Martinez v. ISM Connect, LLC

Filing 83

ORDER re 81 Joint Status Report. Signed by Magistrate Judge George Foley, Jr on 10/9/2018. (Copies have been distributed pursuant to the NEF - MR)

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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Joel E. Tasca, Esq.
Nevada Bar No. 14124
Lindsay C. Demaree, Esq.
Nevada Bar No. 11949
Brianna G. Smith, Esq.
Nevada Bar No. 11795
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
John G. Kerkorian, Esq. (admitted pro hac vice)
Arizona Bar No. 012224
BALLARD SPAHR LLP
1 East Washington Street, Suite 2300
Phoenix, Arizona 85004
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Attorneys for Defendant ISM CONNECT,
LLC, F/K/A DATA TRANSFER, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NELSON MARTINEZ,

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Plaintiff/Counterclaim-Defendant,

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v.

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ISM CONNECT, LLC, F/K/A DATA
TRANSFER, LLC,

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Case No.: 2:17-cv-02905-GMN-GWF

JOINT STATUS REPORT
PURSUANT TO ECF NO. 80

Defendant/Counterclaim-Plaintiff.

And related counterclaims.

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Pursuant the Court’s order dated September 21, 2018 (ECF No. 80), Plaintiff

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Nelson Martinez, solely in his capacity as the representative for the former members

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of Ingenuity Sun Media, LLC, Counter-Defendant Nelson Martinez, in his individual

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capacity, and Defendant/Counterclaim-Plaintiff ISM Connect, LLC F/K/A Data
DMWEST #17572836 v1
7869899

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Transfer, LLC submit the following status report regarding the parties’ settlement

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discussions.

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As reported to the Court previously (ECF 79), the attempted settlement

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framework for this case is complex because it relates not only to the litigation before

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this Court, but also matters pending before the United States District Court for the

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District of New Jersey and the Superior Court of New Jersey, and involves parties

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that are not presently before this Court. Without the cooperation of those parties, a

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global settlement of the type contemplated is not possible.

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parties worked diligently to reach agreement, settlement is not possible at this time.

Thus, although the

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of documents and written responses to interrogatories, some outstanding issues and

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

Although the parties have exchanged paper discovery, including the exchange

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

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non-party discovery and subpoenas remain outstanding, as well as at least ten

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depositions that must be conducted.

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depositions to occur in August and early September, but instead have focused their

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efforts on settlement for the past two months. As a result, the parties request that

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the Court set new scheduling deadlines as set forth in the accompanying Stipulation

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and Order to Amend Discovery Plan and Scheduling Order.

The parties had previously scheduled those

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7869899

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Dated this 5th day of October, 2018.

Dated this 5th day of October, 2018.

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BALLARD SPAHR LLP

SANTORO WHITMIRE

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Joel E. Tasca, Esq.
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Nevada Bar No. 14124
Lindsay Demaree, Esq.
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Nevada Bar No. 11949
Brianna G. Smith, Esq.
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Nevada Bar No. 11795
1980 Festival Plaza Drive, Ste 900
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Las Vegas, Nevada 89135
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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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By:

/s/ Daniel D. Barnes
Nicholas J. Santoro
Nevada Bar No. 532
Oliver J. Pancheri
Nevada Bar No. 7476
10100 W. Charleston Blvd., Ste. 250
Las Vegas, Nevada 89135
A. Ross Pearlson
Daniel D. Barnes
CHIESA SHAHINIAN & GIANTOMASI
West Boland Drive
West Orange, NJ 07052
Admitted Pro Hac Vice

John G. Kerkorian, Esq.
Arizona Bar No. 012224
1 East Washington Street, Ste 2300
Phoenix, Arizona 85004
Admitted Pro Hac Vice

Attorneys for Nelson Martinez,
solely in his individual capacity

Attorneys for ISM Connect, LLC,
F/K/A Data Transfer, LLC
Dated this 5th day of October, 2018.
FABIAN VANCOTT
By:

/s/ Kevin N. Anderson
Kevin N. Anderson
Nevada Bar No. 4512
Bradley S. Slighting
Nevada Bar No. 10225
601 South Tenth Street, Ste. 204
Las Vegas, Nevada 89101

Attorneys for Nelson Martinez, solely
in his capacity as the representative
for the former members of Ingenuity
Sun Media
ORDER
IT IS SO ORDERED:

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_____________________________________
UNITED STATES MAGISTRATE JUDGE

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10-9-2018
Dated: ___________________________

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7869899