Massoli v. Regan Media, et al

Filing 80

Massoli v. Regan Media, et al

Doc. 80

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STEPTOE & JOHNSON LLP Collier Center 201 East Washington Street, Suite 1600 Phoenix, Arizona 85004-2382 Telephone: [phone] Facsimile: [phone] David J. Bodney (006065) Dennis K. Blackhurst (021678) Attorneys for Defendants/Counterclaimants Regan Media, Inc. and Judith Regan UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA JENNA MASSOLI p/k/a JENNA JAMESON, Plaintiff, vs. " EGAN MEDIA," JUDITH R and REGAN, an individual, Defendants. REGAN MEDIA, INC., a New York corporation, and JUDITH REGAN, an individual, Defendants/Counterclaimants, vs. JENNA MASSOLI p/k/a JENNA JAMESON, an individual, Plaintiff/Counterdefendant, and JAY GRDINA, an individual, Third-Party Counterdefendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV 05-0854 PHX EHC STATEMENT OF MOVING COUNSEL IN SUPPORT OF REGAN MEDIA' SECOND S MOTION TO COMPEL AND REQUEST FOR SANCTIONS (ORAL ARGUMENT REQUESTED) (Assigned to the Honorable Earl H. Carroll)

Case 2:05-cv-00854-EHC

Document 80

Filed 02/17/2006

Page 1 of 4
Dockets.Justia.com

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Pursuant to Fed.R.Civ.P. 37(a)(2)(B) and Local Rule 7.2(j), counsel for Defendants/Counterclaimants submits this Statement of Moving Counsel in support of Regan Media' Second Motion to Compel and Request for Sanctions. s Undersigned

counsel certifies that Counterclaimants have, after personal consultation and sincere efforts to do so, been unable to resolve this dispute with Counterdefendants. On November 5, 2005, Defendant/Counterclaimant Regan Media, Inc. (" egan Media" served its First Set of Requests for Production of Documents on R ) Plaintiff/Counterdefendant Jenna Massoli p/k/a Jenna Jameson and Counterdefendants Jay Grdina and Dolce Amore, Inc. (collectively, " ounterdefendants" When no written C ). response was received and no documents were produced, Regan Media filed a Motion to Compel on January 5, 2006. On January 23, 2006, Counterdefendants filed a Response to the Motion to Compel, admitting that they had failed to respond to Regan Media' s document requests and representing that responsive documents would be produced on February 7, 2006. No response to Regan Media' Request for Production was received on s Counterdefendants hand-delivered a written response and small set of

documents at the end of the day on February 9. The documents produced included (a) Articles of Incorporation for Dolce Amore, Inc.; (b) Dolce Amore' tax returns for 2002 s and 2003; and (c) approximately 30 e-mail messages. I reviewed these e-mails and

concluded that ten were responsive to Regan Media' document requests. The remainder s related to Jenna Jameson'book and other business affairs not relevant to Regan Media' s s requests for production. 2
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On February 10, 2006, I telephoned Counterdefendants'counsel, Roger Hall, regarding the documents produced. I indicated that Counterdefendants' production appeared to be deficient. Mr. Hall indicated that he did not know if additional responsive documents exist and could not explain what efforts had been made to identify and produce all responsive documents. I informed Mr. Hall that, in light of the late and deficient production, Counterclaimants would be postponing the depositions of Jenna Jameson and Jay Grdina scheduled for February 14 and 16, 2006 and would be filing a motion to compel. RESPECTFULLY SUBMITTED this 17th day of February, 2006. STEPTOE & JOHNSON LLP By: /s/ Dennis K. Blackhurst David J. Bodney Dennis K. Blackhurst Collier Center 201 East Washington Street Suite 1600 Phoenix, Arizona 85004-2382 Attorneys for Defendants/ Counterclaimants Regan Media, Inc. and Judith Regan

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Case 2:05-cv-00854-EHC Document 80 Filed 02/17/2006 Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on the 17th day of February, 2006, I caused the attached document to be electronically transmitted to the Clerk'Office using the CM/ECF System s for filing and transmittal of a Notice of Electric Filing to the following CM/ECF Registrants: James L. Blair Roger William Hall Renaud Cook Drury Mesaros, PA Phelps Dodge Tower One North Central, Suite 900 Phoenix, AZ 85004-4417 Attorneys for Plaintiff/Counterdefendant and Third-Party Counterdefendant I hereby certify that on the 17th day of February, 2006, I served the attached document by mail on the following, who are not registered participants of the CM/ECF System: Bernard M. Brodsky Jeffrey F. Reina Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, LLP 42 Delaware Avenue, Suite 300 Buffalo, NY 14202-3857 Attorneys for Plaintiff/Counterdefendant and Third-Party Counterdefendant

/s/ Beth Gibson Beth Gibson

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