Federal Trade Commission v. OMICS Group Inc. et al

Filing 105

ORDER granting 99 Stipulation; Response and Reply to 89 Motion for Summary Judgment, Response 96 Motion to Strike is extended to 6/8/2018. Signed by Chief Judge Gloria M. Navarro on 6/14/2018. (Copies have been distributed pursuant to the NEF - JM)

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Case 2:16-cv-02022-GMN-VCF Document 99 Filed 05/31/18 Page 1 of 4 1 6 D. NEAL TOMLINSON Nevada Bar No. 06851 neal@hyperionlegal.com KRISTINA R. KLEIST Nevada Bar No. 13520 kristina@hyperionlegal.com Hyperion Advisors 3960 Howard Hughes Parkway, Suite 500 Las Vegas, Nevada 89169 Telephone: (702) 990-3901 Fax: (702) 999-3501 7 Attorneys for Defendants 2 3 4 5 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 FEDERAL TRADE COMMISSION, 12 Plaintiff, 13 v. Case No. 2:16-cv-02022-GMN-VCF 14 15 OMICS GROUP INC., et al., STIPULATION AND [PROPOSED] ORDER TO EXTEND RESPONSE DEADLINE Defendants. 16 17 Defendants, OMICS GROUP INC., IMEDPUB LLC, CONFERENCE SERIES LLC, 18 and SRINUBABU GEDELA, by and through counsel of record, D. Neal Tomlinson and 19 Kristina R. Kleist, and Plaintiff, FEDERAL TRADE COMMISSION, by and through counsel of 20 record, Gregory A. Ashe and Michael E. Tankersley, hereby agree and stipulate as follows: 21 1. On May 1, 2018, Plaintiff filed its Motion to for Summary Judgment, (Dkt. No. 86). 22 2. Defendants also filed their Motion for Summary Judgment on May 1, 2018 (Dkt. No. 23 89). 24 3. Plaintiff’s Motion for Summary Judgment is quite extensive, being over 50 pages 25 itself and referencing 27 exhibits, including a declaration with exhibits of over 1,000 26 pages. 27 28 4. Plaintiff filed their Opposition to Defendants’ Motion for Summary Judgment on May 22, 2018 (Dkt. No. 97). Page 1 Case 2:16-cv-02022-GMN-VCF Document 99 Filed 05/31/18 Page 2 of 4 1 2 3 4 5. Plaintiff also filed a Motion to Strike the Declaration of Kishore Vattikoti, part of Defendants’ Motion for Summary Judgment, on May 22, 2018 (Dkt. No. 96). 6. This Court granted a stipulation for extension of time for the parties to respond to the respective Motions for Summary Judgment (Dkt. No. 98). 5 7. Currently, responses to the Motions for Summary Judgment are due on June 1, 2018 6 and Defendants’ response to the Motion to Strike the Declaration of Kishore Vattikoti 7 is due on June 5, 2018. 8 9 8. Additionally, because Plaintiff has already filed their Opposition to Defendants’ Motion for Summary Judgment, Defendants’ Reply is due June 5, 2018. 10 9. Defense counsel has still been dealing with pressing family medical issues which has 11 continued to require counsel to be out of the office, and additional time is needed to 12 confer with Defendants and respond to the pending filings. 13 10. Plaintiff’s counsel has agreed to extend the June 1, 2018 response date to the Motion 14 for Summary Judgment and the June 5, 2018 response date for the Motion to Strike 15 and the Reply to Plaintiff’s Opposition to Defendants’ Motion for Summary 16 Judgment to June 8, 2018. 17 18 11. This Stipulation is being made in good faith between and at the request of both parties, and not for purposes of delay. 19 HYPERION ADVISORS FEDERAL TRADE COMMISSION 20 Dated this 31st day of May, 2018. Dated this 31st day of May, 2018. 21 /s/ D. Neal Tomlinson D. NEAL TOMLINSON Nevada Bar No. 06851 KRISTINA R. KLEIST Nevada Bar No. 13520 3960 Howard Hughes Parkway, Suite 500 Las Vegas, Nevada 89169 /s/ Gregory A. Ashe ALDEN F. ABBOTT General Counsel GREGORY A. ASHE MICHAEL E. TANKERSLEY Federal Trade Commission 600 Pennsylvania Avenue NW Washington, DC 20850 Attorneys for Defendants Attorneys for Plaintiff 22 23 24 25 26 27 28 Page 2 Case 2:16-cv-02022-GMN-VCF Document 99 Filed 05/31/18 Page 3 of 4 1 ORDER 2 Pursuant to the stipulation of the parties, the deadline for Defendants to file their 3 response to Plaintiff’s Motion for Summary Judgment, their reply to Plaintiff’s Opposition to 4 Defendants’ Motion for Summary Judgment, and their response to Plaintiff’s Motion to Strike is 5 6 7 8 hereby extended to June 8, 2018. IT IS SO ORDERED. 14 Dated this _____ day of June, 2018. 9 Gloria M. Navarro, Chief Judge UNITED STATES DISTRICT COURT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 Case 2:16-cv-02022-GMN-VCF Document 99 Filed 05/31/18 Page 4 of 4 CERTIFICATE OF SERVICE 1 2 The undersigned hereby certifies that on May 31, 2018, a true and correct copy of the 3 foregoing STIPULATION AND [PROPOSED] ORDER TO EXTEND RESPONSE 4 DEADLINE was filed electronically with the United States District Court for the District of 5 Nevada using the CM/ECF system, which sent notification to all parties of interest participating 6 in the CM/ECF system. 7 8 9 /s/ D. Neal Tomlinson Attorney for Defendants 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 4

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