Securities & Exchange Commission v. Hemp, Inc. et al

Filing 82

ORDER Granting 80 Stipulation to Extend Time re 76 MOTION for Partial Summary Judgment. ( Responses due by 10/13/2017., Replies due by 11/13/2017.) Signed by Judge Jennifer A. Dorsey on 8/16/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-01413-JAD-PAL Document 80 Filed 08/15/17 Page 1 of 5

1 Robert J. Cassity
Nevada Bar No. 9779
2 David J. Freeman
Nevada Bar No. 10045
3 HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
4 Las Vegas, NV 89134
Phone: [phone]
5 Fax: [phone]
Email: [e-mail]
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[e-mail]

Amy J. Oliver (Utah #8785)
admitted pro hac vice
[e-mail]
Daniel J. Wadley (Utah #10358)
admitted pro hac vice
[e-mail]
James J. Thibodeau (Utah #15473)
admitted pro hac vice
[e-mail]
Attorneys for Plaintiff
Securities and Exchange
Commission
Salt Lake Regional Office
351 South West Temple
Suite 6.100
Salt Lake City, UT 84101-1950
Tel.: [phone]
Fax: [phone]

7 Thomas Sporkin (Admitted Pro Hac Vice)
Timothy J. Coley (Admitted Pro Hac Vice)
8 BUCKLEYSANDLER, LLP
1250 24th Street NW, Suite 700
9 Washington DC 20037
Tel: [phone]
10 Fax: [phone]
Email: [e-mail]
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[e-mail]

Attorneys for Plaintiff Securities
and Exchange Commission

HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

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Attorneys for Defendants Barry K. Epling,
13 Ferris Holding, Inc., and Hobbes Equities Inc.
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SECURITIES AND EXCHANGE
17 COMMISSION

CASE NO.: 2:16:-cv-01413-RFB-GWF

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JOINT STIPULATION AND ORDER TO
EXTEND RESPONSE AND REPLY
DEADLINES FOR PLAINTIFF’S
MOTION FOR PARTIAL SUMMARY
JUDGMENT

Plaintiff,
v.

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HEMP, INC. a Colorado Corporation; BRUCE
20 J. PERLOWIN, an individual; BARRY K.
EPLING, an individual; JED M. PERLOWIN,
21 an individual; FERRIS HOLDING, INC., a
private Nevada Corporation; HOBBES
22 EQUITIES INC., a private Nevada Corporation;
DIVERSIFIED INVESTMENTS LLC, a private
23 Nevada Limited Liability Company; and
QUANTUM ECONOMIC PROTOCOLS LLC,
24 a private Nevada Limited Liability Company,
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[FIRST REQUEST]

Defendants.

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9106249_1

Case 2:16-cv-01413-JAD-PAL Document 80 Filed 08/15/17 Page 2 of 5

Pursuant to LR IA 6-1, Plaintiffs and Certain Defendants1 herein, by and through their

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attorneys of record, stipulate as follows:

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1.

“Motion”) on Wednesday, August 9, 2017.

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Plaintiff filed a Motion for Partial Summary Judgment (Docket No. 76) (the

2.

Under the Rules, the current deadline for Defendants’ response to the Motion is

August 30, 2017, and the current deadline for Plaintiff to file a Reply is September 6, 2017.

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3.

The parties hereby seek an extension of the response deadline until October 13,

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2017 (two weeks after expert discovery has closed), and until November 13, 2017 for the reply

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deadline (30 days thereafter).
4.

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2017; and

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HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

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5.

Plaintiff shall file a reply to the Motion on or before November 13, 2017.

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6.

This is the parties’ first request for an extension of the response and reply

Certain Defendants shall file a response to the Motion on or before October 13,

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deadlines. The reasons warranting additional time for the response and reply deadlines are as

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follows:

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a.

The Motion seeks summary judgment against Certain Defendants on the

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complaint’s claims under Sections 5(a) and 5(c) of the Securities Act of 1933, 15 U.S.C.

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§§ 77e(a) and 77e(c) (“Section 5”).

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b.

Presently, the parties are actively engaged in expert discovery relating to

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Section 5 liability and other issues. On July 17, 2017, Plaintiff served on Defendants an

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expert report of Jeff Schwartz (the “Schwartz Report”), specifically discussing Section 5

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issues (see Docket No. 67). However, Defendants’ expert reports, which will address

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Section 5 issues including those raised in the Motion and Schwartz Report, are not yet

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due until Wednesday, August 16, 2017 (see Docket No. 62). The parties also anticipate

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“Certain Defendants” are those against whom Plaintiff’s Motion for Partial Summary Judgment
is directed: Barry K. Epling, Ferris Holding, Inc., and Hobbes Equities Inc.

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Case 2:16-cv-01413-JAD-PAL Document 80 Filed 08/15/17 Page 3 of 5

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that expert depositions on Section 5 and related issues will occur in September, and

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Plaintiff already has confirmed Mr. Schwartz’s deposition for September 26, 2017.

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c.

If required to respond to the Motion without first completing open expert

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discovery on these Section 5 issues, Certain Defendants believe they would be prejudiced

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in their ability to fully and fairly respond to the Motion. Accordingly, the parties believe

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that it would be an appropriate and efficient use of the Court and parties’ time and

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resources to permit Certain Defendants to respond to the Motion after expert discovery

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has closed.

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d.

In addition, counsel for Certain Defendants will be out of the country on

previously-scheduled travel in late August when the response is currently due, plus the

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response and reply deadlines surround the Labor Day weekend, which would present

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HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

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other scheduling difficulties for the parties and counsel.

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e.

The operative dispositive motion deadline is set for November 13, 2017

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(see Docket No. 62), and extending the deadlines for the Motion’s response and reply

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briefs would not impact this, or other case deadlines.

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7.

Counsel for the parties have conferred regarding these requested extensions, as

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well as the reasons supporting the requested extensions, and they agree that the requested

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extensions are an appropriate and efficient means of resolving the parties’ scheduling and

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briefing concerns.

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IT IS SO STIPULATED

/s/ Amy J. Oliver__________
Amy J. Oliver (Utah #8785)
DATED August 15, 2017.
admitted pro hac vice
[e-mail]
/s/ Robert J. Cassity, ___________
Daniel J. Wadley (Utah #10358)
Robert J. Cassity, Esq.
admitted pro hac vice
[e-mail]
HOLLAND & HART LLP
James J. Thibodeau (Utah #15473)
9555 Hillwood Drive, 2nd Floor
admitted pro hac vice
Las Vegas, Nevada 89134
[e-mail]
Attorneys for Plaintiff
Thomas A. Sporkin (Pro Hac Vice)
Securities and Exchange
Timothy J. Coley (Pro Hac Vice)
Commission
BUCKLEYSANDLER, LLP
Salt Lake Regional Office
1250 24th Street NW, Suite 700
351 South West Temple
Suite 6.100
IT IS SO ORDERED.
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________________________ Salt Lake City, UT 84101-1950
9106249_1
United States District Judge
Attorneys for Plaintiff Securities
Dated: August 16, 2017.
and Exchange Commission

Case 2:16-cv-01413-JAD-PAL Document 80 Filed 08/15/17 Page 4 of 5

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Washington DC 20037

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Attorneys for Defendants Barry K. Epling,
Ferris Holding, Inc., and Hobbes Equities Inc.

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ORDER

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IT IS SO ORDERED.

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___________________________________
U.S. DISTRICT/MAGISTRATE JUDGE

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DATED:

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HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

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