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)

12/10/2015

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FEDEX OFFICE 1888

7022708201

13:40

PAGE

BRIAN W. BOSCHEE, ESQ.
Nevada Bar No. 07612
[e-mail]
JAMES D. BOYLE, ESQ.
Nevada Bar No. 08384
[e-mail]
HOLLEY DRIGGS WALCH
FINE WRAY PUZEY & THOMPSON
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
MichaelJ. Rye*
[e-mail]
Thomas J. Mango*
[e-mail]
Nicholas A. Geiger*
[e-mail]
Ta~ia E. Hansen*
[e-mail]
Andrew C. Ryan*
[e-mail]
CANTOR COLBURN LLP
20 Church Street, 22nd Floor
Hartford, Connecticut 06103
860-286-2929 (phone)
860-286-0115 (fax)

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*Admitted Pro Hae Vice
Attorneys for Plaintiffs

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UNITED STATES DISTRlCT COURT

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DISTRICT OF NEVADA
ON DEMAND DIRECT RESPONSE, LLC
AND ON DEMAND DIRECT RESPONSE
Ill, LLC,

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Plaintiff,
v.

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SHANA LEE MCCART-POLLAK DfBIA
LOL .BUDDIES ENTERPRISES,
Defendant.

Case No. 02: 15-C\'-01576-MMD-VCF

FIRST JOINT Th TER.IM STATUS
REPORT

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FEDEX OFFICE 1888

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Plaintiffs, On Demand Direct Response, LLC and On Demand Direct Response Ill, LLC

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(collectively, the "Plaintiffs") and Defendant Shana Lee McCait-Pollak d/b/a LOL Buddies

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Enterprises (the "Defendant") hereby submit this interim status report (1) to apprise the Court of

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the status of the Parties ongoing settlement discussions; and (2) t<' request that the Court allow

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the Parties up to and including January 29, 2016, to comply with their obligations under Fed. R.

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Civ.P.26(f).

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On October 14, 2015, the Court held a hearing regarding Plaintiffs' Motion for

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Preliminary Injunction. The Court made findings and extended the Injunction lo March 4, 2016.

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In adldition, the Court directed the parties to confer related to 1he Injunction.

The Parties

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conferred and entered into a Letter Agreement dated November 11, :1015.
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In addition, since the hearing on October 14, 2015, Mark Meyers, the CEO of Spiral Toys

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LLC, who is Plaintiffs' partner, has been communicating wit.~ Defendant regarding the

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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.

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The Parties advised that they had a productive call and decided to contin11e to engage in
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settlement discussions to attempt to seek an amicable resolution to this dispute. However,

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because of Mr. Meyers' wedding plans and honeymoon, the Parties are unable to speak until the

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beginning of December 2015.

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December with travel and unavailability because of the holidays, the Parties anticipate that these

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Knowing the difficulty in scheduling conference calls in

settlement discussions wUI continue into January 2016.

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The Parties would like to discuss the possible resolution of this matter unencumbered by

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the litigation process and discovery under Rule 26, and therefore, reqvest that the Court allow the

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Parties up to and including January 29, 2016, to comply with their obligations under Rule 26(f),

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12/10/2015

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13:40

7022708201

FEDEX OFFICE 1888

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DATED this 9th day of December, 2015.

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mLil:tomasJ. ~ango

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Thomas J. Mango*
Andrew C. Ryan*
Michael .J. Rye*
Nicholas A Geiger*
Tasia E. Hansen*

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Shana Lee McCa1t-Pollak
1900 Thunder Riclge Circle
Henderson, NV 8'l0l2

CANTOR COLBURN LLP

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20 Ornrch Street, 22"d Floor
Hartford, Connecticut 06103

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* Admitted Pro Hae Vice

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BRIAN W. BOSCHEE, ESQ.
Nevada Bar No. 07612
JAMES D. BOYLE, ESQ.
Nevada Bar No. 08384

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HOLLEY DRIGGS WALCH FINE WRAY
PUZI<;y & THOMPSON

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400 South Fourth Street, Third Floor,
Las Vegas, Nevada 89101

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Attorneys fvr Plaintijf'S

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IT IS HEREBY ORDERED that the Discovery Plan and Scheduling Order must
be filed on or before January 15, 2016.

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December 14, 2015

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CERTIFICATE OF SERVICE
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Pursuant to Fed. R. Civ. P. 5(b), I hereby certify that on December 11, 2015, a

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copy of the foregoing document titled FIRST JOINT INTERIM STATUS REPORT was filed

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electronically with the Court’s electronic filing system and was served by electronic and first

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class mail on the following:

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Shana Lee McCart-Pollack
1900 Thunder Ridge Circle
Henderson, Nevada 89012
[e-mail]
[e-mail]

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/s/Thomas J. Mango
Thomas J. Mango

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