Federal Trade Commission v. OMICS Group Inc. et al

Filing 81

ORDER granting 80 Stipulation; Re: 72 Motion for Sanctions. Responses due by 4/27/2018. Signed by Magistrate Judge Cam Ferenbach on 4/23/2018. (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.

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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 (Dkt. No. 73).

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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. The Scheduling Order in this

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action also provides that the deadline for dispositive motions is April 23, 2018. (Dkt.

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No. 57).

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5. Plaintiff and Defendants have exchanged multiple communications since the April 2,
2018 hearing regarding Plaintiff’s outstanding discovery concerns.

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6. Currently, Defendants provided Plaintiff with a letter response to Plaintiff’s April 10,

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2018 letter on April 19, 2018 and are formulating additional revised written

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responses to rectify multiple concerns addressed in the April 10, 2018 letter.

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7. Plaintiff has agreed to, and this Court has granted, two extensions of time for

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Defendants to respond to Plaintiff’s Motion for Sanctions that have extended this

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date to April 20, 2018 (Dkt. Nos. 75, 78).

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8. Defense counsel has been dealing with an unexpected family medical emergency and

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is in need of additional time to finalize Defendants’ revised discovery responses,

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Defendants’ Opposition to Plaintiff’s Motion for Sanctions, and prepare for other

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upcoming deadlines.

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9. As a courtesy and accommodation, Plaintiff’s counsel has agreed to extend to April

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27, 2018, three deadlines that currently call for filings on April 20 and 23: the

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deadline for Defendants to file an opposition to Plaintiff’s Motion for Sanctions, the

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deadline for both parties to file dispositive motions, and the deadline to file the joint

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status report on Defendants’ responses to discovery addressed at the April 2, 2018

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hearing.

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10. If the requested extension is granted, the parties will file an initial joint status report

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on April 23, 2018 concerning the discovery addressed at the April 2, 2018 hearing

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(Dkt. No. 73).

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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

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Dated this 20th day of April, 2017.

Dated this 20th day of April, 2017.

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/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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Pursuant to the stipulation of the parties, the deadline for Defendants to file an

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opposition to Plaintiff’s Motion for Sanctions, the deadline for both parties to file dispositive

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motions, and the deadline for the parties’ joint status report on Defendants’ responses to

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discovery addressed at the April 2, 2018 hearing are hereby extended to April 27, 2018.
IT IS SO ORDERED.
April
23rd
Dated this _____ day of ________________________, 2018.

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Cam Ferenbach
United States Magistrate Judge

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

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The undersigned hereby certifies that on April 20, 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 was filed electronically with the United States District Court for the District of

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Nevada using the CM/ECF system, which sent notification to all parties of interest participating

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in the CM/ECF system.

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/s/ D. Neal Tomlinson
Attorney for Defendants

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