Federal Trade Commission v. OMICS Group Inc. et al

Filing 106

ORDER granting 102 Stipulation; Re: 89 Motion for Summary Judgment, 96 Motion to Strike. Replies for 89 Motion due by 6/22/2018. Responses for 96 Motion due by 6/22/2018. Signed by Chief Judge Gloria M. Navarro on 6/20/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-02022-GMN-VCF Document 102 Filed 06/08/18 Page 1 of 4

1

6

D. NEAL TOMLINSON
Nevada Bar No. 06851
[e-mail]
KRISTINA R. KLEIST
Nevada Bar No. 13520
[e-mail]
Hyperion Advisors
3960 Howard Hughes Parkway, Suite 500
Las Vegas, Nevada 89169
Telephone: [phone]
Fax: [phone]

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 102 Filed 06/08/18 Page 2 of 4

1
2
3
4
5
6

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).
7. The parties filed a second stipulation for extension of time to respond to the
respective Motions for Summary Judgment to June 8, 2018 (Dkt. No. 99).

7

8. Currently, pursuant to stipulation, responses to the Motions for Summary Judgment

8

are due on June 8, 2018 and Defendants’ response to the Motion to Strike the

9

Declaration of Kishore Vattikoti is due on June 8, 2018.

10
11

9. Additionally, because Plaintiff has already filed their Opposition to Defendants’
Motion for Summary Judgment, Defendants’ Reply is due June 8, 2018.

12

10. Defense counsel has been dealing with multiple family medical issues that have

13

required counsel to be out of the office, and additional time is needed to confer with

14

Defendants and respond to the pending filings.

15

11. In addition, additional time is necessary due to the fact that all Defendants are

16

located in India, and that language, time zones and geographical barriers have

17

presented significant challenges in that defense counsel has encountered difficulty

18

explaining and communicating with the Defendants regarding the many issues and

19

complexities of the pending motions.

20

12. Plaintiff’s counsel has agreed to extend the June 8, 2018 response date to the Motion

21

for Summary Judgment and the June 8, 2018 response date for the Motion to Strike

22

and the Reply to Plaintiff’s Opposition to Defendants’ Motion for Summary

23

Judgment to June 22, 2018.

24
25
26
27
28
Page 2

Case 2:16-cv-02022-GMN-VCF Document 102 Filed 06/08/18 Page 3 of 4

1
2

13. This Stipulation is being made in good faith between and at the request of both
parties, and not for purposes of delay.

3

HYPERION ADVISORS

FEDERAL TRADE COMMISSION

4

Dated this 7th day of June, 2018.

Dated this 7th day of June, 2018.

5

/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

6
7
8
9
10
11
12

ORDER

13
14

Pursuant to the stipulation of the parties, the deadline for Defendants to file their

15

response to Plaintiff’s Motion for Summary Judgment, their reply to Plaintiff’s Opposition to

16

Defendants’ Motion for Summary Judgment, and their response to Plaintiff’s Motion to Strike is

17

hereby extended to June 22, 2018.

18
19

IT IS SO ORDERED.
20
Dated this _____ day of June, 2018.

20
21
22
23

Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

Respectfully submitted by:
HYPERION ADVISORS

24
25
26
27

/s/ D. Neal Tomlinson
D. NEAL TOMLINSON
Nevada Bar No. 06851
KRISTINA KLEIST
Nevada Bar No. 13520
Attorneys for Defendants

28
Page 3

Case 2:16-cv-02022-GMN-VCF Document 102 Filed 06/08/18 Page 4 of 4

CERTIFICATE OF SERVICE

1
2

The undersigned hereby certifies that on June 7, 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