Opinion
2:18-cv-01700-DJA 2:21-cv-00309
04-25-2022
BRIAN SCIARA, Plaintiff, v. STEPHEN CAMPBELL, Defendant. AND ALL RELATED MATTERS.
Bryce K. Kunimoto, Esq. Nevada Bar No. 7781 Robert J. Cassity, Esq. Nevada Bar No. 9779 Jenapher Lin, Esq. Nevada Bar No. 14233 HOLLAND & HART LLP Attorneys for Defendant Stephen Campbell and Plaintiff Sprout Financial, LLC MORTENSON & RAFIE, LLP Peter B. Mortenson, Esq. (NBN 5725) Richard Waltjen, Esq. (NBN 13416) Attorneys for Plaintiff Brian Sciara and Defendants Capfund Enterprises, Inc., d/b/a Capfund Financial, Funded, LLC, and Brian Sciara
Bryce K. Kunimoto, Esq.
Nevada Bar No. 7781
Robert J. Cassity, Esq.
Nevada Bar No. 9779
Jenapher Lin, Esq.
Nevada Bar No. 14233
HOLLAND & HART LLP
Attorneys for Defendant Stephen Campbell and Plaintiff Sprout Financial, LLC
MORTENSON & RAFIE, LLP
Peter B. Mortenson, Esq. (NBN 5725)
Richard Waltjen, Esq. (NBN 13416)
Attorneys for Plaintiff Brian Sciara and Defendants Capfund Enterprises, Inc., d/b/a Capfund Financial, Funded, LLC, and Brian Sciara
STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING SCHEDULE RELATING TO FORENSIC EXAMINATION
DANIEL J. ALBRBGTS, UNITED STATES MAGISTRATE JUDGE
STEPHEN CAMPBELL (“Campbell”) and SPROUT FINANCIAL, LLC (“Sprout”), together with BRIAN SCIARA (“Sciara”), CAPFUND ENTERPRISES, INC. D/B/A CAPFUND FINANCIAL (“CapFund”), and FUNDED LLC (“Funded”) (collectively, as the “Parties”), by and through their respective counsel of record, the law firms of HOLLAND & HART LLP and MORTENSON & RAFIE, LLP, hereby stipulate and agree (the “Stipulation”) to a fourteen (14)-day extension of the current April 25, 2022 deadline for Campbell to reassert and file his motion for sanctions (see ECF No. 158) in connection with the forensic examination of Sciara's devices/ESI (ECF No. 124) as follows:
1. On November 23, 2021, the Court held a status check hearing regarding the forensic examination of Sciara's electronic devices and ordered Sciara's portion of the forensic examination due by January 7, 2022 based on representations by Sciara's then -counsel. (See ECF No. 141).
2. Due to the withdrawal of Sciara's prior counsel (Sgro Roger) (ECF No. 145), Sciara's forensic examination deadline was extended to March 10, 2022 (ECF No. 149), then to March 24, 2022 (ECF No. 157) after Sciara, CapFund, and Funded obtained new counsel (Mortenson & Rafie, LLP) (ECF Nos. 150, 151).
3. Thereafter, on March 21, 2022, the Court denied Campbell's Motion for Sanctions (ECF No. 97) without prejudice and granted leave for Campbell to reassert his motion on or before April 25, 2022, in lieu of supplemental briefing. (ECF No. 158).
4. The Parties are currently exploring and discussing potential resolution of both cases, as well as a potential extension of pending deadlines so as to allow the Parties to focus on settlement efforts and to facilitate the settlement process.
5. The Parties stipulate and agree to extend the current April 25, 2022 deadline for Campbell to reassert and file his motion for sanctions relating to the forensic examination by fourteen (14) days to May 9, 2022 (with responses and replies due in ordinary course thereafter).
6. This Stipulation is made in good faith, not for purposes of undue delay, and supported by good cause.
IT IS SO STIPULATED.
IT IS SO ORDERED.