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Atlantic-Pacific Processing Systems, Inc. v. Dermaktive, LLC

United States District Court, D. Nevada

January 4, 2018

ATLANTIC-PACIFIC PROCESSING SYSTEMS, PNC, a California corporation, Plaintiff,
v.
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 KADSON, a Nevada resident, Defendants. DERMAKTIVE, LLC, a Florida limited liability company; and JORDAN DUFNER, a Connecticut resident, Counter-Plaintiffs,
v.
ATLANTIC-PACIFIC PROCESSING SYSTEMS, INC., a California corporation, Counter-Defendant.

          JULANDER, BROWN & BOLLARD, DIRK O. JULANDER PRO HAC VICE ATTORNEYS FOR PLAINTIFFS AND CROSS DEFENDANT ATLANTIC-PACIFIC PROCESSING SYSTEMS, INC

          LARSON, ZIRZOW & KAPLAN KORY L. KAPLAN, ATTORNEY FOR DONALD KASDON AND TI PAYMENT LLC

          STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS DONALD KASDON AND Tl PAYMENTS LLC'S EMERGENCY MOTION TO QUASH SUBPOENAS DUCES TECUM AND FOR PROTECTIVE ORDER [DKT. 121] AND SUPPLEMENT TO EMERGENCY MOTION TO QUASH SUBPOENAS DUCES TECUM AND FOR PROTECTIVE ORDER [DKT. 122].

         Defendants Tl PAYMENTS LLC and DONALD KASDON (the "Tl Parties"), and, Plaintiff ATLANTIC-PACIFIC PROCESSING SYSTEMS, INC. ("APPS"), Defendants DERMAKTIVE, LLC, JORDAN DUFNER, and specially appearing Defendants ADAM WELLINGTON, UPSURGE, LLC, UPSURGE MEDIA GROUP, LLC, and WIDO, LLC (the "DermAktive Defendants") (all parties hereto collectively the "Parties"), by and through their respective counsel, hereby agree as follows and submit the following Stipulation and [Proposed] Order by and through their counsel, and hereby agree to the following recitals in resolution of Defendants Donald Kasdon and Tl Payments LLC's Emergency Motion to Quash Subpoenas Duces Tecum and for Protective Order [Dkt. 121] and Supplement thereto [Dkt. 122].

         RECITALS

         WHEREAS, On December 7, 2017, counsel for the Tl Parties was notified for the first time by counsel for APPS that Subpoenas Duces Tecum were issued to Vantiv, LLC; Network Merchants, LLC; and Payvision (collectively, the "Subpoenas"); WHEREAS, On December 8, 2017, counsel for the Tl Parties sent an Objection Letter to the Subpoenas.

         WHEREAS, On December 8, 2017, Kory L. Kaplan, Esq. ("Mr. Kaplan"), counsel for the Tl Parties, and Catherine A. Close, Esq. ("Ms. Close"), counsel for APPS, met and conferred.

         WHEREAS, On December 8, 2017, Donald Kasdon and Tl Payments LLC filed an Emergency Motion to Quash Subpoenas Duces Tecum and for Protective Order [Dkt. 121].

         WHEREAS, On December 11, 2017, the Tl Parties filed a Supplement to their Emergency Motion to Quash Subpoenas Duces Tecum and for Protective Order [Dkt. 122].

         WHEREAS, On December 14, 2017, APPS filed a Response to the Tl Parties' Emergency Motion to Quash Subpoenas Duces Tecum and for Protective Order [Dkt. 125].

         WHEREAS, Between December 18, 2017 and December 20, 2017, Mr. Kaplan and Ms. Close "met and conferred" again and were able to come to an agreement as outlined in this stipulation.

         WHEREAS, Ms. Close:

         (1) notified all subpoenaed parties that the previously issued subpoenas duces tecum were withdrawn and reissued with notice to undersigned counsel;

         (2) notified Quantum Legal Support and Hutchison & Steffen, the deposition officers, to destroy all records provided in response to the subpoenas duces tecum, and any copies, notes or other materials that would reveal the contents of the documents received, if any have been produced or received; and

         (3) provided declarations from Quantum Legal Support and Hutchison & Steffen stating that any documents that had already been received were not produced to APPS or its counsel and that no documents were able to be ...


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