United States District Court, D. Nevada
J. Cassity, David J. Freeman, HOLLAND & HART LLP, Thomas
Sporkin, Timothy J. Coley, BUCKLEYSANDLER, LLP, Attorneys for
Defendants Barry K. Epling, Ferris Holding, Inc., and Hobbes
Oliver, Daniel J. Wadley, James J. Thibodeau, Attorneys for
Plaintiff Securities and Exchange Commission Salt Lake
Regional Office, Attorneys for Plaintiff Securities and
STIPULATION AND ORDER TO EXTEND RESPONSE AND REPLY DEADLINES
FOR: (1) PLAINTIFF'S MOTION FOR IMPOSITION OF SANCTIONS
AGAINST DEFENDANTS BARRY K. EPLING, FOR FABRICATION OF
EVIDENCE AND AGAINST DEFENDANTS BARRY K. EPLING AND BRUCE J.
PERLOWIN FOR FALSE TESTIMONY [ECF NO. 92] [SECOND REQUEST]
AND (2) PLAINTIFF'S MOTION FOR IMPOSITION OF SANCTIONS
AGAINST DEFENDANTS FERRIS HOLDING, INC., BARRY K. EPLING, AND
HOBBES EQUITIES, INC. FOR FABRICATION OF EVIDENCE [ECF NO.
to LR IA 6-1, Plaintiff and Certain Defendants1 herein, by
and through their attorneys of record, stipulate as follows:
October 26, 2017, Plaintiff filed a Motion for Imposition
of Sanctions Against Defendants Barry K. Epling, For
Fabrication of Evidence and Against Defendants Barry K.
Epling and Bruce J. Perlowin for False Testimony (ECF
No. 92) (“First Sanctions Motion”).
October 31, 2017, this Court issued an order granting the
parties Joint Stipulation and Order to Extend Response
and Reply Deadlines for Plaintiffs Motion in Limine and
Plaintiff's Motion for Imposition of Sanctions (the
Order extended the response deadline to the First Sanctions
Motion until November 20, 2017 and the reply deadline until
December 20, 2017.
November 2, 2017, Plaintiff filed a Motion for Imposition
of Sanctions Against Defendants Ferris Holdings, Inc., Barry
K. Epling and Hobbes Equities, Inc. for Fabrication of
Evidence (ECF No. 97) (“Second Sanctions
Under the Rules, the current deadline for Certain Defendants
to respond to the Second Sanctions Motion is November 16,
2017, and the current deadline for Plaintiff to file a reply
is November 27, 2017.
parties hereby seek an extension of the response deadlines
for the First and Second Sanctions Motions (the
“Motions”) until December 4,
2017, and until January 3,
2018 for the reply deadlines (30 days
is the parties' second request for an extension of the
response and reply deadlines with respect to the First
is the parties first request for an extension of the response
and reply deadlines with respect to the Second Sanctions
reasons warranting additional time for the response and reply
deadlines are as follows:
a. Certain Defendants recently retained special counsel,
Thomas E. Littler, Esq. (“Mr. Littler”), in the
above-referenced case to respond to the recently filed
Motions. Mr. Littler is licensed in Arizona, not Nevada, and
is currently preparing his Pro Hac Vice application. He
applied to the Arizona Supreme Court for the required
certificate of good standing and received it on Tuesday.
Additional time will be required to get the application filed
and obtain permission to ...