Ina v. CV Sciences, Inc. et al, No. 2:2018cv01602 - Document 95 (D. Nev. 2020)

Court Description: ORDER granting in part and denying in part 93 Stipulation; Re: 88 Motion to Compel. Responses extended by one week. IT IS ORDERED that the deadlines in the operative DPSO are extended by only 30 days. Signed by Magistrate Judge Brenda Weksler on 10/16/2020. (Copies have been distributed pursuant to the NEF - JM)
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Ina v. CV Sciences, Inc. et al Doc. 95 Case 2:18-cv-01602-JAD-BNW Document 93 Filed 10/14/20 Page 1 of 7 1 2 3 4 5 6 7 8 9 10 11 Martin A. Muckleroy State Bar #9634 MUCKLEROY LUNT, LLC 6077 S. Fort Apache Rd., Ste 140 Las Vegas, NV 89148 Telephone: 702-907-0097 Facsimile: 702-938-4065 Email: martin@muckleroylunt.com Richard W. Gonnello (pro hac vice) Email: rgonnello@faruqilaw.com Dillon Hagius (pro hac vice) Email: dhagius@faruqilaw.com FARUQI & FARUQI, LLP 685 Third Avenue, 26th Floor New York, NY 10017 Telephone: 212-983-9330 Facsimile: 212-983-9331 Attorneys for Lead Plaintiff Richard Ina, Trustee for the Ina Family Trust 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 16 IN RE: CV SCIENCES, INC. SECURITIES LITIGATION Case No. 2:18-cv-01602-JAD-BNW CLASS ACTION 17 18 19 20 This Document Relates to: All Actions JOINT STIPULATION AND [PROPOSED] ORDER TO ALTER DISCOVERY DEADLINES (SECOND REQUEST) AND DEADLINES RELATED TO MOTION TO COMPEL 21 22 23 24 25 26 27 28 Dockets.Justia.com Case 2:18-cv-01602-JAD-BNW Document 93 Filed 10/14/20 Page 2 of 7 1 Pursuant to Local Rule 26-4, Lead Plaintiff Richard Ina, Trustee for the Ina Family Trust 2 (“Plaintiff”), and Defendants CV Sciences, Inc., Michael Mona, Jr., Joseph D. Dowling, and 3 Michael Mona, III (“Defendants”), by and through their undersigned counsel, hereby stipulate to 4 extend the discovery deadlines and other deadlines in the February 19, 2020 Stipulated Discovery 5 Plan and Scheduling Order Pursuant to Fed. R. Civ. P. 26(f) and Local Rule 26-1 (ECF No. 78) 6 (the “Discovery Scheduling Order”) and Joint Stipulation and Order to Alter Discovery Deadlines 7 (First Request) (ECF Nos. 83 and 84) as follows: 8 1. Completed Discovery 9 The parties have engaged in discovery since the Discovery Scheduling Order was entered 10 in February 2020 and the Stipulated Order was entered in June 2020. In March 2020, the parties 11 exchanged initial disclosures. In April 2020, the parties entered into a protective order (ECF No. 12 81) and Plaintiff served document requests and Plaintiff’s first set of interrogatories and requests 13 for admission on Defendants. In May 2020, Plaintiff served a second set of interrogatories on 14 Defendants Joseph D. Dowling and Michael Mona, III. In June 2020, Defendants served 15 objections and responses to Plaintiff’s discovery requests. Plaintiff thereafter engaged with 16 Defendants in meet and confer efforts concerning their objections and responses to his discovery 17 requests. These efforts are still ongoing with Defendants CV Sciences, Inc. and Joseph Dowling. 18 In July 2020, Defendant CV Sciences, Inc. served requests for production, a request for admission, 19 and interrogatories on Plaintiff. In August 2020, Plaintiff objected and responded to these requests 20 and produced responsive documents. In September 2020, Defendants CV Sciences, Inc. and 21 Joseph Dowling produced documents responsive to Plaintiff’s earlier requests for production. 22 Finally, in October 2020, Plaintiff filed a motion to compel and for sanctions related to the Mona 23 Defendants’ discovery responses (ECF No. 88). This motion is still pending. 24 2. Remaining Discovery 25 Plaintiff is in the process of reviewing CV Sciences, Inc.’s and Joseph Dowling’s document 26 production and may thereafter present any challenges to the production. Moreover, Defendants 27 will need to provide a privilege log for the responsive documents that they have withheld. 28 Defendants are also in the process of reviewing Plaintiff’s document production and may thereafter 1 Case 2:18-cv-01602-JAD-BNW Document 93 Filed 10/14/20 Page 3 of 7 1 present any challenges to the production. In light of the volume of responsive information that 2 may still need to be produced and reviewed by the parties, relevant witnesses have not been 3 completely identified, depositions have not yet been noticed, third-party subpoenas have not been 4 issued, and class certification discovery has not concluded. 5 3. Good Cause 6 Good cause to extend the discovery deadlines set forth in the Discovery Scheduling Order 7 exists because the current deadline for the end of fact discovery—by which date all depositions 8 must be completed—is January 8, 2021. The parties will not be able to review documents, resolve 9 their various pending and potentially upcoming challenges of each other’s responses and 10 productions, or conduct depositions of all witnesses by this date (especially if depositions require 11 parties or their counsel to travel). These concerns are magnified by ongoing difficulties related to 12 the Covid-19 pandemic. Pursuant to Local Rule 26-3, this request is being made more than 21 13 days prior to the January 8, 2021 deadline, and it is the parties’ second request for an extension of 14 the discovery deadlines. 15 4. Current Discovery Deadlines 16 The following dates are the discovery deadlines currently set forth in the Discovery 17 18 19 20 21 22 Scheduling Order: End of Fact Discovery: January 8, 2021 Time from answer to close of fact discovery: 367 days Motion to Amend or Add New Parties: February 8, 2021 Interim Status Report: March 2, 2021 Expert Report and Disclosures 23 o Initial Reports Due: March 9, 2021 24 o Rebuttal Reports Due: April 9, 2021 25 26 Close of Discovery: May 6, 2021 Dispositive Motions 27 o Opening Brief: June 7, 2021 28 o Opposition Brief: July 22, 2021 2 Case 2:18-cv-01602-JAD-BNW Document 93 Filed 10/14/20 Page 4 of 7 o Reply Brief: August 12, 2021 1 2 5. Proposed Discovery Deadlines 3 The parties have agreed to an extension of approximately 3.5 months to each of the 4 deadlines set forth in the current Discovery Scheduling Order, as set forth below: 5 6 7 8 9 End of Fact Discovery: April 22, 2021 Time from answer to close of fact discovery: 471 days Motion to Amend or Add New Parties: May 24, 2021 Interim Status Report: June 16, 2021 Expert Report and Disclosures 10 o Initial Reports Due: June 23, 2021 11 o Rebuttal Reports Due: July 23, 2021 12 13 Close of Discovery: August 20, 2021 Dispositive Motions 14 o Opening Brief: September 21, 2021 15 o Opposition Brief: November 5, 2021 16 o Reply Brief: December 3, 20211 NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by Plaintiff and 17 18 Defendants, through their respective counsel, to the entry of an Order extending the deadlines in 19 the Discovery Scheduling Order as set forth above. Additionally, Plaintiff and Defendants have met and conferred and stipulate to a brief 20 21 extension of the Mona Defendants’ time to respond to Plaintiff’s Motion to Compel Discovery 22 from and Sanction the Mona Defendants (ECF No. 88) for one week based on the complexity of 23 the issues raised therein. NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by Plaintiff and 24 25 Defendants, through their respective counsel, to the entry of an Order extending the deadline for 26 27 1 28 This deadline is extended by seven additional days to account for the Thanksgiving holiday. 3 Case 2:18-cv-01602-JAD-BNW Document 93 Filed 10/14/20 Page 5 of 7 1 any Opposition to Plaintiff’s Motion to Compel Discovery from and Sanction the Mona 2 Defendants (ECF No. 88) to October 26, 2020, with any Reply due by November 2, 2020. 3 IT IS SO STIPULATED. Respectfully submitted, 4 5 Dated: October 14, 2020 6 By: /s/ Richard W. Gonnello Richard W. Gonnello Martin A. Muckleroy State Bar #9634 MUCKLEROY LUNT, LLC 6077 S. Fort Apache Rd., Ste 140 Las Vegas, NV 89148 Telephone: 702-907-0097 Facsimile: 702-938-4065 Email: martin@muckleroylunt.com 7 8 9 10 11 Richard W. Gonnello (pro hac vice) Email: rgonnello@faruqilaw.com Dillon J. Hagius (pro hac vice) Email: dhagius@faruqilaw.com FARUQI & FARUQI, LLP 685 Third Avenue, 26th Floor New York, NY 10017 Telephone: 212-983-9330 Facsimile: 212-983-9331 12 13 14 15 16 17 Attorneys for Lead Plaintiff Lead Plaintiff Richard Ina, as Trustee for The Ina Family Trust 18 19 20 21 22 23 24 25 26 27 28 Dated: October 14, 2020 By: /s/ Eric A. Plourde Eric A. Plourde PROCOPIO, CORY, HARGRAVES & SAVITCH LLP Jeffery A. Garofalo State Bar # 7345 3960 Howard Hughes Pkwy., Ste 500 Las Vegas, NV 89469 Tel: 702-216-2685 Fax: 619-788-5535 E-mail: jeff.garofalo@procopio.com S. Todd Neal (pro hac vice) Eric A. Plourde (pro hac vice) 525 B Street, Ste 2200 San Diego, CA 92101 4 Case 2:18-cv-01602-JAD-BNW Document 93 Filed 10/14/20 Page 6 of 7 Tel: 619-525-3890 Fax: 619-398-0190 E-mail:todd.neal@procopio.com 1 2 Attorneys for Defendants CV Sciences, Inc. & Joseph D. Dowling 3 4 Dated: October 14, 2020 By: 5 /s/Michael D. Maupin Michael D. Maupin 6 MARQUIS AURBACH COFFING 7 Terry A. Coffing State Bar # 4949 Michael D. Maupin State Bar # 13721 10001 Park Run Drive Las Vegas, NV 89145 Tel: 702-382-0711 Fax: 702-856-8972 E-mail: tcoffing@maclaw.com E-mail: mmaupin@maclaw.com 8 9 10 11 12 13 14 Attorneys for Defendants Michael Mona, Jr. & Michael Mona, III 15 16 ORDER 17 IT IS SO ORDERED that the Stipulated Discovery Plan and Scheduling Order Pursuant to The parties' stipulation is GRANTED in part and DENIED in part. Fed. R. Civ. P. 26(f) and Local Rule 26-1 (ECF No. 78), Stipulated Order to Alter Discovery The Court grants the parties' request for a one-week extension of the deadline to file Deadlines Request) Nos. 8388. and 84), and deadlines related to Plaintiff’s Motion to responses(First to the motion(ECF at ECF No. 18 19 20 21 22 23 24 25 26 Compel Discovery from and Sanction the Mona Defendants (ECF No. 88) are amended pursuant Regarding the parties' desire to displace the deadlines in the discovery plan and to the terms herein. scheduling order ("DPSO") by 3.5 months, the Court recognizes the complexity of this case but it finds that the basis for the parties' request is somewhat speculative (e.g., "potentially upcoming challenges"). The Court is happy to consider a subsequent extension if the parties can offer more concrete reasons for why discovery cannot be safely completed, but for now IT IS ORDERED that the deadlines in the operative DPSO are extended by only 30 days. ____________________________________ IT IS SO ORDERED UNITED STATES DISTRICT/MAGISTRATE JUDGE DATED: 12:21 pm, October 16, 2020 DATED: _______________ 27 28 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 5