On Demand Direct Response, LLC et al v. McCart-Pollak

Filing 80

ORDER re 79 Joint Interim Status Report. ORDERED that the Discovery Plan and Scheduling Order must be filed on or before January 15, 2016. Signed by Magistrate Judge Cam Ferenbach on 12/14/15. (Copies have been distributed pursuant to the NEF - MMM)

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12/10/2015 1 2 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 FEDEX OFFICE 1888 7022708201 13:40 PAGE BRIAN W. BOSCHEE, ESQ. Nevada Bar No. 07612 bboschce@nevadafinn.com JAMES D. BOYLE, ESQ. Nevada Bar No. 08384 jboylc@ncvadafirm.com HOLLEY DRIGGS WALCH FINE WRAY PUZEY & THOMPSON 400 South Fourth Street, Third Floor Las Vegas, Nevada 89101 Telephone: (702) 791-0308 Facsimile: (702) 791-1912 MichaelJ. Rye* mrye@cantorcolburn.com Thomas J. Mango* tmango@cantorcolburn.com Nicholas A. Geiger* ngeigcr@cantorcolbum.com Ta~ia E. Hansen* thansen@cantorcolburn.com Andrew C. Ryan* ryan@cantorcolbum.com CANTOR COLBURN LLP 20 Church Street, 22nd Floor Hartford, Connecticut 06103 860-286-2929 (phone) 860-286-0115 (fax) 17 18 *Admitted Pro Hae Vice Attorneys for Plaintiffs 19 UNITED STATES DISTRlCT COURT 20 21 22 DISTRICT OF NEVADA ON DEMAND DIRECT RESPONSE, LLC AND ON DEMAND DIRECT RESPONSE Ill, LLC, 23 24 Plaintiff, v. 25 26 27 28 SHANA LEE MCCART-POLLAK DfBIA LOL .BUDDIES ENTERPRISES, Defendant. Case No. 02: 15-C\'-01576-MMD-VCF FIRST JOINT Th TER.IM STATUS REPORT o:u U4 12/10/2015 13:40 FEDEX OFFICE 1888 7022708201 PAGE Uo/Uq 1 Plaintiffs, On Demand Direct Response, LLC and On Demand Direct Response Ill, LLC 2 (collectively, the "Plaintiffs") and Defendant Shana Lee McCait-Pollak d/b/a LOL Buddies 3 Enterprises (the "Defendant") hereby submit this interim status report (1) to apprise the Court of 4 the status of the Parties ongoing settlement discussions; and (2) t<' request that the Court allow 5 the Parties up to and including January 29, 2016, to comply with their obligations under Fed. R. 6 7 Civ.P.26(f). 8 On October 14, 2015, the Court held a hearing regarding Plaintiffs' Motion for 9 Preliminary Injunction. The Court made findings and extended the Injunction lo March 4, 2016. 10 In adldition, the Court directed the parties to confer related to 1he Injunction. The Parties 11 conferred and entered into a Letter Agreement dated November 11, :1015. 12 13 In addition, since the hearing on October 14, 2015, Mark Meyers, the CEO of Spiral Toys 14 LLC, who is Plaintiffs' partner, has been communicating wit.~ Defendant regarding the 15 16 possibility of settlement. These communications resulted in a settlement call on Friday, November 13, 2015, including Defendant, Mr. Meyers, and the representative of the Plaintiffs. l7 The Parties advised that they had a productive call and decided to contin11e to engage in 18 19 settlement discussions to attempt to seek an amicable resolution to this dispute. However, 20 because of Mr. Meyers' wedding plans and honeymoon, the Parties are unable to speak until the 21 beginning of December 2015. 22 December with travel and unavailability because of the holidays, the Parties anticipate that these 23 Knowing the difficulty in scheduling conference calls in settlement discussions wUI continue into January 2016. 24 25 The Parties would like to discuss the possible resolution of this matter unencumbered by 26 the litigation process and discovery under Rule 26, and therefore, reqvest that the Court allow the 27 Parties up to and including January 29, 2016, to comply with their obligations under Rule 26(f), 28 12/10/2015 1 13:40 7022708201 FEDEX OFFICE 1888 t-'Al.::lt. ti'+/ t.::JY DATED this 9th day of December, 2015. 2 3 mLil:tomasJ. ~ango 4 Thomas J. Mango* Andrew C. Ryan* Michael .J. Rye* Nicholas A Geiger* Tasia E. Hansen* 5 6 7 Shana Lee McCa1t-Pollak 1900 Thunder Riclge Circle Henderson, NV 8'l0l2 CANTOR COLBURN LLP 8 20 Ornrch Street, 22"d Floor Hartford, Connecticut 06103 9 * Admitted Pro Hae Vice 10 12 BRIAN W. BOSCHEE, ESQ. Nevada Bar No. 07612 JAMES D. BOYLE, ESQ. Nevada Bar No. 08384 13 HOLLEY DRIGGS WALCH FINE WRAY PUZI<;y & THOMPSON 14 400 South Fourth Street, Third Floor, Las Vegas, Nevada 89101 11 15 Attorneys fvr Plaintijf'S 16 17 18 IT IS HEREBY ORDERED that the Discovery Plan and Scheduling Order must be filed on or before January 15, 2016. 19 20 21 22 23 24 25 26 27 28 December 14, 2015 1 CERTIFICATE OF SERVICE 2 3 Pursuant to Fed. R. Civ. P. 5(b), I hereby certify that on December 11, 2015, a 4 copy of the foregoing document titled FIRST JOINT INTERIM STATUS REPORT was filed 5 electronically with the Court’s electronic filing system and was served by electronic and first 6 class mail on the following: 7 Shana Lee McCart-Pollack 1900 Thunder Ridge Circle Henderson, Nevada 89012 lotsoflovebuddies@yahoo.com info@lotsoflovebuddies.com 8 9 10 /s/Thomas J. Mango Thomas J. Mango 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-

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