Aim High Investment Group LLC v. Spectrum Laboratories, LLC, No. 2:2022cv00158 - Document 85 (D. Nev. 2023)
Court Description: ORDER granting 84 Stipulation for Extension of Discovery Deadlines. Discovery due by 10/30/2023. Motions due by 3/14/2024. Signed by Magistrate Judge Daniel J. Albregts on 7/18/2023. (Copies have been distributed pursuant to the NEF - RGDG)
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Aim High Investment Group LLC v. Spectrum Laboratories, LLC Doc. 85 Case 2:22-cv-00158-GMN-DJA Document 85 Filed 07/18/23 Page 1 of 6 1 NICHOLAS J. SANTORO (NBN. 532) JASON D. SMITH (NBN 9691) 2 HOLLEY DRIGGS 300 South 4th Street, Suite 1600 3 Las Vegas, Nevada 89101 4 Telephone: (702) 791-0308 Facsimile: (702) 791-1912 5 E-mail: nsantoro@nevadafirm.com; jsmith@nevadafirm.com 6 DAVID B. CUPAR (Admitted Pro Hac Vice) MATTHEW J. CAVANAGH (Admitted Pro Hac Vice) 7 MCDONALD HOPKINS LLC 8 600 Superior Avenue East, Suite 2100 Cleveland, OH 44114 9 Telephone: (216)348-5730 Facsimile: (216)348-5474 10 E-Mail: dcupar@mcdonaldhopkins.com, mcavanagh@mcdonaldhopkins.com 11 Attorneys for Defendant and Counterclaimant 12 SPECTRUM LABORATORIES, LLC 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 AIM HIGH INVESTMENT GROUP, LLC, 16 Plaintiff/Counter-Defendant, 17 v. 18 SPECTRUM LABORATORIES, LLC 19 Defendant/Counterclaimant. 20 21 22 23 24 25 26 Case No.: 2:22-cv-00158-GMN-DJA ) ) ) ) ) ) ) ) ) ) ) STIPULATION AND ORDER FOR EXTENSION OF DISCOVERY DEADLINES (THIRD REQUEST) Plaintiff/Counter-Defendant, Aim High Investment Group, LLC (“Plaintiff” or “Aim High”) and Defendant/Counterclaimant Spectrum Laboratories, LLC (“Defendant” or “Spectrum”), by and through their counsel of record, hereby respectfully submit this Stipulation and Order for Extension of Discovery Deadlines in this case. This is the third request to extend discovery deadlines in this matter and seeks a ninety (90) day extension of all current discovery deadlines. 27 28 1 32232949.1 Dockets.Justia.com Case 2:22-cv-00158-GMN-DJA Document 85 Filed 07/18/23 Page 2 of 6 PROCEDURAL BACKGROUND 1 2 Plaintiff filed the Complaint in this action on January 28, 2022 (ECF No. 1) and Defendant 3 filed its Answer and Counterclaims on March 14, 2022 (ECF No. 7). On May 12, 2022, this Court 4 entered a Discovery Plan and Scheduling Order (ECF No. 18), which set the close of fact discovery 5 on February 1, 2023. The Order further noted that if the Court is unable to issue a Claim 6 Construction Order by January 19, 2023, the Court may reset the subsequent deadlines as requested 7 by a party or by stipulation. On January 13, 2023, the parties filed their first stipulation for 8 extension of case deadlines, which the Court granted on January 19, 2023. (ECF Nos. 47, 50.) On 9 April 17, 2023, the parties stipulated and obtained a second extension of deadlines. (ECF Nos. 75, 10 76.) The parties now stipulate an seek a third extension of deadlines because they are still 11 conducting written discovery, have written discovery disputes pending before this Court via 12 motion, pending before the U.S. District Court for the Central District of California, and currently 13 in the meet-and-confer phase between counsel for the parties that they are attempting to resolve. 14 As of the date of this Stipulation, because the parties wish to complete written discovery 15 to make sure they have all the relevant documents before taking the major fact witness depositions, 16 and because the Court has not set a claim construction hearing or issued a claim construction order, 17 the parties stipulate and respectfully submit that there is good cause for the requested extension. COMPLETED DISCOVERY 18 19 The parties’ prior stipulation details all of the fact discovery work that the parties conducted 20 prior to April 17, 2023, including discovery motion practice, meet-and-confer work, the few 21 limited depositions that occurred, subpoenas issued to third-parties, and patent-related 22 infringement and invalidity contentions and supplements thereof. (See ECF No. 75.) For 23 efficiency, the parties will not repeat that procedural history here. The parties will, however, 24 identify some of the written discovery issues that remain outstanding. 25 On May 13, 2022, Aim High, served a subpoena on non-parties Element Sante Fe Springs 26 (“Element”) and S&N Labs (“S&N”) seeking documents relating to testing done by one or both 27 of the non-parties for Spectrum on Aim High’s accused product. After Element and S&N, together 28 with Spectrum, objected to the subpoenas, Aim High filed an action in the Central District of 2 32232949.1 Case 2:22-cv-00158-GMN-DJA Document 85 Filed 07/18/23 Page 3 of 6 1 California seeking to compel compliance with its subpoenas. See AIM High Investment Group, 2 LLC v. Spectrum Laboratories, LLC, Case 8:22-mc-00011-DOC-ADS (C.D. Cal.) (the “CDCA 3 Action”). On October 20, 2022, the Magistrate denied Aim High’s motion to compel, and Aim 4 High filed an objection to the Magistrate’s ruling on November 3, 2022. On January 24, 2023, the 5 court indicated that Aim High’s objections are under consideration. As of the current date, no 6 decision by the court has been rendered. On December 16, 2022, Aim High filed a motion to strike Spectrum’s infringement 7 8 contentions (ECF No. 42). Spectrum filed its opposition on January 13, 2023 (ECF No. 48). Aim 9 High filed its reply on January 27, 2023 (ECF No. 52). On June 30, 2023, the Court granted Aim 10 High’s motion in part and denied it in part. (ECF No. 83.) The Order requires Spectrum to amend 11 two aspects of its infringement contentions, which Spectrum will do by the Court-ordered July 20, 12 2023 deadline. On December 30, 2022, Aim High filed a motion to compel seeking a court order 13 14 compelling Spectrum to respond to certain discovery requests (ECF No. 45). Spectrum filed its 15 opposition on January 27, 2023 (ECF No. 51). Aim High filed its reply on February 10, 2023 16 (ECF No. 55). Aim High’s motion has not yet been decided by the Court. On February 8, 2023, Spectrum filed a motion to compel seeking a court order compelling 17 18 Aim High to respond to certain discovery requests (ECF No. 53 – filed under seal; redacted version 19 filed February 28, 2023 – ECF No. 65). Aim High filed its opposition on February 22, 2023 (ECF 20 No. 61). Spectrum filed its reply on March 1, 2023 (ECF No. 66). Spectrum’s motion has not yet 21 been decided by the Court. On February 17, 2023, Aim High filed a motion for leave to file supplemental contentions 22 23 (ECF No. 58). Spectrum filed its opposition on March 13, 2023 (ECF No. 71). Aim High filed 24 its reply on March 24, 2023 (ECF No. 74). Aim High’s motion has not yet been decided by the 25 Court. 26 On June 9, 2021, Spectrum filed a motion to compel seeking a court order compelling Aim 27 High to produce samples of ingredients in the XStream product (ECF No. 80). Aim High filed its 28 opposition on June 23, 2023 (ECF No. 81). Spectrum filed its reply on June 30, 2023 (ECF No. 3 32232949.1 Case 2:22-cv-00158-GMN-DJA Document 85 Filed 07/18/23 Page 4 of 6 1 82). Spectrum’s motion has not yet been decided by the Court. REMAINING DISCOVERY 2 3 The parties are still completing written discovery, and the pending motions before this 4 Court and the CDCA Action could lead to more written discovery. Aim High expects to notice the 5 deposition of the inventor of the patents at issue along with a Rule 30(b)(6) deposition notice to 6 Spectrum and subpoenas to several other fact witnesses. Spectrum also intends to depose Aim 7 High’s owner, its Rule 30(b)(6) designee, and others; and Spectrum is continuing to follow-up 8 with the issued subpoenas to third-parties. There also has not been a claim construction hearing or 9 claim construction ruling, and the Court’s scheduling order contemplates that the next phase of 10 deadlines, such as expert discovery, not begin until after the claim construction ruling, so that the 11 experts can incorporate the claim construction ruling into their patent-specific opinions. GOOD CAUSE TO EXTEND DISCOVERY 12 13 The parties have been diligent in conducting discovery in this matter so far and remain 14 diligent in doing so. The parties need additional time to complete third-party discovery, including 15 working to obtain documents and potentially depositions from the third parties that have been 16 subpoenaed. The parties also need additional time to complete fact witness depositions. And the 17 parties also await the outcome of multiple discovery motions before the Court including Aim 18 High’s pending Motion to Compel, and Motion for Leave to File Supplemental Contentions as 19 well as Spectrum’s Motions to Compel as well as the still-pending Objection in the CDCA Action 20 – decisions which are not expected to be rendered prior to the current close of discovery on August 21 1, 2023. 22 In order to allow the parties more time to complete these fact discovery tasks and consistent 23 with the Court’s order providing for extensions upon request when the Court has yet to schedule a 24 claim construction hearing or render a claim construction order, the Parties have stipulated and 25 agreed to extend all discovery deadlines by ninety (90) days as set forth below1. For these reasons, 26 this Stipulation is made for good cause and not for purposes of delay. 27 28 1Where the revised deadline falls on a weekend, the revised deadline is the next court day. 4 32232949.1 Case 2:22-cv-00158-GMN-DJA Document 85 Filed 07/18/23 Page 5 of 6 1 2 3 4 PROPOSED SCHEDULE 5 Event 6 Deadline 7 Discovery Cut-Off October 30, 2023 8 Claim Construction Hearing, Tutorials and Order Hearing: TBD 9 Order: Oct. 16, 2023 (est.) 10 [If the Court is unable to issue its Order by Oct. 16, 2023, the Court may reset the subsequent deadlines as requested by a party or by stipulation] 11 12 January 15, 2024 [30 days after Claim Construction Order] 14 Disclosure of Amended Contentions under LPR 1-18a, and Opinion of Counsel Defense under LPR 1-18b 15 Expert Designations 16 Rebuttal Expert Designations December 15, 2023 [60 days after Claim Construction Order] Jan. 15, 2024 [30 days later] Expert Discovery Cut-Off Feb. 13, 2024 [30 days later] Dispositive Motion Deadline March 14, 2024, [30 days later] 13 17 18 19 20 Dated: July 13, 2023 21 IT IS SO AGREED AND STIPULATED: 22 GILE LAW GROUP, LTD MCDONALD HOPKINS LLC /s/ Ryan Gile Ryan Gile, Esq. rg@gilelawgroup.com Nevada Bar No. 8807 1180 N. Town Center Drive, Suite 100 Las Vegas, Nevada 89144 /s/ Matthew J. Cavanagh DAVID B. CUPAR, ESQ. (Admitted Pro Hac Vice) MATTHEW J. CAVANAGH, ESQ. (Admitted Pro Hac Vice) 600 Superior Avenue East, Suite 2100 Cleveland, OH 44114 Tel: (216) 348-5730 Fax: (216) 5474 23 24 25 26 27 28 DICKINSON WRIGHT PLLC 5 32232949.1 Case 2:22-cv-00158-GMN-DJA Document 85 Filed 07/18/23 Page 6 of 6 1 2 3 4 5 JAMES K. CLELAND (Admitted Pro Hac Vice) 350 S. Main Street, Suite 300 Ann Arbor, MI 48104, JCleland@dickinsonwright.com Email: dcupar@mcdonaldhopkins.com mcavanagh@mcdonaldhopkins.com HOLLEY DRIGGS NICHOLAS J. SANTORO Nev. Bar No. 532 JASON D. SMITH, ESQ. Nev. Bar. No. 9691 300 South 4th Street, Suite 1600 Las Vegas, Nevada 89101 Telephone: (702) 791-0308 Facsimile: (702) 791-1912 E-mail: nsantoro@nevadalaw.com E-mail: jsmith@nevadalaw.com Attorneys for Plaintiff/Counter-Defendant Aim High Investment Group, LLC 6 7 8 9 Attorneys for Defendant/Counterclaimant Spectrum Laboratories, LLC 10 11 IT IS SO ORDERED: 12 13 UNITED STATES MAGISTRATE JUDGE 14 15 DATED: 16 17 18 19 20 21 22 23 24 25 26 27 28 6 32232949.1 7/18/2023
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