Securities and Exchange Commission v. Cannavest Corp. et al

Filing 34

ORDER Granting 33 Second Motion to Continue Pretrial Dates. Proposed Pretrial Conference Order due by 6/1/2018. Signed by Judge Andrew P. Gordon on 5/17/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-01681-APG-PAL Document 33 Filed 05/16/18 Page 1 of 5

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DAVID J. VAN HAVERMAAT (Cal. Bar No. 175761)
Email: [e-mail]
JENNIFER T. CALABRESE (Cal. Bar No. 247976)
Email: [e-mail]
Attorneys for Plaintiff
Securities and Exchange Commission
Michele Wein Layne, Regional Director
Alka Patel, Associate Regional Director
Amy J. Longo, Regional Trial Counsel
444 South Flower Street, 9th Floor
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,

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vs.

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CANNAVEST CORP. a/k/a/ CV
SCIENCES, INC. and MICHAEL J.
MONA, JR.,

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Case No. CV-17-01681-APG-PAL
SECOND JOINT MOTION BY
PLAINTIFF SECURITIES AND
EXCHANGE COMMISSION AND
DEFENDANTS CANNAVEST CORP.
AND MICHAEL J. MONA, JR. TO
CONTINUE PRETRIAL DATES

Defendants.

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ORDER

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Case No. 2:17-cv-01681-APG-PAL

Case 2:17-cv-01681-APG-PAL Document 33 Filed 05/16/18 Page 2 of 5

Plaintiff Securities and Exchange Commission (“SEC” or “Commission”) and

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defendants CannaVEST Corp. a/k/a/ CV Sciences, Inc. (“CannaVest”) and Michael J.

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Mona, Jr. (“Mona”), by and through their undersigned counsel, jointly move as

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follows:

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On October 31, 2017, the Court entered an order that , among other things, set

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April 18, 2018 as the last date to file the joint pretrial order in this action. (Dkt. No.

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24). The parties have reached a tentative settlement with regard to the SEC’s claims

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against CannaVest and Mona. The settlement is tentative because only the SEC

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Commissioners in Washington D.C. have the final authority to approve the settlement

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proposal. The approval process typically takes several weeks. On April 18, 2018, the

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SEC staff informed the Court that final consideration of the tentative settlement with

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CannaVest and Mona has taken longer than usual, but that it was expected that the

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SEC Commissioners would consider the tentative settlement within 30 days. The

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parties, at the SEC’s request, therefore requested that the deadline for filing the final

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pretrial conference order be continued from April 18, 2018 to May 18, 2018. Due to

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unforeseen circumstances, the date for consideration by the SEC Commissioners has

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again been delayed slightly, and the SEC staff now expects that the Commissioners

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will consider the matter by May 31, 2018.
The parties therefore respectfully request that the deadline to file the final

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pretrial conference order be continued until June 1, 2018, so that the SEC

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Commissioners may consider the tentative settlement. The SEC staff has been

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attempting diligently to obtain final consideration for the settlement with CannaVest

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and Mona, and apologizes for the unexpected delay. The SEC staff will notify the

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Court immediately if it appears that final consideration of the tentative settlement will

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not take place by May 31, 2018.

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///

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IT IS SO ORDERED.

_________________________________
UNITED STATES DISTRICT JUDGE
Dated: May 17, 2018.

Case No. 2:17-cv-01681-APG-PAL

Case 2:17-cv-01681-APG-PAL Document 33 Filed 05/16/18 Page 3 of 5

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DATED: May 16, 2018

/s/ David J. Van Havermaat
David J. Van Havermaat
Attorney for Plaintiff
Securities and Exchange Commission

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DATED: May 16, 2018

/s/ S. Todd Neal
S. Todd Neal
Attorney for Defendants
CannaVEST Corp. and
Michael J. Mona, Jr.

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IT IS SO ORDERED.
Dated: ______________
____________________________________
HON. ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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Case No. 2:17-cv-01681-APG-PAL