Asia Economic Institute et al v. Xcentric Ventures LLC et al

Filing 101

EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI), EX PARTE APPLICATION for Protective Order for Preventing Interference with Witnesses filed by Plaintiffs Asia Economic Institute, Iliana Llaneras, Raymond Mobrez. (Attachments: # 1 Exhibit 1 to Declaration of Lisa J. Borodkin (April 22, 2010 email), # 2 Exhibit 2 to Declaration of Lisa J. Borodkin (April 27, 2010 email), # 3 Exhibit 3 to Declaration of Lisa J. Borodkin (April 27, 2010 email), # 4 Exhibit 4 to Declaration of Lisa J. Borodkin (Rule 26(f) Report), # 5 Exhibit 5 to Declaration of Lisa J. Borodkin (March 2009 Google results), # 6 Exhibit 6 to Declaration of Lisa J. Borodkin (August 2010 Google results), # 7 Exhibit 7 to Declaration of Lisa J. Borodkin (May 28, 2010 email), # 8 Exhibit 8 to Declaration of Lisa J. Borodkin (May 29, 2010 email), # 9 Exhibit 9 to Declaration of Lisa J. Borodkin (May 30, 2010 email), # 10 Exhibit 10 to Declaration of Lisa J. Borodkin (May 30, 2010 email), # 11 Exhibit 11 to Declaration of Lisa J. Borodkin (Plaintiffs' RFPs), # 12 Exhibit 12 to Declaration of Lisa J. Borodki (July 14, 2010 email), # 13 Exhibit 13 to Declaration of Lisa J. Borodkin (Defendants' Responses to RFPs), # 14 Exhibit 14 to Declaration of Lisa J. Borodkin (July 30, 2010 emails), # 15 Exhibit 15 to Declaration of Lisa J. Borodkin (Declaration of Kenton Hutcherson), # 16 Exhibit 16 to Declaration of Lisa J. Borodkin (Demand letter fron Defendants))(Borodkin, Lisa)

Gmasla Economic Institute et al v. Xcentric Ventures LLC et al A i i - AEI v. Xcentric -- Defendants FIRST Set of Discovery Requests

https://mail.google.com/mail/?ui=2&ik=0d9198f21b&viDo=. t&q=Att. 2 ... ew c p101 esi%2

Lisa Borodkin <[e-mail]>

AEI v. Xcentric -- Defendants FIRST Set of Discovery Requests
Lisa Borodkin <[e-mail]> T ue, Apr 27, 2010 at 10:04 AM To: [e-mail] Cc: Daniel Blackert <[e-mail]>, Maria Crimi Speth <[e-mail]> Hi David, We can talk about all that at 3 p.m. At that time we would appreciate your client's position on electronic discovery, preservation of evidence, the Sedona Conference, and other matters raised in our email of 4/22 as to which you have not responded. Based on your email of 4/22 and our response, we also thought we were in agreement that "Based on the court's order bifurcating this matter, Defendants believe that discovery should be initially focused on the matters set for trial in August." Because the Court bifurcated damages as well as defamation and your representations, that is why we thought we were in agreement that damages would not be a part of discovery. Despite this, numerous categories of your document requests seek information that are not part of the bifurcated trial. In addition, Rule 26(d)(1) states that "A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f), except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B), or when authorized by these rules, by stipulation, or by court order. While we fully want to agree on a discovery plan with you in a reasonable and non-adversarial manner, your discovery requests prior to our Rule 26(f) conference this afternoon are premature. In this District the meet and confer process is to be done telephonically or in-person, not in writing. We will have to discuss whether your premature discovery requests are valid. We will be happy to discuss setting depositions and all other matters this afternoon, and would appreciate it if you could hold off making more demands for a written response until we have had a chance to confer as required by Rule 26(f).

Lisa

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-Lisa J. Borodkin [e-mail] 323-337-7933

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