Dunstan et al v. comScore, Inc.

Filing 222

STATEMENT by comScore, Inc. Regarding Plaintiffs' Motion and Supporting Memorandum to Modify Judge Holderman's Scheduling Order (Dkt. No. 215) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bowland, Robyn)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of a class of
similarly situated individuals

CASE NO. 1:11-cv-5807
Chief Judge Holderman

Plaintiff,

Magistrate Judge Kim
v.
COMSCORE, INC., a Delaware corporation
Defendant.

COMSCORE, INC.’S STATEMENT REGARDING PLAINTIFFS MIKE HARRIS AND
JEFF DUNSTAN’S MOTION AND SUPPORTING MEMORANDUM TO MODIFY
JUDGE HOLDERMAN’S SCHEDULING ORDER
Defendant comScore, Inc. (“comScore”) respectfully submits this statement regarding
Plaintiffs Mike Harris and Jeff Dunstan’s (together “Plaintiffs”) Motion and Supporting
Memorandum to Modify Judge Holderman’s Scheduling Order (“Motion”).
As acknowledged by Plaintiffs in the Motion, comScore has not taken a position
regarding Plaintiffs’ request to extend this Court’s discovery deadlines. comScore continues to
maintain its position in this regard. However, in the Motion Plaintiffs imply that comScore
failed to comply with the Court’s orders regarding written discovery in this case. Due to this
mischaracterization, comScore is compelled to submit this Statement to clarify the record.
On July 26, 2013 Magistrate Judge Kim entered an order which, in part, stated “Parties
then have until September 9, 2013, to respond to the written discovery requests.” (Dkt. No. 211.)
In accordance with this Court’s order, comScore produced documents responsive to Plaintiffs’
Document Requests on September 9, 2013 via Federal Express. (Ex. A, Sept. 9, 2013 Letter to
Balabanian from Bowland.) An employee at Plaintiffs’ counsel’s law firm (“T. Hackman”),
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described later by counsel for Plaintiffs as the “office manager” for Plaintiffs’ counsel’s law
firm, signed for the package containing comScore’s document production on September 10, 2013
at 9:42 am. (Ex. B, Federal Express Proof of Delivery; Ex. C, October 4, 2013 Decl. of Bowland
at ¶ 2.) Counsel for Plaintiffs then contacted counsel for comScore, Inc. on September 12, 2013
claiming that they had not received comScore’s production. (Ex. C, October 4, 2013 Decl. of
Bowland at ¶ 2.) Although counsel for comScore provided Exhibit B, the Proof of Receipt, to
Plaintiffs’ counsel, Plaintiffs’ counsel continued to claim they had not received comScore’s
production. Counsel for comScore, at Plaintiffs’ request, then agreed to provide a replacement
hard drive as a courtesy. comScore also requested that Plaintiffs search their office for the
previously produced hard drive, which contains comScore’s proprietary information. (Ex. C,
October 4, 2013 Decl. of Bowland at ¶¶ 3-5.) Should Plaintiffs fail to recover the hard drive they
misplaced, comScore may seek relief from this Court under the Protective Order entered in this
matter. See Dkt. No. 72.

DATED: October 4, 2013

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

_/s/ Andrew H. Schapiro
Andrew H. Schapiro
[e-mail]
Stephen Swedlow
[e-mail]
Robyn Bowland
[e-mail]
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
500 West Madison Street, Suite 2450
Chicago, Illinois 60661
Telephone: [phone]
Facsimile: [phone]

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Paul F. Stack
[e-mail]
Mark William Wallin
[e-mail]
Stack & O’Connor Chartered
140 South Dearborn Street
Suite 411
Chicago, IL 60603
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant comScore, Inc.

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CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the foregoing has been
caused to be served on October 4, 2013 to all counsel of record via email.
_/s/ Robyn Bowland
Robyn Bowland

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