Opinion
2:20-cv-01624-GMN-VCF
02-06-2023
SHANA LEE MCCART-POLLAK, Plaintiff, v. ON DEMAND DJRECT RESPONSE LLC, Delaware company, ON DEMAND DIRECT RESPONSE III LLC, Delaware company; BRETT SAEVITZON, individual; CRAIG SHANDLER, individual; JEFFREY MILLER, individual DOES I-X; ROE BUSINESS ENTITTIES I-X; Defendants
PROPOSED STIPULATION DISCOVERY PLAN AND SCHEDULING ORDER
HONORABLE CAM FERENBACH UNITED STATES MAGISTRATE JUDGE
Pursuant to Court Order (Dkt 175), comes now, Plaintiff Shana Lee McCart-Pollak (“Pollak") in proper person; Brett Saevitzon and Craig Shandler through their respective Counsel, David Dorenfeld. stipulate to the following proposed Discovery Plan and Scheduling Order
MEMORANDUM OF POINTS AND AUTHORITIES
On January 19, 2023 the Honorable Magistrate Judge Ferenbach ordered the the Parties had until Wednesday. February 8, 2023, to file a joint discovery plan and scheduling order. On Friday, February 3, 2023, Pollak and Dorenfeld held a zoom meet and confer and agreed to the following dates, herein, in order to allow the Parties the opportunity to conduct full discovery.
LEGAL STANDARD AND STATEMENTS
Every motion or stipulation to extend or reopen discovery shall include:
1) A Statement specifying the discovery completed;
No Discovery has been completed.
a) Saevitzon- Has not served discovery on Pollak.
b) Shandler- Has not served discovery on Pollak.
c) Pollak- Pollak served Request for Production and Interrogatories on Saevitzor, Shandler, On Demand Direct Response, LLC, On Demand Direct Response III, LLC arid Jeffrey Miller which are not complete.
2) A specific description of the discovery that remains to be completed
Pollak plans on pursuing (Request for Admissions, Request for Production of Documents, Interrogatories, as well as Depositions) on all parties.
3) The reason why the discovery remaining was not completed within the time limits set by the discovery order.
The Court stayed discovery pending the decision on Defendants' Motion to Dismiss. The Court Denied Defendants' Motion to Dismiss on October 6, 2023 (Order Dkt 163) On January 19, 2023 (Order Dkt 175) the Court lifted the stay of discovery and ordered that the parties file a joint discovery plan and scheduling order
4) A proposed schedule for completing all remaining discovery
The Parties used a prior template (of dates and time frames) of a Discovery schedule that was previously entered in this Case; and therefore, propose the following dates:
STIPULATED PROPOSED DISCOVERY PLAN AND SCHEDULING DEADLINES
Amended Pleadings: Friday, June 23, 2023, (which is 91 days before the proposed Discovery cut-off date, due to the weekend)
Discovery Deadline: Friday, September 22, 2023
Initial Expert Disclosures: Monday, July 24, 2023, (which is 60 days before the stipulated proposed Discovery cut-off date)
Rebuttal Expert Disclosures: Wednesday, August 23, 2023 (which is 30 days before the stipulated proposed Discovery cut-off date)
Dispositive Motions: Monday, October 23, 2023, (which is 31 days after the stipulated proposed Discovery cut-off date)
Proposed Pretrial Order: Wednesay, November 22, 2023, (which is 30 days after the Stipulated proposed Dispositive Motions cut-off date)
If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further court order.
5) The Current trial date
The extension of the discovery deadlines will have no bearing on trial, as no trial date has been set.
Conclusion
The Parties respectfully requests that the Court accepts this jointly stipulatec proposed Discovery Plan and Scheduling Order.
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS ORDERED.