Atlantic-Pacific Processing Systems, Inc. v. Dermaktive, LLC et al, No. 2:2016cv00739 - Document 111 (D. Nev. 2017)
Court Description: ORDER Granting 110 Stipulation. The 106 Emergency Motion to Quash Subpoenas is Denied as moot and the hearing set for 11/16/2017 is vacated. Signed by Magistrate Judge Peggy A. Leen on 11/14/2017. (Copies have been distributed pursuant to the NEF - SLD)
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Atlantic-Pacific Processing Systems, Inc. v. Dermaktive, LLC et al Doc. 111 Case 2:16-cv-00739-JAD-PAL Document 110 Filed 11/08/17 Page 1 of 7 Joseph Kistler NV State Bar No. 3458 jkistler@hutchlegal.com Todd W. Prall NV State Bar No. 9154 tprall@hutchlegal.com HUTCHISON & STEFFEN, LLC Peccole Professional Park 10080 Alta Drive, Suite 200 Las Vegas, Nevada 89145 Telephone: (702) 385-2500 Facsimile: (702) 385-2086 Dirk 0. Julander CA State Bar No. 132313 doj@jbblaw.com JULANDER, BROWN & BOLLARD 9110 Irvine Center Drive Irvine, California 92618 Telephone: (949) 477-2100 Facsimile: (949) 477-6355 Attorneys for Plaintiff, Atlantic-Pacific Processing Systems, Inc. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ATLANTIC-PACIFIC PROCESSING SYSTEMS, INC., a California corporation, Plaintiff, vs. DERMAKTIVE, LLC, a Florida limited liability company; JORDAN DUFNER, a Connecticut resident; ADAM WELLINGTON, a Connecticut resident; JOE HELEWA, a New York resident; UPSURGE, LLC, a Delaware limited liability company; UPSURGE MEDIA GROUP, LLC, a Delaware limited liability company; WIDO, LLC, a Delaware limited liability company; DENIS BETSI, an Ontario, Canada resident; Tl PAYMENTS, LLC, a Nevada limited liability company; and DONALD KASDON, a Nevada resident, Case No. 2:16-CV-00739-JAD-(PAL) Assigned to: Judge Jennifer A. Dorsey & Magistrate Judge Peggy A. Leen STIPULATION AND [PROPOSED] ORDER RE: EMERGENCY MOTION RE: KASDON AND FAIRCHILD SUBPOENAS Defendants 2: 16-CV-00739-JAD-(PAL) STIPULATION RE: EMERGENCY MOTION RE: KASDON/FAIRCHILD SUBPOENAS Dockets.Justia.com Case 2:16-cv-00739-JAD-PAL Document 110 Filed 11/08/17 Page 2 of 7 1 DERMAKTIVE, LLC, a Florida limited liability company; and JORDAN DUFNER, a Connecticut 2 resident, 3 4 5 6 7 Counter-Plaintiffs vs. ATLANTIC-PACIFIC PROCESSING SYSTEMS, INC., a California corporation, Counter-Defendants 8 9 Non-party AMBER FAIRCHILD and DONALD KASDON (collectively the 10 "Deponents"), on the one hand, and Plaintiff ATLANTIC-PACIFIC PROCESSING 11 SYSTEMS, INC. ("APPS"), on the other hand, by and through their respective counsel, ;; 12 hereby agree to the following recitals and submit the following Stipulation and Order in '""- < ,_ 13 resolution of the Non-Party Amber Fairchild and Donald Kasdon's Emergency Motion to < 14 Quash Deposition Subpoenas (Dkt. No. 106) (the "Emergency Motion"). w z ;r - 0 15 RECITALS i- 16 WHEREAS, on May 5, 2017, counsel for APPS issued Deposition Subpoenas for 17 the Deponents to take place on June 27, 2017 and June 28, 2017 in Las Vegas, Nevada, 18 where the deponents resided; 19 20 21 WHEREAS, on June 1, 201 7, counsel for the Deponents, Michael Cristalli, contacted APPS' s counsel requesting that the deposition dates be continued; WHEREAS, on July 7, 2017, Michael Cristalli expressly agreed in open court to 22 accept service of the Deposition Subpoenas on behalf of the Deponents (Dkt. No. 78); 23 WHEREAS, Mr. Cristalli requested that the depositions of the Deponents take 24 place in October 201 7 in Las Vegas to accommodate the Deponents' anticipated move to 25 Florida in August; 26 WHEREAS, APPS agreed to postpone the depositions to October on the condition 27 that the Deponents would agree to be deposed in Nevada; 28 2 2:16-CV-00739-JAD-(PAL) STIPULATION AND ORDER RE: EMERGENCY MOTION RE: KASDON/FAIRCHILD SUBPOENAS Case 2:16-cv-00739-JAD-PAL Document 110 Filed 11/08/17 Page 3 of 7 1 WHEREAS, pursuant to his agreement to accept service, and after the parties "met 2 and conferred" on the dates and location of the depositions, on August 17, 201 7, Mr. 3 Cristalli was served with Deposition Subpoenas for the Deponents' depositions to take 4 place in Las Vegas on October 25th (Kasdon) and 26th (Fairchild), 2017; 5 WHEREAS, witness fees for the depositions were tendered on September 1, 2017; 6 WHEREAS, on October 10, 201 7, Mr. Cristalli notified counsel for APPS of a 7 family emergency necessitating the continuance of the October depositions; WHEREAS, Mr. Cristalli agreed, on behalf of Mr. Kasdon, that all documents 8 9 responsive to the document requests in his Subpoena would be produced in October 2017; 10 WHEREAS, Mr. Cristalli agreed to reimburse the costs associated with 11 changing/cancelling airline flights related to the October depositions; 12 .J i- < Ill >- WHEREAS, when the parties could not immediately agree on the dates/locations 13 of the continued Depositions, Mr. Cristalli filed the Emergency Motion; 14 WHEREAS, since the filing of the Emergency Motion, the parties have reached an 15 agreement that the Deposition of Amber Fairchild will take place on January 10, 2018, i- < 16 beginning at 9:00 a.m., at First Choice Reporting-Miami, 44 West Flagler Street, Suite 17 300, Miami, FL 33130; 18 WHEREAS, since the filing of the Emergency Motion, the parties have reached an 19 agreement that the Deposition of Donald Kasdon will take place on January 9, 2018, 20 beginning at 9:00 a.m., at First Choice Reporting-Miami, 44 West Flagler Street, Suite 21 300, Miami, FL 33130; and 22 WHEREAS, since the filing of the Emergency Motion, Kory Kaplan has left the 23 firm of Gentile, Cristalli, Miller, Armeni, Savaresse but continues to represent the 24 Deponents through his new law firm of Larson, Zirzow & Kaplan and is authorized to 25 accept service of the amended Deposition Subpoenas on behalf of the Deponents; 26 I I I 27 I I I 28 I I I 3 2:16-CV-00739-JAD-(PAL) STIPULATION AND ORDER RE: EMERGENCY MOTION RE: KASDON IF AIRCHILD SUBPOENAS Case 2:16-cv-00739-JAD-PAL Document 110 Filed 11/08/17 Page 4 of 7 1 2 STIPULATION IT IS THEREFORE STIPULATED AND AGREED by and between the parties 3 hereto as follows: 4 5 6 1. The undersigned counsel for the Deponents, Kory Kaplan, has authority to, and will, accept service of amended Deposition Subpoenas on behalf of the Deponents; 2. The Deposition of Amber Fairchild will take place on January 10, 2018, 7 beginning at 9:00 a.m., at First Choice Reporting-Miami, 44 West Flagler Street, Suite 8 9 300, Miami, FL 33130; 3. The Deposition of Donald Kasdon will take place on January 9, 2018, 10 11 ""'"""' beginning at 9:00 a.m., at First Choice Reporting-Miami, 44 West Flagler Street, Suite 300, Miami, FL 33130; s 12 4. The witness fees previously tendered to the Deponents on September 1, 2017 < !- < try >- 13 14 will satisfy the requirements of Fed. R. Civ. P. 45(b)(l); 5. Deponent Donald Kasdon will produce all documents responsive to his ill z - :r Q !!- < 15 Deposition Subpoena which have not already been produced within 10 days; and 16 6. The deponents will reimburse APPS and its counsel for the costs incurred in 17 connection with changing/cancelling the flights for the previously-scheduled October 18 19 depositions in the amount of $203.02. IT IS SO STIPULATED. 20 DATED this 21 gth day ofNovember, 2017 JULANDER, BROWN & BOLLARD 22 23 24 25 26 27 By DIRK 0. JULANDER Pro Hae Vice 9110 Irvine Center Drive Irvine, California 92618 Tel. (949) 477-2100 Attorneys for Plaintiff and Cross-Defendant Atlantic-Pacific Processing Systems, Inc 28 4 2:16-CV-00739-JAD-(PAL) STIPULATION AND ORDER RE: EMERGENCY MOTION RE: KASDON IF AIRCHILD SUBPOENAS Case 2:16-cv-00739-JAD-PAL Document 110 Filed 11/08/17 Page 5 of 7 1 DATED this 8th day of November, 2017 2 LARSON, ZIRZOW & KAPLAN 3 4 5 6 7 850 E. Bonneville Ave. Las Vegas, NV 89101 Tel. (702) 382-1170 Attorneys for Defendants Tl Payments, LLC and Donald Kasdon and Non-Party Amber Fairchild 8 9 10 ORDER 11 5 12 < f- < 13 Based on the foregoing Stipulation and good cause appearing, it is hereby ORDERED as follows: 1. 14 w - 0 i- 15 behalf of Deponents Donald Kasdon and Amber Fairchild; 2. 16 17 18 21 300, Miami, FL 33130; 3. 300, Miami, FL 33130; 4. 26 27 28 The witness fees previously tendered to the Deponents on September 1, 2017 shall satisfy the requirements of Fed. R. Civ. P. 45(b)(l); 5. 24 25 The Deposition of Donald Kasdon shall take place on January 9, 2018, beginning at 9:00 a.m., at First Choice Reporting - Miami, 44 West Flagler Street, Suite 22 23 The Deposition of Amber Fairchild shall take place on January 10, 2018, beginning at 9:00 a.m., at First Choice Reporting - Miami, 44 West Flagler Street, Suite 19 20 Kory Kaplan shall accept service of amended Deposition Subpoenas on Deponent Donald Kasdon shall immediately produce all documents responsive to his Deposition Subpoena which have not been previously produced by him within 10 days; and I II Ill 5 2:16-CV-00739-JAD-(PAL) STIPULATION AND ORDER RE: EMERGENCY MOTION RE: KASDON IF AIRCHILD SUBPOENAS Case 2:16-cv-00739-JAD-PAL Document 110 Filed 11/08/17 Page 6 of 7 1 2 6. The Deponents shall reimburse APPS and its counsel for the costs incurred in connection with changing/cancelling the flights for the previously-scheduled October 3 depositions in the amount of $203.02, payable within 10 days to the Julander, Brown & 4 Bollard Client Trust Account. 5 6 7 8 9 10 11 $ 12 ""-"< 13 < < ill z oc 0 IT IS SO ORDERED. IT IS SO ORDERED. IT IS FURTHER ORDERED that the Emergency Motion to Quash Subpoenas (ECF No. 106) is DENIED as moot and the hearing on that motion, currently set for November 16, 2017 is VACATED. U.S. Magistrate Judge Date: __________________________ Peggy A. Leen United States Magistrate Judge Dated: November 14, 2017 14 15 1-- I- < 16 17 18 19 20 21 22 23 24 25 26 27 28 6 2:16-CV-00739-JAD-(PAL) STIPULATION AND ORDER RE: EMERGENCY MOTION RE: KASDON IF AIRCHILD SUBPOENAS Case 2:16-cv-00739-JAD-PAL Document 110 Filed 11/08/17 Page 7 of 7 1 2 CERTIFICATE OF SERVICE I hereby certify that on this 8th day of November, 2017, a true and correct copy 3 of STIPULATION AND [PROPOSED] ORDER RE: EMERGENCY MOTION RE: 4 KASDON AND FAIRCHILD SUBPOENAS was served via the United States District Court 5 CM/ECF system on all parties or persons requiring notice. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By Stephanie Hernandez, an Employee of JULANDER, BROWN & BOLLARD,
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