T.R.P. Company, Inc. v. Similasan AG et al

Filing 46

ORDER granting 45 Stipulation; Discovery due by 4/15/2019. Motions due by 5/13/2019. Proposed Joint Pretrial Order due by 6/10/2019. Signed by Magistrate Judge Carl W. Hoffman on 4/26/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02197-JCM-CWH Document 45 Filed 04/25/18 Page 1 of 4

1 DICKINSON WRIGHT PLLC
MICHAEL N. FEDER, Nevada Bar No. 7332
2 Email: [e-mail]
8363 West Sunset Road, Suite 200
3 Las Vegas, Nevada 89113-2210
4 Tel: [phone]
Fax: [phone]
5
VENABLE LLP
6 DANIEL S. SILVERMAN (Admitted Pro Hac Vice)
Email: [e-mail]
7 2049 Century Park East, Suite 2300
8 Los Angeles, California 90067
Tel: [phone]
9 Fax: [phone]
10 VENABLE LLP
MEAGHAN H. KENT (Admitted Pro Hac Vice)
11 Email: [e-mail]
12 600 Massachusetts Ave., NW
Washington, DC 20001
13 Tel: [phone]
Fax: [phone]
14
Attorneys for Plaintiff/Counter-Defendant
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T.R.P. Company, Inc.
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Case No.: 2:17-cv-02197-JCM-CWH
T.R.P. Company, Inc.,

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JOINT STIPULATION AND [PROPOSED]
ORDER TO EXTEND DISCOVERY
DEADLINES

Plaintiff/Counter-Defendant,

21 vs.

(First Request)

22 Similasan AG and Similasan Corporation.
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Defendants/Counter-Claimants.

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COME NOW Plaintiff T.R.P. Company, Inc. (“TRP”) and Defendants Similasan AG and

27 Similasan Corporation (collectively, “Similasan”), by and through their counsel of record, hereby
28 stipulate and agree to extend the discovery and related deadlines of the Joint Discovery Plan for

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Case 2:17-cv-02197-JCM-CWH Document 45 Filed 04/25/18 Page 2 of 4

1 approximately six (6) months. This is the first request to extend these deadlines, the request is
2 being made more than 21 days from the first current pending deadline, and the Parties are
3 diligently engaged in discovery, but will be unable to complete the outstanding discovery within
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the current deadlines. The deadlines to be extended, with the current deadline in parentheses

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(Dkt. 37), and the proposed dates are:
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1. Interim Status Report: (May 16, 2018) to be November 9, 2018;

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2. Fact Discovery Cut-Off: (July 13, 2018) to be January 11, 2019;

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3. Expert Disclosures: (August 17, 2018) to be February 11, 2019;

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4. Rebuttal Expert Disclosure: (September 14, 2018) to be March 11, 2019;

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5. Expert Discovery Cut-Off: (October 19, 2018) to be April 15, 2019;

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6. Dispositive Motions: (November 16, 2018) to be May 13, 2019;

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7. Pre-Trial Order: (December 14, 2018) to June 10, 2019, if no dispositive motions
filed, 30 days following entry of order on dispositive motions or further order of the
court.
Discovery Completed – The Parties have completed their initial disclosures, have

17 exchanged initial written discovery and document requests, and are currently producing
18 documents on a rolling basis. Both Parties have produced substantial numbers of documents and
19 are preparing more for production. To date, Similasan has produced over 4,000 documents and
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anticipates producing similar numbers of documents relating to the new products at issue. TRP

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has produced approximately 600 documents and is still producing documents related to the initial
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claims and new claims. The Parties have also been involved in extensive and ongoing meet and

24 confer efforts regarding their discovery responses and document production in an effort to avoid
25 motion practice.
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Discovery To Be Completed – Discovery to be completed includes further written

27 discovery and document productions related to both the prior claims and the new claims added in
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TRP’s Amended Complaint and Similasan’s Amended Counterclaims (Dkt. 44), which include
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Case 2:17-cv-02197-JCM-CWH Document 45 Filed 04/25/18 Page 3 of 4

1 eight new causes of action and two additional products, such that the scope of discovery has
2 greatly expanded. The number of potentially responsive documents to be produced has
3 substantially increased. Both sides need to take depositions of all fact witnesses. Expert
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disclosures, expert discovery and expert depositions are all still outstanding and the scope of the

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expert opinions has expanded. Additionally, both Parties anticipate pursuing third party
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discovery. Finally, as noted above, the Parties are currently engaged in meet and confer efforts,

8 but if unsuccessful, additional time for motions to compel to be heard may be required.
Pending Motions – Similasan AG’s Motion to Dismiss based on Lack of Personal

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10 Jurisdiction, filed on October 17, 2017, is pending before the Court (Dkt. 24).
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The Parties represent that this Stipulation is sought in good faith. After conducting initial
written discovery and document productions, on April 19, 2018, TRP and Similasan amended

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their Complaint and Counterclaims, respectively, adding several new causes of action to each
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pleading (Dkt. 44). In particular, TRP added three new causes of action for: (1) tortious

16 interference with prospective business relations, (2) commercial disparagement, and (3) false
17 advertising under 15 U.S.C. § 1125(a)(1)(B). Similasan added five new counterclaims for: (1)
18 federal trademark infringement of Similasan’s Pink Eye Relief mark, (2) federal trademark
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infringement of Similasan’s Allergy Eye Relief mark, (3) cancellation of TRP’s trademark
registration for Allergy Eyes Relief, (4) federal trademark infringement of Similasan’s Earache

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Relief mark, and (5) cancellation of TRP’s trademark registration for Earache Relief. As these
additional causes of action widen the scope of the discovery considerably, additional time is

24 necessary for the Parties to exchange written discovery, collect and produce additional
25 documents, and depose party and third-party witnesses related to these new claims. The Parties
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Case 2:17-cv-02197-JCM-CWH Document 45 Filed 04/25/18 Page 4 of 4

1 hereby respectfully request that the aforementioned deadlines be extended accordingly.
2 Dated: April 25, 2018
3 DICKINSON WRIGHT PLLC
4
5 /s Michael N. Feder
Michael N. Feder (NV Bar No. 7332)
6 8363 West Sunset Road, Suite 200
Las Vegas, NV 89113-2210
7 Email: [e-mail]
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VENABLE LLP
Daniel S. Silverman (Pro Hac Vice)
2049 Century Park East, Suite 2300
Los Angeles, CA 90067
Tel: [phone]
Fax: [phone]
Email: [e-mail]

13 VENABLE LLP
Meaghan H. Kent (Pro Hac Vice)
14 600 Massachusetts Avenue, NW
Washington, D.C. 20001
15
Tel: [phone]
16 Fax: [phone]
17 Attorneys for Plaintiff T.R.P. Company, Inc.
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BROWNSTEIN HYATT FARBER
SCHRECK, LLP
/s Michael D. Rounds
_
Michael D. Rounds (NV Bar No. 4734)
Ryan Cudnik (NV Bar No. 12948)
5371 Kietzke Lane
Reno, NV 89511
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
BROWNSTEIN HYATT FARBER
SCHRECK, LLP
Emily Ellis (NV Bar No. 11956)
100 North City Parkway
Las Vegas, NV 89106-4614
Telephone: [phone]
Facsimile: [phone]
CROMWELL & MORNING LLP
Michelle Gillett (Pro Hac Vice)
3 Embarcadero Center, 26th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
CROWELL & MORING LLP
Christopher Cole (pro hac vice)
1001 Pennsylvania Avenue, NW
Washington, DC 20004
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant SIMILASAN CORPORATION

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ORDER
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IT IS SO ORDERED.
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UNITED STATES MAGISTRATE JUDGE
April 26, 2018
DATE:
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