Ashfield Health LLC v. Jacobson

Filing 23

ORDER re #22 Proposed Order filed by Ashfield Health LLC. The Court hereby adopts the attached Scheduling Order. Signed by Judge Victor A. Bolden on 4/1/2021. (Tisdale, I.)

Case 3:21-cv-00417-VAB Document 23 Filed 04/01/21 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
DIVISION OF HARTFORD
ASHFIELD HEALTH LLC,
Plaintiff,
v.
MATTHEW JACOBSON,
Defendant.

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Case No. 21-cv-004170-VAB

Dated: April 1, 2021

SO ORDERED SCHEDULING ORDER FOR
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ORDER SEEKING TEMPORARY RESTRAINTS AND PRELIMINARY INJUNCTION
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concerning an expedited discovery and hearing schedule in this matter at 11:30 A.M. on March
31, 2021. During the conference, counsel developed the following expedited discovery schedule
in support of, and in defense of, F]RZ_eZWW 7dYWZV]U ?VR]eY BB9od $m7dYWZV]Un% <^VcXV_Tj C`eZ`_
for Order Seeking Temporary Restraints and Preliminary Injunction [Doc. 3] as against Matthew
ART`Sd`_ $mART`Sd`_n%.
Counsel agreed to the following schedule:
1.

On or before April 1, 2021 at 5:00pm, Jacobson shall provide Ashfield an affidavit

or declaration pursuant to 28 U.S.C. § 1746 confirming that he has not commenced his employment
or any other affiliation with HV]Z`d CVUZTR] 9`^^f_ZTReZ`_d BZ^ZeVU $m?V]Z`dn%(
a.

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affiliates, successors, companies under its control, or any entity that has been organized
and/or is controlled by Helios, whether in the United States or any other country.

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Case 3:21-cv-00417-VAB Document 23 Filed 04/01/21 Page 2 of 7

b.

Such affidavit shall include an affirmative representation that Jacobson has

not, as of the date of the affidavit, received any compensation, in any form, from Helios,
nor has he provided any services or property of any kind to Helios for which he would be
entitled or expects future remuneration.
c.

Jacobson shall provide additional affidavits setting forth the same

representations as set forth above in 1(a) and (b) on each of the following dates, if such
information remains correct: April 8, 2021 by 5:00pm; April 15, 2021 by 5:00m; April 23,
2021 at 5:00pm; and April 28, 2021 at 5pm.
d.
2.

The affidavits described herein will be provided without further demand.

Counsel for Jacobson has previously provided counsel for Ashfield with an

External Hard Drive and written permission to view only the file names on the External Hard
Drive. Ashfield has conducted a forensic analysis of said External Hard Drive, and counsel for
Jacobson has not yet been given permission to counsel for Ashfield to review the files contained
thereon.
a.

Counsel for Jacobson shall provide counsel for Ashfield with a written

communication identifying or describing the files on the External Hard Drive that Jacobson
transferred or downloaded from Ashfieldod dVcgVc `c `eYVc 7dYWZV]U cVd`fcTVd by 5:00pm
on April 1, 2021 such that Ashfield is able to review the files and documents that Jacobson
U`h_]`RUVU Wc`^ 7dYWZV]Uod dVcgVcd R_U `eYVc 7dYWZV]U sources.
b.

Jacobson represents that he did not alter or destroy any content on the

External Hard Drive or any of the files that it contains prior to providing it to Ashfield,
except for segregating what he believed to be Ashfield files into a file folder.

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Case 3:21-cv-00417-VAB Document 23 Filed 04/01/21 Page 3 of 7

c.

Ashfield agrees not to alter or destroy the External Hard Drive or any of the

files that it contains.
d.

To the extent any of the agreed-upon documents, files, or contents are

password-protected, Jacobson shall provide such passwords to the best of his knowledge
and information.
e.

To the extent there is a dispute as to whether Ashfield may review a specific

file, the parties will seek to confer about any dispute on this topic no later than 5:00 pm on
April 5, 2021 in order to mutually resolve any dispute.
f.

The parties will use best efforts to resolve any such issues, and if the parties

are unable to resolve the dispute, either party may raise the issue for resolution by the Court
in conformance with Federal Rule of Civil Procedure 37(a)(2) and Local Civil Rue 37(a)(2)
not later than 5:00pm on April 6, 2021.
3.

@_ RUUZeZ`_ e` ART`Sd`_od transfer and download of information onto the External

Hard Drive, Ashfield alleges based upon its forensic analysis that Jacobson also downloaded
Ashfield information onto a thumb drive. I` eYV SVde `W ART`Sd`_od \_`h]VUXV R_U Z_W`c^ReZ`_&
without having yet been provided with the filenames, he believes that the thumb drive files
referenced in the Complaint are not Ashfield files and do not contain Ashfield information, and
only refer to Helios files.
a.

Jacobson shall send by FedEx all thumb drives (18 containing documents, labeled

numerically, and 16 blank and unlabeled) in his possession, custody or control to the attention of
counsel for Ashfield, Attorney Ben Sandlin, at Thompson Hine LLP, 312 Walnut Street, Suite
2000, Cincinnati, OH 45202, and Attorney Sandlin will provide written confirmation of receipt.

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Case 3:21-cv-00417-VAB Document 23 Filed 04/01/21 Page 4 of 7

b.

Counsel shall meet and confer using same procedure as with the files on the

External Hard Drive to address whether counsel for Ashfield may access these files.
5.

Deadline to serve First Sets of Expedited Requests for Production (limit 10,

including subparts), Expedited Requests for Admission (limit 10, including subparts), and
Expedited Interrogatories Served (limit 10, Jacobson wants subparts, and Ashfield does not want
subparts) on Opposing Party: Monday, April 5, 2021. The Parties agree that these written
discovery requests will not count against any limits on the number of written discovery requests
allowed to be propounded in the case, such as the presumptive 25-interrogatory limit set forth in
Federal Rule of Civil Procedure 33(a)(1).
6.

Deadline to respond to First Sets of Expedited Request for Production, Expedited

Request for Admission and Expedited Interrogatories: Tuesday, April 13, 2021.
7.

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be taken over the course of four hours each, not earlier than Friday, April 16, 2021 and not later
than Tuesday, April 20, 2021. Mr. Jacobson also desires to take the deposition of Amar Urhekar
individually, and that deposition shall be subsumed within the four-hour limit noted above if Amar
Urhekar is designated as 7dYWZV]Uod corporate witness for the purposes of Rule 30(b)(6), and thus
the combined Rule 30(b)(6) and individual deposition of Amar Urhekar shall not exceed four
hours. If different `c RUUZeZ`_R] aVcd`_$d% RcV UVdZX_ReVU Rd 7dYWZV]Uod Gf]V -*$S%$0% hZe_Vdd(es),
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a.

In addition to the written transcription, the parties have given permission to video

tape their depositions by methods available, depending upon the platform.

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Case 3:21-cv-00417-VAB Document 23 Filed 04/01/21 Page 5 of 7

b.

Any additional cost or surcharge incurred to expedite transcripts, as well as any

associated video, of any depositions taken pursuant to the schedule, shall be shared equally by the
parties. The Parties agree for depositions to be held remotely.
8.

Jacobson shall submit any opposition, limited to twenty-five pages exclusive of

exhibits, e` 7dYWZV]Uod <^VcXV_Tj C`eZ`_ W`c EcUVc HVV\Z_X IV^a`cRcj GVdecRZ_ed R_U
Preliminary Injunction [Doc. 3] by 5:00pm on Friday April 23, 2021.
9.

Ashfield shall submit its reply, limited to twenty pages exclusive of exhibits, in

further support of its Emergency Motion for Order Seeking Temporary Restraints and Preliminary
Injunction [Doc. 3] by 5:00pm on Wednesday, April 28, 2021.
10.

Evidentiary Hearing/Oral Argument on Motion for Preliminary Injunction:

Thursday, April 29, 2021 or Friday, April 30, 2021& Re R eZ^V RXcVVRS]V hZeY eYV 9`fceod dTYVUf]V.
11.

Mr. Jacobson shall have an extension of time up to and including May 21, 2021 to

provide his response to the Complaint, whether by way of an answer, motion to dismiss, or other
filing.

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Case 3:21-cv-00417-VAB Document 23 Filed 04/01/21 Page 6 of 7

Dated: March 31, 2021

Respectfully submitted,

/s/ Rebecca Brazzano
Rebecca A. Brazzano
335 Madison Ave., 12th Floor
New York, NY 10017-4611
Tel: [phone]
Fax: [phone]
Email: [e-mail]
George B. Musekamp
Benjamin G. Sandlin
(PHV Motion to be filed)
THOMPSON HINE LLP
312 Walnut Street, Suite 1400
Cincinnati, Ohio 45202
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Counsel for Plaintiff Ashfield Health LLC
/s/ Steven J. Zakrzewski
Mitchell L. Fishberg
Steven J. Zakrzewski
95 Glastonbury Blvd.
Suite 206
Glastonbury, CT 06033
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Counsel for Defendant Matthew Jacobson

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Case 3:21-cv-00417-VAB Document 23 Filed 04/01/21 Page 7 of 7

IT IS SO ORDERED.
/s/ Victor A. Bolden
Judge Victor Bolden
United States District Court Judge

April 1, 2021
Date: __________

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