Axis Spine NV, LLC v. Xtant Medical Holdings, Inc.

Filing 31

ORDER granting Defendant's ECF No. 30 Motion to Appear Telephonically. Signed by Magistrate Judge Cam Ferenbach on 3/13/2018. (Copies have been distributed pursuant to the NEF - KR)

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DYLAN J. LIDDIARD
(admitted pro hac vice)
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
CRAIG E. BOLTON
UZEZI E. ABUGO
(admitted pro hac vice)
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
1301 Avenue of the Americas, 40th Floor
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
JAMES PATRICK SHEA, ESQ.
Nevada Bar No. 405
ARMSTRONG TEASDALE LLP
3770 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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AXIS SPINE NV, LLC, a Nevada Limited
Liability Company
Plaintiff,
v.

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XTANT MEDICAL HOLDINGS, INC., a
Delaware Corporation

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Defendant.

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Case No. 2:17-CV-02147-APG-VCF
DEFENDANT’S MOTION TO
APPEAR TELEPHONICALLY FOR
THE MARCH 16, 2018, HEARING ON
DEFENDANT’S MOTION TO
COMPEL PLAINTIFF TO FULLY
RESPOND TO DISCOVERY
Judge: Hon. Andrew P. Gordon

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Defendant Xtant Medical Holdings, Inc. (“Defendant”), by and through its undersigned

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counsel, hereby requests permission for its lead out-of-state counsel, Dylan J. Liddiard, Esq. of

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Wilson Sonsini Goodrich and Rosati, PC, to appear telephonically for the hearing on

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Defendant’s Motion to Compel Plaintiff to Fully Respond to Discovery (the “Motion to

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Compel”) [ECF No. 25] currently scheduled for March 16, 2018, at 2:00 p.m. [ECF No. 29].

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Mr. Liddiard is located in Palo Alto, California and respectfully requests leave to appear

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telephonically for the hearing as he has a preexisting obligation that requires him to be in Los

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Angeles, California at the time of the hearing. Although Defendant’s local counsel, Armstrong

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Teasdale LLP, will be available in-person for the hearing, Mr. Liddiard has a greater knowledge

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of the basis of the Motion to Compel because he was directly involved in the drafting of the

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discovery requests at issue and the meet and confers with Plaintiff Axis Spine NV, LLC. For

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those reasons, Defendant respectfully requests that Mr. Liddiard be allowed to appear

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telephonically.

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This request is made in good faith and Defendant does not believe that any parties to this

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case will be prejudiced in any way by Mr. Liddiard’s telephonic appearance at the March 16,

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2018 hearing.

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Dated: March 12, 2018

Armstrong Teasdale LLP

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By: /s/ James Patrick Shea

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JAMES PATRICK SHEA, ESQ.
Nevada Bar No. 405
ARMSTRONG TEASDALE LLP
3770 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: 702) 878-9995

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WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
Dylan J. Liddiard
(admitted pro hac vice)
650 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
Craig E. Bolton
The call-in telephone number is
Uzezi E. Abugo
[phone], access code: 3912597. The (admitted pro hac vice)
call must be made five minutes prior to the 1301 Avenue of the Americas, 40th Floor
hearing time. The court will join the call New York, NY 10019
Telephone: [phone]
and convene the proceedings. The call
must be made on a land line. The use of a Facsimile: [phone]
cell phone or speaker phone during the
proceedings is prohibited.

Attorneys for Defendant

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3-13-2018

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CERTIFICATE OF SERVICE

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Pursuant to Fed.R.Civ.P.5(b) and Section IV of District of Nevada Electronic Filing

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Procedures, I certify that I am an employee of ARMSTRONG TEASDALE LLP, and that the

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foregoing was served:

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via electronic service to the address(es) shown below:

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P. Sterling Kerr, Esq.
Taylor Simpson, Esq,
Law Offices of P. Sterling Kerr
2450 St. Rose Parkway, Suite 120
Henderson, Nevada 89074
Telephone: [phone]
Facsimile: 702-451-2077
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
via the U.S. Postal Service at Las Vegas, Nevada, in a sealed envelope, with firstclass postage prepaid, on the date and to the address(es) shown below:

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17 Date: March 12, 2018
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/s/Jessica Myrold
An employee of Armstrong Teasdale LLP

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