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Securities and Exchange Commission v. Hemp, Inc.

United States District Court, D. Nevada

November 17, 2017

SECURITIES AND EXCHANGE COMMISSION Plaintiff,
v.
HEMP, INC. a Colorado Corporation; BRUCE J. PERLOWIN, an individual; BARRY K. EPLING, an individual; JED M. PERLOWIN, an individual; FERRIS HOLDING, INC., a private Nevada Corporation; HOBBES EQUITIES INC., a private Nevada Corporation; DIVERSIFIED INVESTMENTS LLC, a private Nevada Limited Liability Company; and QUANTUM ECONOMIC PROTOCOLS LLC, a private Nevada Limited Liability Company, Defendants.

          Robert 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 Equities Inc.

          Amy J. Oliver, Daniel J. Wadley, James J. Thibodeau, Attorneys for Plaintiff Securities and Exchange Commission Salt Lake Regional Office, Attorneys for Plaintiff Securities and Exchange Commission.

         JOINT 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. 97]

         Pursuant to LR IA 6-1, Plaintiff and Certain Defendants1 herein, by and through their attorneys of record, stipulate as follows:

         1. On 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”).

         2. On 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”).

         3. The Order extended the response deadline to the First Sanctions Motion until November 20, 2017 and the reply deadline until December 20, 2017.

         4. On 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 Motion”).

         5. 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.

         6. The 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 thereafter).

         7. This is the parties' second request for an extension of the response and reply deadlines with respect to the First Sanctions Motion.

         8. This is the parties first request for an extension of the response and reply deadlines with respect to the Second Sanctions Motion.

         9. The 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 ...

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