Manheimer v. Trufusion Yoga, LLC et al

Filing 125

ORDER granting 123 Stipulation re Discovery. Signed by Judge Kent J. Dawson on 8/28/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02186-JCM-NJK Document 123 Filed 08/24/18 Page 1 of 3

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William O’Brien (CA Bar No. 99526)
<[e-mail]>
Joanna Ardalan (CA Bar No. 285384)
<[e-mail]>
Admitted pro hac vice
ONE LLP
9301 Wilshire Blvd
Penthouse Suite
Beverly Hills, CA 90210
Telephone: [phone]
Facsimile: [phone]
David R. Koch (NV Bar No. 8830)
<[e-mail]>
KOCH & SCOW LLC
11500 S. Eastern Ave., Suite 210
Henderson, Nevada 89052
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff,
SETH MANHEIMER

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SETH MANHEIMER, individually,
and derivatively on behalf of
TruFusion Yoga, LLC,

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Plaintiff,
v.
TRUFUSION YOGA, LLC, etc., et al.,
Defendants.

Case No. 2:16-cv-02186-JCM-NJK
STIPULATION FOR LIMITED
DISCOVERY RELATED TO RECENT
DEVELOPMENTS
(First Request)

Case 2:16-cv-02186-JCM-NJK Document 123 Filed 08/24/18 Page 2 of 3

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The Plaintiff, Seth Manheimer, and the Defendants, TruFusion Yoga LLC,

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TruFusion LLC, and TruFusion Franchising LLC (collectively, “TruFusion”), Michael

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Borden, Martin Hinton, stipulate and agree as follows:

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1.

Since the close of discovery in this case, multiple events have occurred that

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are potentially relevant to issues in this case. As supplemental discovery responses,

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Defendants have provided Plaintiff with numerous documents containing information

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potentially relevant to this case. Most recently, Plaintiff received numerous additional

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documents on August 2, 2018.

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2.

Manheimer has requested additional discovery related to certain events that

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have occurred since the close of discovery and related to certain documents that have been

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produced since the close of discovery. Counsel for the parties have met and conferred

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about this request.

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3.

In response to the conference between counsel, the Defendants provided

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Manheimer, on August 23, 2018, with access to additional documents, which Manheimer’s

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counsel are in the process of reviewing.

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4.

In addition, the parties have agreed that discovery be reopened for the limited

purpose of permitting Manheimer to conduct any or all of the following depositions:
(a)

A deposition of TruFusion under Federal Rule of Civil Procedure 30(b)(6) not

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to exceed five hours, on subjects related to events that have occurred since the close of

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discovery and related to documents that have been produced since the close of discovery.

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The parties have agreed that this will be conducted on August 29, 2018, beginning at noon,

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at the offices of Koch & Scow in Las Vegas.

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(b)

Depositions (with associated document production) of potential investors in

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TruFusion named TSG 7 B L.P. and Castanea Partners, Inc. (or, alternatively,

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knowledgeable persons associated with them) on dates mutually agreeable to counsel for

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the parties.

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5.

This is the first request to reopen discovery in this case. Manheimer reserves

rights to request further documents or information. Manheimer’s counsel will consult with
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Case 2:16-cv-02186-JCM-NJK Document 123 Filed 08/24/18 Page 3 of 3

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Defendants’ counsel if Manheimer’s counsel considers the information obtained via the

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recently provided documents and the proposed depositions to be inadequate.

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Respectfully submitted,

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Dated: August 24, 2018

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ONE LLP

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By:/s/William J. O’Brien
William J. O’Brien

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Attorneys for Plaintiff, Seth Manheimer

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Dated: August 24, 2018

LAW OFFICES OF MARK C. FIELDS APC

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By:/s/Mark C. Fields
Mark C. Fields

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Attorneys for Defendants, Michael Borden, Martin

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Hinton, TruFusion LLC, and TruFusion Franchising

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LLC

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IT IS SO ORDERED.

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8/28/2018
Dated: __________________

_____________________________________
UNITED STATES DISTRICT JUDGE

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