Securities and Exchange Commission v. Marshall

Filing 15

ORDER granting 13 Stipulation; Discovery due by 7/19/2018. Motions due by 8/19/2018. Signed by Magistrate Judge George Foley, Jr on 5/7/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02189-JAD-GWF Document 13 Filed 05/04/18 Page 1 of 4

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COHEN|JOHNSON|PARKER|EDWARDS
H. STAN JOHNSON, ESQ.
Nevada Bar No. 00265
[e-mail]
KEVIN M. JOHNSON, ESQ.
Nevada Bar No. 14551
[e-mail]
375 East Warm Springs Road, Suite 104
Las Vegas, Nevada 89119
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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375 E. Warm Springs Road, Ste. 104
Las Vegas, Nevada 89119
[phone] FAX: [phone]

COHEN|JOHNSON|PARKER|EDWARDS

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SECURITIES AND EXCHANGE
COMMISSION,

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Plaintiff,

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v.

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Case No. 2:17-cv-2189
STIPULATION AND ORDER TO
EXTEND DISCOVERY DATES AND
TRIAL
(FIRST REQUEST)

ROBERT CORTEZ MARSHALL,

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Defendants.

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IT IS HEREBY STIPULATED by and between Plaintiff, SECURITIES AND

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EXCHANGE COMMISSION, and Defendant ROBERT CORTEZ MARSHALL, by and
through their respective counsel of record, that all case deadlines should all be continued,
pursuant to LR IA 6-1, as follows:
I.

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Defendant has recently been served a private civil suit relating to the same events at the

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SIGNIFICANT RECENT DEVELOPMENTS

center of this action that will require Defendant’s time and attention. Moreover, the parties have
engaged in preliminary settlement discussions and are interested in alternative methods of
dispute resolution. The parties plan to schedule a settlement conference with a magistrate judge
in this matter.
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Case 2:17-cv-02189-JAD-GWF Document 13 Filed 05/04/18 Page 2 of 4

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II.

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Prior to bringing this action, the Securities and Exchange Commission conducted its

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investigation and reserves the right to conduct further depositions including that of the

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Defendant, which it noticed for April 20, 2018, and was informed that the Defendant would not

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appear on that date. Defendant has been reviewing the documents produced by Plaintiff in

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connection with its initial disclosures.

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III.

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375 E. Warm Springs Road, Ste. 104
Las Vegas, Nevada 89119
[phone] FAX: [phone]

COHEN|JOHNSON|PARKER|EDWARDS

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A STATEMENT SPECIFYING THE DISCOVERY COMPLETED

A SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO
BE COMPLETED

Defendant needs more time to review and analyze the investigation conducted by
Plaintiff and respond with more discovery of its own. Specifically, Defendant will need time to
conduct its own depositions of the witnesses in this matter in order to mount a defense. Plaintiff
also reserves the right to conduct further depositions if this matter is not settled.

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THE REASONS WHY DISCOVERY REMAINING WAS NOT
COMPLETED WITHIN THE TIME LIMITS SET BY THE DISCOVERY
ORDER

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The aforementioned civil suit as well as continued efforts by the parties to settle this case

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IV.

have taken precedence over discovery in this matter.

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V.

CURRENT DISCOVERY DEADLINES

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The current Scheduling Order provides the following deadlines:

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Final date to file motions to amend pleadings/add parties:

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January 19, 2018

Final dates for expert disclosures:

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i.

Initial Disclosures:

March 16, 2018

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ii.

Rebuttal Disclosures:

April 6, 2018

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Close of discovery:

April 20, 2018

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Final date to file dispositive motions:

May 21, 2018

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VI.

A PROPOSED SCHEDULE FOR COMPLETEING ALL REMAINING
DISCOVERY

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Plaintiff and Defendants propose the following revised schedule, which they believe will
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accommodate the needs of all parties in this case:
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Case 2:17-cv-02189-JAD-GWF Document 13 Filed 05/04/18 Page 3 of 4

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Final date to file motions to amend pleadings/add parties:

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April 19, 2018

Final dates for expert disclosures:

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i.

Initial Disclosures:

June 14, 2018

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ii.

Rebuttal Disclosures:

July 5, 2018

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Close of discovery:

July 19, 2018

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Final date to file dispositive motions:

August 19, 2018

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VII.

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There currently is no trial date set for this case. A trial date and related dates will be

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specified by the Court in an Order.
This Stipulation is brought in good faith and not for the purpose of delay or any other

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improper purpose and is necessary for the complete and proper disposition of this case.

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375 E. Warm Springs Road, Ste. 104
Las Vegas, Nevada 89119
[phone] FAX: [phone]

COHEN|JOHNSON|PARKER|EDWARDS

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THE CURRENT TRIAL DATE

Dated this 4th day of May 2018.

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Dated this 4th day of May 2018.

SECURITIES AND EXCHANGE
COMMISSION

COHEN JOHNSON PARKER EDWARDS

By: _/s/ David J. Van Havermaat_________
DAVID J. VAN HAVERMAAT, ESQ.
Attorney for Plaintiff
Securities and Exchange Commission

By: _ /s/ H. Stan Johnson_______________
H. STAN JOHNSON, ESQ.
Attorney for Defendant
Robert Cortez Marshall

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Case 2:17-cv-02189-JAD-GWF Document 13 Filed 05/04/18 Page 4 of 4

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ORDER
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that upon Stipulation of

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counsel and good cause appearing therefor, the parties’ Stipulation and Order to Extend

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Discovery Dates and Trial (First Request) is hereby Approved.

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the discovery
deadlines and trial date shall be amended as follows:

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The current Scheduling Order lists the following deadlines:

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Final date to file motions to amend pleadings/add parties:

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January 19, 2018

Final dates for expert disclosures:
i.

Initial Disclosures:

March 16, 2018

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ii.

Rebuttal Disclosures:

April 6, 2018

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375 E. Warm Springs Road, Ste. 104
Las Vegas, Nevada 89119
[phone] FAX: [phone]

COHEN|JOHNSON|PARKER|EDWARDS

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Close of discovery:

April 20, 2018

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Final date to file dispositive motions:

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Applying the stipulated extension to the discovery deadlines creates the following

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May 21, 2018

ordered schedule to complete all discovery and other matters:
Final date to file motions to amend pleadings/add parties:

April 19, 2018

Final dates for expert disclosures:

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i.

Initial Disclosures:

June 14, 2018

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ii.

Rebuttal Disclosures:

July 5, 2018

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Close of discovery:

July 19, 2018

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Final date to file dispositive motions:

August 19, 2018

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A trial date and related dates shall be set by the Court in an Order.

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IT IS SO ORDERED.

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DATED this 7th day of

May

2018.

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DISTRICT COURT JUDGE
UNITED STATES MAGISTRATE JUDGE

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