McCart-Pollak v. Etkin et al

Filing 78

ORDER granting 77 Stipulation re 69 Scheduling Order; Signed by Magistrate Judge Carl W. Hoffman on 2/1/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-00042-RFB-CWH Document 77 Filed 01/31/18 Page 1 of 3

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DANIEL T. HAYWARD
Nevada State Bar No. 5986
LAXALT & NOMURA, LTD.
9600 Gateway Drive
Reno,Nevada 89521
Tel. [phone]
Fax [phone]
dhayward(a{laxalt-nomura.com
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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SHANALEEMCCART-POLLAK,

)
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Plaintiff,
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vs.
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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,
)

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

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Defendants.

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STIPULATION AND PROPOSED ORDER
RE: AMENDED SCHEDULING ORDER (ECF NO. 69)

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 amendment to the Amended Scheduling Order previously

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entered by this Court (ECF No. 69).

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LAXAL.T & NOMURA.
ATTORNEYS AT LAW

9600 GATEWAY DRIVE
RENO,NEVAOA 89521

In the Amended Scheduling Order, it provides in relevant part as follows:
a.
Plaintiff shall produce the text messages, voicemails, and emails
identified by her pursuant to FRCP 26 and which are responsive to Defendants'
requests for production on or before February 1, 2018. This may be done in
cooperation with Holo, an IT vendor retained and paid for by Defendants.
Plaintiff may produce the emails without the use of Bolo's services if she is
able.

Case 2:17-cv-00042-RFB-CWH Document 77 Filed 01/31/18 Page 2 of 3

b.
Plaintiff shall produce the complete contents of the United States
Patent and Trademark Office patent application file wrappers I file histories for
the '099 and '458 applications on or before February 1, 2018.

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(ECF No. 69, Amended Scheduling Order.)
The Court entered its Protective Order in this case on January 22,2018 (ECF No. 75).

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Since then, Defendants have provided the Protective Order to Holo Discovery, and Holo returned
a signed Exhibit A- Certification on January 29, 2018. Defendants' counsel is now in the
process of securing Mr. Etkin's signatures on Holo's standard Terms and Conditions document,
and an Addendum to that document to which Plaintiff and Defendants have agreed. There is not
sufficient time between now and February 1, 2018 within which to coordinate a meeting between
Plaintiff and Holo so that Holo may conduct the work necessary to download the responsive text
messages, voicemails, and emails identified by Plaintiff pursuant to FRCP 26 and which are
responsive to Defendants' requests for production.
Further, Plaintiff has requested, and Defendants have agreed, that Defendants will secure

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the signature of their expert, Bruce Dahl, Esq., on the Certification attached as Exhibit A to the
Protective Order (ECF No.75) before Plaintiff produces the materials addressed by paragraph
1(b) of the Amended Scheduling Order (ECF No. 69). Defendants are still in the process of
doing so.
Accordingly, the parties stipulate, and request the Court to order, that paragraph l(a) of

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the Amended Scheduling Order be further amended to provide:
a.
Plaintiff shall produce the text messages, voicemails, and emails
identified by her pursuant to FRCP 26 and which are responsive to Defendants'
requests for production on or before March 1, 2018. This may be done in
cooperation with Holo, an IT vendor retained and paid for by Defendants.
Plaintiff may produce the emails without the use of Holo' s services if she is
able.

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b.
Plaintiff shall produce the complete contents of the United States
Patent and Trademark Office patent application file wrappers I file histories for
the '099 and '458 applications on or before March 1, 2018.

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II

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II

LAXALT 8: NOMURA,
ATTORNEYS AT LAW

9600 GATEWAY DRIVE
RENO, NEVADA 89521

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Case 2:17-cv-00042-RFB-CWH Document 77 Filed 01/31/18 Page 3 of 3

WHEREFORE, Plaintiff and Defendants stipulate and request that the Court amend th
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Amended Scheduling Order (ECF No. 69) as set forth above.

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DATED this 31st day of January, 2018.

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LAXALT & NOMURA, LTD.

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II

DATED this 31st day of January, 2018.

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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

DANIEL T. HAYWARD
Nevada State Bar No. 5986
9600 Gateway Drive
Reno,Nevada 89521
Tel. [phone]
Fax [phone]
[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 2018 _ _ _ _ , 2018.
February 1, of _

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L AX AL.T & NOMURA .
ATTOR N E YS AT LAW

9600 GATEWAY D R IV E

RENO,NEVAOA 89521

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