Filed: Dec. 22, 2017
Latest Update: Dec. 22, 2017
Summary: FURTHER JOINT STATUS REPORT TO MAGISTRATE JUDGE CAM FERENBACH CAM FERENBACH , Magistrate Judge . WHEREAS, by Order dated January 11, 2016, (D.E. 34), Judge Boulware ordered that the current action shall continue to be stayed pending a resolution of the motion to dismiss in the related action styled as In re: CannaVest Corp., Securities Litigation " under case no. 14-cv-2900 (hereafter, the "New York Federal Securities Action"); WHEREAS, Judge Boulware, also on January 11, 2016, ordered
Summary: FURTHER JOINT STATUS REPORT TO MAGISTRATE JUDGE CAM FERENBACH CAM FERENBACH , Magistrate Judge . WHEREAS, by Order dated January 11, 2016, (D.E. 34), Judge Boulware ordered that the current action shall continue to be stayed pending a resolution of the motion to dismiss in the related action styled as In re: CannaVest Corp., Securities Litigation " under case no. 14-cv-2900 (hereafter, the "New York Federal Securities Action"); WHEREAS, Judge Boulware, also on January 11, 2016, ordered t..
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FURTHER JOINT STATUS REPORT TO MAGISTRATE JUDGE CAM FERENBACH
CAM FERENBACH, Magistrate Judge.
WHEREAS, by Order dated January 11, 2016, (D.E. 34), Judge Boulware ordered that the current action shall continue to be stayed pending a resolution of the motion to dismiss in the related action styled as In re: CannaVest Corp., Securities Litigation" under case no. 14-cv-2900 (hereafter, the "New York Federal Securities Action");
WHEREAS, Judge Boulware, also on January 11, 2016, ordered the parties to submit a written Status Report to Magistrate Cam Ferenbach as to the status of the motion to dismiss in the New York Federal Securities Action on or before March 31, 2016;
WHEREAS, in the New York Federal Securities Action the lead plaintiff filed a consolidated complaint on September 14, 2015, and Defendants responded with a motion to dismiss on December 11, 2015;
WHEREAS, the lead plaintiff in the New York Federal Securities Action served its Opposition to Defendants' Motion to Dismiss on March 21, 2016;
WHEREAS, the Court in the New York Federal Securities Action uses the "bundling" method of having a motion presented to it only after all the papers have been served;
WHEREAS, the Defendants' motion to dismiss the New York Federal Securities Action has been fully briefed, with all papers having been docketed on September 30, 2016;
WHEREAS, the Defendants' motion to dismiss the New York Federal Securities Action is currently under submission with the Southern District of New York;
WHEREAS, the Southern District of New York has not set or requested a hearing on the Defendants' motion to dismiss the New York Federal Securities Action, and presently the parties expect that court to issue an opinion based solely on the papers, unless the parties are advised otherwise;
WHEREAS, there are no motions presently pending before this Court;
WHEREAS, the parties have met and conferred, and therefore:
ACCORDINGLY, the parties respectfully submit:
1. that the instant action should continue to be stayed under the same terms as set forth in the parties' Stipulation dated January 5, 2016 (D.E. 33), which was "so-ordered" by Judge Boulware on January 11, 2016 (D.E. 34);
2. That the parties provide a further status report to Magistrate Judge Cam Ferenbach on or before March 23, 2018 as to the status of the pending motion to dismiss in the New York Federal Securities Action; and
3. That as set forth in this Court's Order dated January 11, 2016 (D.E. 34), if the motion to dismiss in the New York Federal Securities Action is resolved before March 23, 2018, then the parties shall, within thirty (30) days after the resolution of the motion to dismiss in the New York Federal Securities Action, or an earlier lifting of the stay of the instant case, propose a Joint Discovery Plan for this Court's approval.
IT IS SO ORDERED.
