Subpoena which have not already been produced within 10 days; and
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6.

The deponents will reimburse APPS and its counsel for the costs incurred in

17 connection with changing/cancelling the flights for the previously-scheduled October
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depositions in the amount of $203.02.

IT IS SO STIPULATED.

20 DATED this

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day ofNovember, 2017
JULANDER, BROWN & BOLLARD

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By
DIRK 0. JULANDER
Pro Hae Vice
9110 Irvine Center Drive
Irvine, California 92618
Tel. [phone]

Attorneys for Plaintiff and Cross-Defendant
Atlantic-Pacific Processing Systems, Inc

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2:16-CV-00739-JAD-(PAL)
STIPULATION AND ORDER RE: EMERGENCY MOTION RE: KASDON IF AIRCHILD SUBPOENAS

Case 2:16-cv-00739-JAD-PAL Document 110 Filed 11/08/17 Page 5 of 7

1 DATED this 8th day of November, 2017

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LARSON, ZIRZOW & KAPLAN

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By~~

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850 E. Bonneville Ave.
Las Vegas, NV 89101
Tel. [phone]

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Attorneys for Defendants Tl Payments, LLC and
Donald Kasdon and Non-Party Amber Fairchild

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ORDER

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Based on the foregoing Stipulation and good cause appearing, it is hereby
ORDERED as follows:
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behalf of Deponents Donald Kasdon and Amber Fairchild;
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300, Miami, FL 33130;
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300, Miami, FL 33130;
4.

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The witness fees previously tendered to the Deponents on September 1, 2017

shall satisfy the requirements of Fed. R. Civ. P. 45(b)(l);
5.

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The Deposition of Donald Kasdon shall take place on January 9, 2018,

beginning at 9:00 a.m., at First Choice Reporting - Miami, 44 West Flagler Street, Suite

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The Deposition of Amber Fairchild shall take place on January 10, 2018,

beginning at 9:00 a.m., at First Choice Reporting - Miami, 44 West Flagler Street, Suite

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Kory Kaplan shall accept service of amended Deposition Subpoenas on

Deponent Donald Kasdon shall immediately produce all documents

responsive to his Deposition Subpoena which have not been previously produced by him
within 10 days; and
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2:16-CV-00739-JAD-(PAL)
STIPULATION AND ORDER RE: EMERGENCY MOTION RE: KASDON IF AIRCHILD SUBPOENAS

Case 2:16-cv-00739-JAD-PAL Document 110 Filed 11/08/17 Page 6 of 7

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6.

The Deponents shall reimburse APPS and its counsel for the costs incurred

in connection with changing/cancelling the flights for the previously-scheduled October

3 depositions in the amount of $203.02, payable within 10 days to the Julander, Brown &
4 Bollard Client Trust Account.
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IT IS SO ORDERED.
IT IS SO ORDERED.
IT IS FURTHER ORDERED that the Emergency Motion to Quash Subpoenas
(ECF No. 106) is DENIED as moot and the hearing on that motion, currently set for
November 16, 2017 is VACATED.
U.S. Magistrate Judge
Date:
__________________________
Peggy A. Leen
United States Magistrate Judge
Dated: November 14, 2017

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2:16-CV-00739-JAD-(PAL)
STIPULATION AND ORDER RE: EMERGENCY MOTION RE: KASDON IF AIRCHILD SUBPOENAS

Case 2:16-cv-00739-JAD-PAL Document 110 Filed 11/08/17 Page 7 of 7

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CERTIFICATE OF SERVICE
I hereby certify that on this 8th day of November, 2017, a true and correct copy

3 of STIPULATION AND [PROPOSED] ORDER RE: EMERGENCY MOTION RE:
4 KASDON AND FAIRCHILD SUBPOENAS was served via the United States District Court
5 CM/ECF system on all parties or persons requiring notice.
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By
Stephanie Hernandez, an Employee of
JULANDER, BROWN & BOLLARD,