Opinion
2:20-cv-01624-GMN-VCF
08-14-2023
SHANA LEE MCCART-POLLAK, Plaintiff, v. ON DEMAND DIRECT RESPONSE LLC, Delaware company, ON DEMAND DIRECT RESPONSE III LLC, Delaware company; BRETT SAEVITZON, individual; CRAIG SHANDLER, individual; JEFFREY MILLER, individual; DOES l-X; ROE BUSINESS ENTITTIES l-X; Defendants
Shana Lee McCart-Pollak David K Dorenfeld (Cal. Bar No. 145056; Pro Hac Vici) Dorenfeldlaw, lnc.
Shana Lee McCart-Pollak
David K Dorenfeld (Cal. Bar No. 145056; Pro Hac Vici) Dorenfeldlaw, lnc.
PROPOSED STIPULATION DISCOVERY PLAN AND SCHEDULING ORDER
HONORABLE CAM FERENBACH UNITED STATES MAGISTRATE JUDGE
Pursuant to Court Order (Dkt 212), comes now, Plaintiff Shana Lee McCart-Pollak (“Ms. McCart-Pollak”) in proper person; Brett Saevitzon and Craig Shandler through theii respective Counsel, David Dorenfeld. stipulate to the following proposed Discovery Plan and Scheduling Order
MEMORANDUM OF POINTS AND AUTHORITIES
On May 30, 2023 the Honorable Magistrate Judge Ferenbach ordered that the Parties had 30 days from the Defendants response to the Fifth Amended Complaint tc file a Joint Discovery Plan and Scheduling Order. On Tuesday, August 8, 2023, Ms. McCart-Pollak and Mr. Dorenfeld held a zoom “meet and confer" and agreed to the following dates, herein, in order to allow the Parties the opportunity to conduct ful 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 Ms. McCart-Pollak.
b) Shandler- Has not served discovery on Ms. McCart-Pollak.
c) Ms. McCart-Pollak- Ms. McCart-Pollak served Request for Production anc Interrogatories on Saevitzon and Shandler, which are outstanding.
2) A specific description of the discovery that remains to be completed
Ms. McCart-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 Honorable Magistrate Judge Ferenbach, on May 30, 2023, put a stay of discovery, as well as, an order for the parties to meet and confer and to file a Discovery Plan and Scheduling Order to be filed within 30 days of the Defendants response to Plaintiff's Fifth Amended Complaint.
4) A proposed schedule for completing all remaining discovery
The Parties used a prior template (of dates and timeframes) 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: Tuesday, January 2, 2024, (which is 90 days before the proposed Discovery cut-off date, due to the weekend)
Discovery Deadline: Monday, April 1, 2024
Initial Expert Disclosures: Thursday, February 1, 2024, (which is 60 days before the stipulated proposed Discovery cut-off date)
Rebuttal Expert Disclosures: Friday, March 1, 2024 (which is 31 days before the stipulated proposed Discovery cut-off date)
Dispositive Motions: Wednesday, May 1, 2024, (which is 30 days after the stipulated proposed Discovery cut-off date)
Proposed Pretrial Order: Friday, May 31, 2024, (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 stipulated proposed Discovery Plan and Scheduling Order.
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS ORDERED.