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

Filing 23

ORDER Granting 21 Stipulation to File Counterclaim and Third-Party Complaint. DermAktive and Dufner shall forthwith separately file their counterclaim and third-party complaint which was attached as Exhibit A. Signed by Magistrate Judge Peggy A. Leen on 9/19/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-00739-JAD-PAL Document 21 Filed 09/14/16 Page 1 of 4

1 Ari N. Rothman (pro hac vice)

Shahin Rothermel (pro hac vice)

2 VENABLE LLP

575 7th Street, NW

3 Washington, DC 20004

Telephone: [phone]

4 Facsimile: 202-344-8300

[e-mail]

5 [e-mail]
6 Marc J. Randazza (NV Bar No. 12265)

Ronald D. Green (NV Bar No. 7360)

7 RANDAZZA LEGAL GROUP, PLLC

4035 S. El Capitan Way

8 Las Vegas, NV 89147

Telephone: [phone]

9 Facsimile: 305-437-7662
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[e-mail]

Attorneys for Defendants

11 Dermaktive, LLC and Jordan Dufner
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ATLANTIC-PACIFIC PROCESSING

Case No.: 2:16-cv-00739

15 SYSTEMS, INC., a California corporation
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Plaintiffs,
vs.

18 DERMAKTIVE, LLC, a Florida limited liability

STIPULATION AND (PROPOSED)
ORDER ALLOWING DERMAKTIVE
AND DUFNER TO FILE
COUNTERCLAIM AND THIRDPARTY COMPLAINT

company, and JORDAN DUFNER, a

19 Connecticut resident; DOE INDIVIDUALS I
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through X; and ROE ENTITIES I through X,
Defendants.

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Plaintiff Atlantic-Pacific Processing Systems, and Defendants Dermaktive and Jordan
Dufner, stipulate that Dermaktive and Dufner may file in this action the counterclaim and thirdparty complaint attached hereto as Exhibit A, and ask the Court to enter an order reflecting same.
Good cause exists to grant and enter this stipulation for the reasons set forth below.

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Case 2:16-cv-00739-JAD-PAL Document 21 Filed 09/14/16 Page 2 of 4

1.

1

On April 4, 2016, Atlantic-Pacific Processing Systems filed a Complaint in this

2 Court against Dermaktive and Dufner, alleging breach of contract, breach of guaranty, and
3 declaratory relief. (ECF No. 1.)
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2.

On May 26, 2016, Dermaktive and Dufner filed a complaint alleging fraud and

5 other

claims against Atlantic-Pacific Processing Systems, Inc., T1 Payments LLC,

6 7 Processing, LLC, Donald Kasdon, Amber Fairchild, and Debra King in the Eighth Judicial Court
7 of Clark County, Nevada, Case Number A-16-737420-B. Many of the claims in the state court
8 complaint overlap with and involve the same facts and circumstances as those in the operative
9 complaint in this case.

3.

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Having amended its complaint and defendants having answered it, Atlantic-Pacific

11 Processing Systems filed a motion to dismiss the state court action on the ground of improper
12 venue. During the hearing on that motion on August 15, 2016, the state court determined it would
13 stay the state court action pending resolution of venue by this Court.

4.

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Thereafter, the parties in this case, and the to-be added third-party defendants,

15 stipulated to venue in this Court conditioned on: (a) allowing Dermaktive and Dufner to pursue
16 their state court claims in this case given the substantial overlap of issues, claims and parties; and
17 (b) all parties reserving all of their claims, defenses, and other rights.

5.

18

Allowing Dermaktive and Dufner to pursue their claims in this Court will not divest

19 the Court of subject matter jurisdiction over the claims or personal jurisdiction over the parties
20 presently before the Court, and will not prejudice any of the parties. No discovery has occurred,
21 and no hearing or other case-dispositive deadlines are approaching.

6.

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The parties do not enter this stipulation to delay the proceedings or for any other

23 improper purpose.
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///

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///

27 / / /

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Case 2:16-cv-00739-JAD-PAL Document 21 Filed 09/14/16 Page 3 of 4

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WHEREFORE, the parties stipulate and request that the Court enter an order allowing

2 DermAktive and Dufner to file the counterclaim and third-party complaint attached hereto as
3 Exhibit A while allowing all parties to pursue any claims, defenses, and other rights they have with
4 respect to the causes of action alleged therein.
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6

DATED this 14th day of September, 2016.
HUTCHISON & STEFFEN, LLC

RANDAZZA LEGAL GROUP, PLLC
/s/ Ronald D. Green________________
Ronald D. Green (7360)
4035 S. El Capitan Way
Las Vegas, Nevada 89147
Tel. [phone]
Fax: [phone]
Email: [e-mail]

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/s/Todd W. Prall
Joseph S. Kistler (3458)
Todd W. Prall (9154)
Peccole Professional Park
10080 West Alta Drive, Suite 200
Las Vegas, Nevada 89145
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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JULANDER, BROWN & BOLLARD

VENABLE LLP

/s/ Dirk O. Julander_______________
Dirk O. Julander, Cal. Bar No. 132313
(Pro Hac Vice)
9110 Irvine Center Drive
Irvine, California 92618
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

/s/ Ari N. Rothman___________________
Ari N. Rothman (Admitted Pro Hac Vice)
Shahin Rothermel (Admitted Pro Hac Vice)
575 7th Street, NW
Washington, DC 20004
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Plaintiff
Attorneys for Defendants
IT IS SO ORDERED.

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IT IS SO ORDERED.
IT IS FURTHER ORDERED that DermAktive and Dufner shall forthwith separately file
24 their counterclaim and third-party complaint which was attached as Exhibit A.
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Dated this 19th day of September, 2016.

UNITED STATES DISTRICT JUDGE
____________________________
Peggy A. Leen
Dated: __________________________
United States Magistrate Judge
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Case 2:16-cv-00739-JAD-PAL Document 21 Filed 09/14/16 Page 4 of 4

Case No. 2:16-cv-00418-RFB-NJK

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on September 14, 2016, I electronically filed the foregoing

4 document with the Clerk of the Court using CM/ECF. I further certify that a true and correct copy
5 of the foregoing document being served via transmission of Notices of Electronic Filing generated
6 by CM/ECF.
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Respectfully Submitted,

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Employee,
Randazza Legal Group, PLLC

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