Federal Trade Commission v. OMICS Group Inc. et al

Filing 78

ORDER granting 77 Stipulation; Re: 72 Motion for Sanctions. Responses due by 4/20/2018. Signed by Magistrate Judge Cam Ferenbach on 4/16/2018. (Copies have been distributed pursuant to the NEF - JM)

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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]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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FEDERAL TRADE COMMISSION,

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Plaintiff,

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v.

Case No. 2:16-cv-02022-GMN-VCF

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STIPULATION AND ORDER TO
EXTEND RESPONSE DEADLINE

OMICS GROUP INC., et al.,
Defendants.

(SECOND REQUEST)

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Defendants, OMICS GROUP INC., IMEDPUB LLC, CONFERENCE SERIES LLC,

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and SRINUBABU GEDELA, by and through counsel of record, D. Neal Tomlinson and

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Kristina R. Kleist, and Plaintiff, FEDERAL TRADE COMMISSION, by and through counsel of

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record, Gregory A. Ashe and Michael E. Tankersley, hereby agree and stipulate as follows:

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1. On March 23, 2018, Plaintiff filed its Motion to for Sanctions Regarding Solicitation
Evidence (Dkt. No. 72).

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2. On April 2, 2018, a hearing took place on Plaintiff’s Motion to Compel (Dkt. No. 63)

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and Motion to Compel to Determine the Sufficiency of Answers to Requests for

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Admissions (Dkt. No. 66).

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3. On April 4, 2018, a Minute Order was issued granting Plaintiff’s Motions and
requiring Defendants to provide complete responses.

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4. Additionally, pursuant to the Minute Order, the parties are required to file a joint

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status report concerning any outstanding discovery by April 23, 2018 and thereafter a

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hearing will be set on Plaintiff’s Motion for Sanctions.

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5. Following the hearing, a conference was held between Plaintiff’s counsel,

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Defendants’ counsel, and Mr. Kishore Vattikoti, Defendants’ Indian counsel, to

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identify and discuss all discovery issues.

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6. While Mr. Vattikoti was in the United States, Defendants and counsel reviewed and

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provided revised responses to Plaintiff’s discovery requests as required by the Order

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and as discussed in the conference which took place thereafter.

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7. As a professional courtesy and in accommodation of Defendants’ and their counsel

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addressing the Order on Plaintiff’s Motions, and other discovery issues identified by

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Plaintiff, Plaintiff’s counsel agreed to an extension of the April 6, 2018 response

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deadline for the Motion to for Sanctions Regarding Solicitation Evidence (Dkt. No.

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72) which was granted by this Court (Dkt. No. 75).
8. Plaintiff provided Defendants with a letter on April 10, 2018 regarding Defendants’

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revised responses.

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9. As a professional courtesy, Plaintiff’s counsel will accommodate an additional

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extension request due to Defendants’ continued efforts to address all of Plaintiff’s

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concerns regarding discovery.
10. The parties have agreed that Defendants will file their response no later than April

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20, 2018.

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

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HYPERION ADVISORS

FEDERAL TRADE COMMISSION

Dated this 16th day of April, 2017.

Dated this 16th day of April, 2017.

/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/ Michael E. Tankersley
DAVID C. SHONKA
Acting General Counsel
GREGORY A. ASHE
MICHAEL E. TANKERSLEY
Federal Trade Commission
600 Pennsylvania Avenue NW
Washington, DC 20850

Attorneys for Defendants

Attorneys for Plaintiff

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ORDER

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IT IS SO ORDERED.
April
16th
Dated this _____ day of ________________________, 2018.

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UNITED STATES MAGISTRATE JUDGE

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Respectfully submitted by:
HYPERION ADVISORS
/s/ D. Neal Tomlinson
D. NEAL TOMLINSON
Nevada Bar No. 06851
KRISTINA KLEIST
Nevada Bar No. 13520
Attorneys for Defendants

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on April 16, 2018, a true and correct copy of the

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foregoing STIPULATION AND [PROPOSED] ORDER TO EXTEND RESPONSE

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DEADLINE (SECOND REQUEST) was filed electronically with the United States District

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Court for the District of Nevada using the CM/ECF system, which sent notification to all parties

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of interest participating in the CM/ECF system.

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/s/ D. Neal Tomlinson
Attorney for Defendants

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