TimesLines, Inc v. Facebook, Inc.
MOTION by Plaintiff TimesLines, Inc to clarify [Plaintiff Timelines, Inc.'s Motion To Clarify And Compel] (Moore, Raven)
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION TIMELINES, INC., Plaintiff, v. FACEBOOK, INC., Defendant. ) ) ) ) ) ) ) ) ) Civil Action No.: 11 CV 6867 Jury Trial Demanded PLAINTIFF TIMELINES, INC.âS MOTION TO CLARIFY AND COMPEL Plaintiff, Timelines, Inc. (âTimelinesâ), through its counsel, moves to clarify the discovery schedule in this case, to compel Defendant Facebook, Inc. to produce the requested documents, and, specifically, to provide Timelines with a particular date by which Facebook will make its final document production in the case. In support of this motion, Timelines explains as follows: Basis for Motion On or about January 11, 2012, Timelines served document requests on Facebook. Based on the partiesâ agreed-upon extension, Facebook served its document responses on or about March 19, 2012.1 In between those two dates, on January 24, 2012, the parties appeared in open court and proposed their agreed discovery schedule to the Court. Specifically, the parties agreed to the following schedule: 1 The parties previously agreed to extend the dates for serving responses to the other sideâs discovery requests, which were served in January 2012, in anticipation of a settlement conference in early 2012. When the parties realized that the settlement conference would not occur until April 17, 2012, the parties agreed to serve discovery responses to the other sideâs requests on specific dates in mid-March 2012. Fact discovery completed by August 31, 2012 Plaintiffâs expert reports due by September 28, 2012 Defendantâs expert reports due by October 26, 2012 Rebuttal expert reports due by November 23, 2012 Expert discovery completed by December 28, 2012 Dispositive motions to be filed by January 31, 2013 (See Dkt. 36 at p. 2.) Facebook has seemingly paid little attention to this case since that January 24th hearing. On May 28th, after two months of delay (resulting, in part, from Facebookâs holdup in agreeing to a protective order), Timelines received Facebookâs initial document production. Facebookâs document production consisted of approximately 663 pages of documents and 3 video files in response to Timelinesâs 74 document requests. While this production was wholly inadequate (and largely irrelevant), Facebook had previously indicated that it would produce its documents on a rolling basis.2 So Timelines expected Facebookâs responsive and relevant documents to be produced in subsequent productions. After two weeks passed with nothing more from Facebook, on or about the afternoon of June 11th, Timelinesâs counsel reached out to Facebookâs counsel to inquire about Facebookâs remaining document production and, specifically, when Facebookâs document production in the case would be complete.3 Due to the schedule of Facebookâs counsel, the parties waited to discuss the issue by phone until June 14th. During that telephone call (at 10:00 a.m. CDT), Facebookâs counsel indicated that Facebook would make another rolling production on or before June 22nd, but that Facebookâs production would not be complete on that date. In response, 2 Among the irrelevant documents that Facebook produced were newspaper articles on Queen Elizabethâs plans to launch a Facebook page and the Golden Globe awards given to the Social Network movie (which is based on Facebook CEO Mark Zuckerbergâs life). 3 All communications relating to this discovery issue were had/exchanged between Timelinesâs counsel, Raven Moore, and Facebookâs counsel, Brendan Hughes. -2- Timelinesâs counsel requested that Facebook provide a date certain for Facebookâs final production in the case. Timelinesâs counsel further explained that the parties agreed to August 31, 2012 as the closing date for fact discovery and intended to comply with that schedule; and, therefore, required Facebookâs remaining production without delay. Facebookâs counsel indicated that he would discuss the issue internally and get back to Timelinesâ counsel with a response. The following week, on June 18th (at 9:14 a.m. CDT), Timelinesâs counsel followed up with Facebookâs counsel to find out when Facebook will make its final production. Timelinesâs counsel left a voicemail message asking that Facebookâs counsel get back to her by the close of business on June 18th with a response regarding a production date for Facebookâs final document production. At 6:07 p.m. CDT that evening, Facebookâs counsel sent an email message to Timelinesâs counsel explaining that Facebook expects to complete its production by the end of July. Facebookâs counsel also noted that the Court did not set the deadlines noted above (see Dkt. 36 at p. 2), but rather chose to set only one deadline for the close of all discovery (December 28, 2012); so that if necessary, the parties can decide to modify the schedule. Timelines disagrees with Facebookâs position and intends to comply with the schedule noted above (and expects Facebook to comply as well). To attempt to further discuss these issues and reach resolution, Timelinesâs counsel repeatedly contacted Facebookâs counsel during the week of June 18th, including voicemail/phone messages on June 18th at 9:14 .a.m. and June 21st at 9:09 a.m. and an email message on June 21st at 11:29 a.m. But Facebookâs counsel is difficult to reach (and has been since discovery was initiated in January 2012). Assistants regularly field calls from Timelinesâs counsel and either take messages or put counsel into voicemail (which is what happened on June -3- 21st). And when calls are returned, Facebookâs counsel calls well after the close of business or resorts to pithy email responses (which is what happened on the evening of June 19th). Pursuant to Local Rule 37.2, on the issue of a date certain for document production, Timelinesâ counsel has consulted with Facebookâs counsel by telephone and made a good faith attempt to resolve this issue. And on the issue of the discovery schedule in the case, Timelinesâs counselâs attempts to engage in such consultation were unsuccessful due to no fault of counsel. Relief Requested Timelines requests that the Court clarify the discovery schedule in the case and, specifically, indicate whether the schedule set forth in the Joint Initial Status Report is controlling. (Dkt. 36 at p. 2.) Timelines requests that the Court order Facebook to provide a date certain for its final document production. Further, Timelines requests that Facebookâs date certain for its final document production be no later than the end of this month, or June 29, 2012. Production by this date will help to ensure that Timelines has sufficient time to review the production, raise potential issues with Facebook, and take all necessary fact depositions before the fact discovery close date on August 31, 2012. WHEREFORE, Timelines moves to compel Facebookâs final document production on or before June 29, 2012 and any further relief as the Court deems just and appropriate. -4- Dated: June 21, 2012 Respectfully submitted, TIMELINES, INC. By: /s/ Raven Moore One of its Attorneys James T. Hultquist (#6204320) Douglas Alan Albritton (#6228734) Raven Moore (#6280665) REED SMITH LLP 10 South Wacker Drive, 40th Floor Chicago, Illinois 60606-7507 (312) 207-1000 (312) 207-6400 (facsimile) email@example.com firstname.lastname@example.org email@example.com -5- CERTIFICATE OF SERVICE The undersigned, an attorney, hereby certifies that she filed the foregoing Plaintiff Timelines, Inc.âs Motion to Clarify and Compel by means of the Courtâs CM/ECF System, which causes a true and correct copy of the same to be served electronically on all CM/ECF registered counsel of record, on June 21, 2012. /s/ Raven Moore Raven Moore