McGraw-Hill Global Education Holdings, LLC et al v. Stolyarchuk

Filing 22

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/14/2018 MODIFYING dates in the 10 Pretrial Scheduling Order as follows: Rule 26(a)(2) expert witness disclosures due 8/31/2018; Rebuttal expert witness reports due 9/21/2018; Comple tion of discovery by 10/26/2018; Deadline to file dispositive motions is 11/30/2018; Final Pretrial Conference set for 2/11/2019 at 01:30 PM; Trial set for 4/16/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Zignago, K.)

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NAOMI JANE GRAY (SBN 230171)
SHADES OF GRAY LAW GROUP, P.C.
100 Shoreline Highway, Suite 100B
Mill Valley, CA 94941
Telephone: [phone]
Facsimile: [phone]
[e-mail]
SCOTT ZEBRAK
JEFFREY M. GOULD (pending pro hac vice)
OPPENHEIM + ZEBRAK, LLP
5225 Wisconsin Avenue NW, Suite 503
Washington, D.C. 20015
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

MICHAEL J. IOANNOU (SBN 95208)
[e-mail]
KEVIN W. ISAACSON (SBN 281067)
[e-mail]
CLARK A. WALDON (SBN 312696)
[e-mail]
ROPERS, MAJESKI, KOHN & BENTLEY
50 West San Fernando Street, Suite 1400
San Jose, CA 95113
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
YAROSLAV STOLYARCHUK

Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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MCGRAW-HILL GLOBAL
EDUCATION HOLDINGS, LLC,
PEARSON EDUCATION, INC., and
CENGAGE LEARNING, INC.,

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JOINT STIPULATION AND CONSENT
[PROPOSED] SCHEDULING ORDER

Plaintiff,

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Case No. 2:17-cv-01716-WBS-DB

v.
YAROSLAV STOLYARCHUK,
Defendant.

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WHEREAS, Plaintiffs filed their Complaint on August 17, 2017 and their First Amended
Complaint on April 12, 2018;
WHEREAS, on December 13, 2017, the Court entered a Status (Pretrial Scheduling)
Order (ECF No. 10);

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JOINT STIPULATION AND CONSENT
[PROPOSED] SCHEDULING ORDER

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CASE NO. 17-cv-01716-WBS-DB

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WHEREAS, discovery commenced in December 2017 and continues to date, but has
moved more slowly than anticipated:
1. On December 6, 2017, Plaintiffs served their First Set of Requests for Production

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and First Set of Interrogatories on Defendant. On January 5, 2018, Defendant served written
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responses and objections to Plaintiffs’ First Set of Requests for Production and First Set of

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Interrogatories. After Plaintiffs raised issues with Defendant’s responses and objections and the

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parties conferred, Defendant served Supplemental Responses and Objections to Plaintiffs’ First

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Set of Requests for Production on January 26, 2018. Certain documents and information

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responsive to Plaintiffs’ requests implicated confidentiality and privacy concerns of Defendant.
After the parties agreed to a Stipulated Protective Order which was presented to the Court and

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issued by the Court on February 23, 2018, Defendant served further Supplemental Responses to
Plaintiffs’ First Set of Interrogatories on June 5, 2018.
2. On February 28, 2018, Defendant made his first production of documents in

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response to Plaintiffs’ First Set of Requests for Production. Defendant has not yet completed his

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production in response to Plaintiffs’ December 6, 2017 document requests.

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3. On May 5, 2018, Plaintiffs served their Second Set of Requests for Production,
seeking, among other things, documents regarding Defendant’s financials. Defendant served

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written responses and objections on June 7, 2017. Defendant has not yet produced documents in
response to Plaintiffs’ Second Set of Requests for Production.
4. On May 18, 2018, Defendant served his First Set of Requests for Production and
First Set of Interrogatories to Plaintiffs, responses to which are due June 21, 2018.
WHEREAS, on March 29, 2018, the parties filed a Stipulation and Order Consolidating
Related Cases (ECF No. 16) to consolidate with this action a related action, Elsevier, Inc., et al.

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v. Stolyarchuk, Case No. 18-cv-00593-WBS-EFB, that had recently been transferred to this
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JOINT STIPULATION AND CONSENT
[PROPOSED] SCHEDULING ORDER

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CASE NO. 17-cv-01716-WBS-DB

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Court from the United States District Court for the Southern District of New York. The

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stipulation to consolidate was made in the interest of promoting efficiency by avoiding the

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litigation of separate related actions. The parties advised in their Stipulation and Order
Consolidating Related Cases that “a short extension of the dates in [the] scheduling order

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[would] be required” and are now requesting the same.
WHEREAS, expert reports are currently due June 29, 2018. Plaintiffs intend to serve

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expert reports opining on the alleged counterfeit nature of certain books, including some or all of

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a pallet of suspect books that Defendant agreed to provide to Plaintiffs and which Defendant

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provided on May 22, 2018. According to Defendant, this shipment contained over 1,100
individual books, including over 85 separate titles. Given the recent date of that production and

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the number of books provided, along with the consolidation of the related action and delays in
discovery, June 29, 2018 does not provide sufficient time for Plaintiffs’ experts to review, opine
and draft their reports.

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WHEREAS, the parties have also discussed their mutual willingness to engage in

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settlement negotiations. Plaintiffs have indicated, however, that settlement negotiations cannot

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be reasonably framed unless and until Defendant provides further discovery, including financial

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information. Additionally, Defendant believes that litigation expenditures prior to the
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opportunity to engage in settlement negotiations may create additional financial barriers to

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resolution which may complicate future efforts to resolve this dispute. Thus, Defendant believes

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that the short extension of dates and deadlines requested will facilitate resolution by allowing the

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parties to complete the necessary discovery for settlement negotiations while permitting time to

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conduct further fact and expert discovery should settlement negotiations fail.

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JOINT STIPULATION AND CONSENT
[PROPOSED] SCHEDULING ORDER

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CASE NO. 17-cv-01716-WBS-DB

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WHEREAS, in light of the above, the parties agree that additional time is necessary for
further discovery in hopes of setting a framework for meaningful settlement discussions,
including, if the parties later agree, through Local Rule 271’s Voluntary Dispute Resolution

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Program,
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WHEREAS, this is the parties’ first request for an extension of any deadline in the

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Court’s Pre-Trial Scheduling Order (ECF No. 10).
THE PARTIES JOINTLY CONSENT TO and request that the Court enter an order

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modifying certain dates in the Pre-Trial Scheduling Order (ECF No. 10), as follows:

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Old Date

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New Date

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Rule 26(a)(2) expert witness disclosures

June 29, 2018

August 31, 2018

Rebuttal expert witness reports

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July 20, 2018

September 21, 2018

August 24, 2018

October 26, 2018

Completion of discovery

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Deadline to file dispositive motions

September 28, 2018

November 30, 2018

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Final pre-trial conference

December 17, 2018

February 11, 2019
at 1:30 p.m.

February 20, 2019

April 16, 2019 at
9:00 a.m.

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Trial

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All other dates listed in the Pre-Trial Scheduling Order (ECF No. 10) shall remain in

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place.

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Respectfully submitted,
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Dated: June 13, 2018
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SHADES OF GRAY LAW GROUP, P.C.
NAOMI JANE GRAY
OPPENHEIM + ZEBRAK, LLP
SCOTT ZEBRAK
JEFFREY M. GOULD (pending pro hac vice)

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/s/ Jeffrey M. Gould
Attorneys for Plaintiffs

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JOINT STIPULATION AND CONSENT
[PROPOSED] SCHEDULING ORDER

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CASE NO. 17-cv-01716-WBS-DB

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ROPERS, MAJESKI, KOHN & BENTLEY

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/s/ Kevin Isaacsson
MICHAEL J. IOANNOU
KEVIN ISAACSON
CLARK A. WALDON

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Attorneys for Defendant
YAROSLAV STOLYARCHUK

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IT IS SO ORDERED.
Dated: June 14, 2018

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JOINT STIPULATION AND CONSENT
[PROPOSED] SCHEDULING ORDER

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CASE NO. 17-cv-01716-WBS-DB