Baskim Holdings, Inc. v. Two M, Inc.

Filing 55

ORDER Granting 54 Stipulation to Reschedule Depositions. Signed by Magistrate Judge George Foley, Jr on 6/6/17. (Copies have been distributed pursuant to the NEF - ADR)

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GREGORY D. LATHAM, ESQ.
(admitted pro hac vice)
Louisiana Bar No. 25955
STEPHEN KEPPER, ESQ.
(admitted pro hac vice)
Louisiana Bar No. 34618
INTELLECTUAL PROPERTY CONSULTING, LLC
334 Carondelet Street, Suite B
New Orleans, LA 70130
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]

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AND

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JAMES E. WHITMIRE, ESQ.
Nevada Bar No. 6533
SANTORO WHITMIRE
10100 W. Charleston Blvd., Suite 250
Las Vegas, Nevada 89135
Tel.: [phone] / Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff

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UNITED STATED DISTRICT COURT

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DISTRICT OF NEVADA

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BASKIM HOLDINGS, INC., a Louisiana
corporation,

Case No.: 2:16-cv-01898-APG-GWF

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Plaintiff
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v.

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STIPULATION AND ORDER TO
RESCHEDULE DEPOSITIONS

TWO M, INC. d/b/a BABE’S CABARET

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Defendant
Defendants, Two M, Inc. and Omar Aldabbagh, and plaintiff, Baskim Holdings, Inc. (the
“Parties”), respectfully request that the Court extend the time for the Parties to take depositions

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previously ordered to be completed by June 12, 2017 (ECF 50). In support of this request, the
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Parties state:
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The Parties previously stipulated to, and the Court ordered (ECF 50), the following

depositions take place in the following manner:

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a. Defendants will make the following witnesses available for deposition at plaintiff’s

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counsel’s office over a three-day period of June 7, 8, and 9, 2017: Hilary Rush, Sara
Bebee, Sarah Ruttenberg, Kelly Jones, Larry Wexler and Omar Aldabbagh.

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b. Plaintiff will reschedule the depositions of Peter Feinstein, Danny Romine and Ken
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Bowman, during the three-day period of June 7, 8, and 9, 2017.
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c. Plaintiff will make Dr. Michael Einhorn available for deposition at defense

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counsel’s office on June 12, 2017.

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d. Defendant may issue a deposition subpoena to plaintiff’s New Orleans, Louisiana

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licensee’s landlord, scheduling the deposition on or before June 12, 2017. (the

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“Prior Depositions”).

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2.

On May 18, 2017, the Court held a hearing on Defendants’ Emergency Motion to

Extend Time and Alter Discovery Deadlines (ECF 45); the Court ordered a forty-five (45) day
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extension of the following pre-trial deadlines: (1) discovery deadline extended until July 27, 2017;
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(2) the dispositive motion deadline extended to August 28, 2017; and (3) the joint pre-trial deadline
extended until September 28, 2017 (ECF 53).
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In light of the depositions necessary to complete discovery prior to trial, and given

the additional time allowed to finish discovery, the Parties believe it is in their best interest to
attempt to resolve this matter prior to incurring the expenses associated with taking the previously
scheduled Prior Depositions. Indeed, the parties have agreed to participate in a joint settlement
conference with the magistrate judge in the coming months.

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4.

Accordingly, the Parties request that the Court order the remaining Prior

Depositions below be reset and taken based on the following agreed-upon schedule:

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a. Defendants will make the following witnesses available for deposition at plaintiff’s
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counsel’s office:

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Hilary Rush

July 12, 2017 at 9:00 a.m. (PST)

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Sarah Ruttenberg

July 12, 2017 at 1:00 p.m. (PST)

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Sara Bebee

July 12, 2017 at 3:00 p.m. (PST)

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Kelly Jones

July 13, 2017 at 3:00 p.m. (PST)

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Larry Wexler

July 14, 2017 at 1:00 p.m. (PST)

Omar Aldabbagh1

July 14, 2017 at 9:00 a.m. (PST)

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b. Plaintiff will make the following witnesses available for deposition at defense
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counsel’s office in Florham Park, New Jersey:

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Dr. Michael Einhorn

July 21, 2017 at 9:00 a.m. (EST)

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c. Plaintiff will reschedule the depositions of Danny Romine and Richard Gradillas2,

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during the three-day period of July 12, 13, and 14, 2017. If either of these witnesses

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are unavailable during that time period, the parties will work together in good faith

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to schedule the deposition on or before July 14, 2017.
WHEREFORE, in an effort to allow the Parties to conduct meaningful settlement negotiations

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without incurring the additional costs of taking several depositions, the Parties respectfully request
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that the Court enter an Order to allow for the above-described depositions to occur on the dates set
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forth above.

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Defendants specifically reserve the right to seek a protective order quashing or limiting the
deposition of Omar Aldabbagh. Mr. Aldabbagh was previously produced for deposition as the
corporate representative for Two M, Inc. Defendants question whether Mr. Aldabbagh is required
to appear individually for deposition without plaintiff seeking leave of court. Nonetheless, absent
an Order from the Court quashing or limiting Mr. Aldabbagh’s deposition, defendants will produce
him for deposition on July 14, 2017.
Richard Gradillas was not identified in the Court’s prior order because he was not yet identified
as a witness. Mr. Gradillas was only recently named as a witness for the defense in their fifth
supplement to initial disclosures dated May 22, 2017.
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Page 3 of 4

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IT IS SO ORDERED:
June 6, 2017
Dated: __________________ , 2017

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________________________________________
UNITED STATES MAGISTRATE JUDGE

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Dated this 5th day of June, 2017.

Dated this 5th day of June, 2017.

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__/s/ Greg Latham
v
GREGORY D. LATHAM, ESQ.
(admitted pro hac vice)
Louisiana Bar No. 25955
STEPHEN KEPPER, ESQ.
(admitted pro hac vice)
Louisiana Bar No. 34618
INTELLECTUAL PROPERTY
CONSULTING, LLC
334 Carondelet Street, Suite B
New Orleans, LA 70130
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
[e-mail]

__/s/

Martin I. Melendrez
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MARTIN I. MELENDREZ, ESQ.
Nevada Bar No. 7818
CHRISTOPHER A. ECCLES, ESQ.
Nevada Bar No. 9798
HAWKINS MELENDREZ, P.C.
9555 Hillwood Drive, Suite 150
Las Vegas, Nevada 89134
Tel: [phone]
Fax:[phone]
Email: mmelendrez@hawkinsmelendrez .com
ceccles@hawkinsmelendrez .com
Attorneys for Two M., Inc. d/b/a Babe’s
Cabaret

AND
JAMES E. WHITMIRE, ESQ.
Nevada Bar No. 6533
SANTORO WHITMIRE
10100 W. Charleston Blvd., Suite 250
Las Vegas, Nevada 89135
Tel.: [phone] / Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff

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