Menos v. Taylor et al

Filing 48

ORDER granting ECF No. 47 Stipulation Regarding the Filing of an Amended Complaint and Schedule for Response Thereto (First Request). Amended complaint due on or before 12/21/2018. Defendants will have (45) days to respond to the a mended complaint. If a motion to dismiss is filed, Plaintiff to have (45) days after the filing of a motion to dismiss to file an opposition and Defendants to have (30) days after the filing of Plaintiff's opposition to file a reply. Signed by Judge Larry R. Hicks on 11/20/2018. (Copies have been distributed pursuant to the NEF - KW)

Case 3:17-cv-00662-LRH-CBC Document 47 Filed 11/16/18 Page 1 of 3

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Patrick R. Leverty, Esq.
LEVERTY & ASSOCIATES LAW CHTD.
Reno Gould House
832 Willow Street
Reno, NV 89502
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Phillip Kim
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 34th Floor
New York, NY 10016
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Counsel for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HANS MENOS, derivatively on behalf of
ECO SCIENCE SOLUTIONS, INC.,

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Plaintiff,

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STIPULATION AND [PROPOSED]
ORDER REGARDING THE FILING OF
AN AMENDED COMPLAINT AND
SCHEDULE FOR RESPONSE
THERETO

v.

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Case No. 3:17-CV-00662-LRH-CBC

JEFFERY L. TAYLOR, DON L.
TAYLOR, L. JOHN LEWIS, S.
RANDALL OVESON, and GANNON
GIGUIERE,

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(First Request)

Defendants,
and
ECO SCIENCE SOLUTIONS, INC.,
Nominal Defendant.

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Case 3:17-cv-00662-LRH-CBC Document 47 Filed 11/16/18 Page 2 of 3

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STIPULATION REGARDING THE FILING OF AN AMENDED COMPLAINT AND
SCHEDULE FOR RESPONSE THERETO

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Pursuant to LR IA 6-1, LR IA 6-2, LR 7-1, and Fed. R. Civ. P. 15(a)(2), Plaintiff Hans
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Menos (“Plaintiff”), by and through his counsel the law firms of Leverty & Associates Law Chtd.
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Ltd. and The Rosen Law Firm, P.A. and Defendants Jeffery L. Taylor, Don L. Taylor, L. John
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Lewis, S. Randall Oveson and Gannon Giguiere (collectively, “Individual Defendants”) and
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Nominal Defendant Eco Science Solutions, Inc. (“Nominal Defendant” and with Individual
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Defendants, “Defendants”), by and through their counsel, the law firm of Greenberg Traurig, LLP,
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hereby stipulate and agree that in lieu of responding to Defendants’ Motion to Dismiss Verified
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Stockholder Derivative Complaint (“Motion to Dismiss”) (Dkt. No. 42), Plaintiff will file an
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amended complaint on or before December 21, 2018.
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Currently, the deadline for Plaintiff to file an opposition to Defendants’ Motion to Dismiss
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is November 26, 2018. While preparing a response to Defendants’ Motion to Dismiss, Plaintiff
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has determined it would be productive, as well as conserve party and judicial resources, to file an
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amended complaint instead of a response as new public information has been made available to
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Plaintiff since the filing of the initial complaint. Defendants’ counsel has agreed to the filing of an
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amended complaint on or before December 21, 2018.
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If the Court permits the filing of the amended complaint on or before December 21, 2018,
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the Parties agree that Defendants will have forty-five (45) days to respond to the amended
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complaint. If a motion to dismiss is filed, Plaintiff shall have forty-five (45) days after the filing
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of a motion to dismiss to file an opposition and Defendants shall have thirty (30) days after the
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filing of Plaintiff’s opposition to file a reply.
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This is the first stipulation for the scheduling of the filing of an amended complaint and
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response thereto. The Court previously granted Plaintiff’s agreed-upon request for an an extension
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of time to respond to the Motion to Dismiss.
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Dated: November 16, 2018

By: /s/Patrick R. Leverty
Patrick R. Leverty
LEVERTY & ASSOCIATES LAW CHTD.
832 Willow Street
Reno, NV 89502

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Case 3:17-cv-00662-LRH-CBC Document 47 Filed 11/16/18 Page 3 of 3

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Phillip Kim
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 34th Floor
New York, NY 10016

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Attorneys for Plaintiff

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Dated: November 16, 2018

By: /s/Joel M. Eads
_ Mark E. Ferrario
Christopher R. Miltenberger
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, NV 89169

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Joel M. Eads
GREENBERG TRAURIG, LLP
2700 Two Commerce Square
2001 Market Street
Philadelphia, PA 19103

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Attorneys for
Defendant

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Defendants

and

Nominal

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IT IS SO ORDERED:

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DATED this 20th day of November, 2018.
________________________________________________
UNITED STATES DISTRICT/MAGISTRATE JUDGE
DATED: ____________________
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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