McCart-Pollak v. Etkin et al

Filing 69

ORDER granting 67 Stipulated Scheduling Order; Signed by Magistrate Judge Carl W. Hoffman on 12/27/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-00042-RFB-CWH Document 67 Filed 12/22/17 Page 1 of 4

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DANIELT. HAYWARD
Nevada State Bar No. 5986
JAMES MURPHY
Nevada State Bar No. 8586
LAXALT & NOMURA, LTD.
6720 Via Austi Pkwy., Suite 430
Las Vegas, Nevada 89119
Tel. [phone]
Fax. [phone]
[e-mail]
[e-mail]
Attorneys for Defendants
Edward Etkin, and
Law Offices of Edward Etkin, Esq. PC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SHANA LEE MCCART-POLLAK,
Plaintiff,

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VS.

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Case No. 2:17-cv-00042-RFB-CWH

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EDWARD ETKIN, an individual; LAW
OFFICES OF EDWARD ETKIN, ESQ. PC
a New York business entity; DOES I
Through X; ROE BUSINESS ENTITIES
I through X, inclusive,

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Defendants.

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STIPULATED AMENDED SCHEDULING ORDER
SUBMITTED IN COMPLIANCE WITH AMENDED
MINUTE ORDER DATED 12/8/2017 (ECF NO. 64)

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Plaintiff Shana Lee McCart-Pollak, in pro per, and Defendants Edward Etkin and the

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Law Offices of Edward Etkin, Esq. PC, by and through their undersigned counsel, hereby

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submit the following proposed Amended Scheduling Order pursuant to Fed.R.Civ.P. 26(f)(3)

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and LR II 26-1, and as directed by the Court's Amended Minute Order dated December 8,

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2017 (ECF No. 64).

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II
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LAXALT & NOMURA,
ATTORNEYS AT LAW
9600 GATEWAY DRIVE
RENO, NEVADA 89521

Case 2:17-cv-00042-RFB-CWH Document 67 Filed 12/22/17 Page 2 of 4

Proposed Amended Scheduling Order
Discovery cut-off date [LR II 26-l(b)(l)]:

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Proceedings in this matter are stayed by the Court's Minute Order dated December 8,

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2017 (ECF No. 64). Discovery is closed, with the following exceptions:

a.

Plaintiff shall produce the text messages, voicemails, and emails identified by

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her pursuant to FRCP 26 and which are responsive to Defendants' requests for production on

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or before February 1, 2018. This may be done in cooperation with Holo, an IT vendor retained

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and paid for by Defendants. Plaintiff may produce the emails without the use of Holo' s

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services if she is able.

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b.

Plaintiff shall produce the complete contents of the United States Patent and

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Trademark Office patent application file wrappers I file histories for the '099 and '458

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applications on or before February 1, 2018.

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c.

Defendant Edward Etkin shall supplement his response to Interrogatory No. 4

(dates ofhospital admissions). He has already done so.

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Defendants shall produce legible copies of those certain Verizon telephone

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records which Plaintiff asserted were illegible during the December 8, 2017 motion hearing.

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Defendants shall also identify their telephone service providers from January 1, 2012 through

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October 5, 2012. He has already done so.

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e.

Plaintiff may serve a subpoena duces tecum on Defendants' telephone providers

identified in response to paragraph 1(d).
f.

Plaintiff shall serve Defendants with any and all orders issued by the USPTO

concerning the USPTO proceedings related to this matter as set forth in paragraph 3, below.

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2.

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Closed.

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3.

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Plaintiff shall promptly inform Defendants of the status of future USPTO decisions

Amending pleadings and adding parties [LR II 26-l(b)(2)]:

Notice of further USPTO decisions I status report:

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concerning the USPTO proceedings related to this matter by serving Defendants with copies of

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the USPTO's orders, office actions, or other decisions.

LAXALT & NOMURA.
ATTORNEYS AT LAW
9600 GATEWAY DRIVE
RENO. NEVADA 89521

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Case 2:17-cv-00042-RFB-CWH Document 67 Filed 12/22/17 Page 3 of 4

Within 30 days of the USPTO's decision regarding whether the revive the '458 patent
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application, and the final decision regarding the pending '099 patent application, whichever

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occurs later, the parties shall file a status report advising the Court of the USPTO's decision and

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setting forth the parties' view or views of the significance of the decision on any remaining

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pretrial proceedings in this case, and shall request that the Court schedule a status conference to

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address the possible lifting of the December 8, 2017 stay of proceedings.

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4.

Fed.R.Civ.P. 26(a)(2) disclosures (experts) [LR II 26-l(b)(3)]:

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The expert disclosure and rebuttal expert disclosure deadlines have expired. However,

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Defendant shall be permitted to produce a supplemental written expert report of Bruce E. Dahl,

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Esq., if Defendants elect to do so, within 30 days of Plaintiffs production of the USPTO's

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decision regarding whether the revive the '458 patent application, and the final decision

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regarding the pending '099 patent application, whichever occurs later. Plaintiff shall then have

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until an additional 15 days by which to serve a notice of Mr. Dahl's deposition if she elects to

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do so, regardless of whether he elects to produce a supplemental expert report.

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5.

Dispositive motions [LR II 26-l(b)(4)):

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The dispositive motion deadline has expired. However, Defendant shall have until 30

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days after the present stay of proceedings is lifted by which to file and serve a supplement to

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their pending Motion for Summary Judgment (ECF No. 55). The standard timeline shall cover

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the filing and service of any opposition to the supplement, and reply in support of the

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supplement.

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6.

Pretrial Order [LR II 26-l(b)(S)J:

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The Joint Pretrial Order shall be filed 30 days after the Court files its decision on

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Defendants' Motion for Summary Judgment (ECF No. 55), together with any supplement

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thereto. All motions in limine shall be submitted with the Pretrial Order.

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7.

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The disclosures required by Fed.R.Civ.P. 26(a)(3) and any objections thereto shall be

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Fed.R.Civ.P. 26(a)(3) disclosures [LR II 26-l(b)(6)]:

included in the Joint Pretrial Order.

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l.AXALT Be NOMURA.
ATTORNEYS AT LAW
9600 GATEWAY DRIVE
RENO, NEVADA 89521

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Case 2:17-cv-00042-RFB-CWH Document 67 Filed 12/22/17 Page 4 of 4

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Other matters:

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Plaintiff states that she reserves the right to file a motion, after the stay of proceedings i

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lifted, seeking leave to identify one or more retained experts or rebuttal experts. Defendants stat

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that they intend to oppose any such motion.
Plaintiff further states that she reserves the right to file a motion seeking reconsideration

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of some or all of the rulings set forth in the Court's Amended Minute Order entered on

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December 8, 2017 (ECF No. 64). If Plaintiffs motion is granted, it may potentially change the

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dates, the methods in which the items may be produced, or void this filing and render it moot.

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Defendants state that they intend to oppose any such motion.

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DATED this 22nd day of December, 2017.

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DATED this 22nd day ofDecember, 2017.

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Is! Shana McCart-Pollak
SHANA McCART-POLLAK
524 Blanche Court
Henderson, Nevada 89052
Tel. [phone]
[e-mail]
Plaintiff in Pro Per

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DANIEL T. HAYWARD
Nevada State Bar No. 5986
JAMES MURPHY
Nevada State Bar No. 8586
6720 Via Austi Pkwy., Suite 430
Las Vegas, Nevada 8911
Tel. [phone]
Fax. [phone]
[e-mail]
[e-mail]
Attorneys for Defendants
Edward Etkin, and
Law Offices of Edward Etkin, Esq. PC

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ORDER
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IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE

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DATED this __ day 2017 _ _ _ ,201
December 27, _ _

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LAXAlS & NOMURA,

ATTORNEYS AT LAW

9600 GATEWAY DRIVE

RENO, NEVADA 89521

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