Democratic National Committee v. The Russian Federation et al

Filing 167

RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Democratic National Committee.(Horwitz, Julia)

Case 1:18-cv-03501-JGK Document 167 Filed 09/07/18 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------- X
DEMOCRATIC NATIONAL COMMITTEE, JOINT REPORT PURSUANT TO
FRCP 26(f)
Plaintiff,
Civil Action No. 1:18-cv-03501 (JGK)
v.
THE RUSSIAN FEDERATION et al.,
Defendants.
------------------------------------- X
This Civil Case Management Plan (the “Plan”) is submitted by the parties in accordance
with Fed. R. Civ. P. 26(f)(3).
1. Rule 26(f)(3)(A): Changes in the timing, form, or requirement for disclosures under
Rule 26(a).
At this time, the parties do not believe that any changes in the form of Rule 26(a)
disclosures are necessary in this matter. The parties agree that discovery—including Rule 26(a)
disclosures—should be stayed until the Court has ruled on Defendants’ anticipated motions to
dismiss Plaintiff’s amended complaint.1 The parties propose to file a supplemental Rule 26(f)
report at that time.
The parties further note that they have agreed to jointly propose at the initial status
conference on September 13, 2018, the following briefing schedule on Defendants’ anticipated
motions to dismiss: (a) Defendants shall answer or otherwise respond to the amended complaint
no later than ninety (90) days after Plaintiffs file it2 (b) in the event Defendants move to dismiss
the amended complaint, Plaintiffs shall have ninety (90) days to oppose it; and (c) Defendants
may file a reply no later than forty-five (45) days after Plaintiff files its opposition brief.

1

The DNC intends to advocate in favor of an omnibus motion to dismiss, to the extent

possible.
2

Emin Agalarov maintains that service of the original Complaint upon him was
improper and insufficient and, as such, his time to respond to the Complaint has not yet begun to
run. Nevertheless, Mr. Agalarov reserves his right to move to dismiss any then operative
complaint at the same time as the other Defendants.
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Case 1:18-cv-03501-JGK Document 167 Filed 09/07/18 Page 2 of 4

2. Rule 26(f)(3)(B): The subjects on which discovery may be needed, when discovery
should be completed, and whether discovery should be conducted in phases or be
limited to particular issues.
The parties agree that negotiation of the subjects on which discovery may be needed
should be deferred until this Court has ruled on Defendants’ motion to dismiss the amended
complaint. The parties agree to address this in a supplemental Rule 26(f) report at that time.
3. Rule 26(f)(3)(C): Issues about disclosure, discovery, or preservation of ESI.
The parties anticipate that the discovery, if any, of electronically stored information
(“ESI”) will be extensive. The undersigned parties have taken steps to ensure preservation of all
ESI that is likely to be relevant in this action. The parties agree that any further issues regarding
ESI should be deferred until this Court has ruled on Defendants’ motion to dismiss the amended
complaint. The parties agree to address this in a supplemental Rule 26(f) report at that time.
4. Rule 26(f)(3)(D): Issues about claims of privilege or of protection.
The parties agree that negotiation concerning a protective order and any related issues of
privilege should be deferred until this Court has ruled on Defendants’ motion to dismiss the
amended complaint. The parties agree to address this in a supplemental Rule 26(f) report at that
time.
5. Rule 26(f)(3)(E): Changes to be made in the limitations on discovery.
The parties agree that decisions to be made about changes to the limitations on discovery
should be deferred until this Court has ruled on Defendants’ motion to dismiss the amended
complaint. The parties agree to address this in a supplemental Rule 26(f) report at that time.
6. Rule 26(f)(3)(F): Other orders that the Court should issue under Rule 26(c) or
under Rule 16(b) and (c).
At this time, the parties do not anticipate that the Court should issue any orders related to
discovery. The parties agree to address whether any new need has arisen for further Court orders
under Rule 26(c) or Rule 16(b) or (c) in a supplemental Rule 26(f) report once this Court has
ruled on Defendants’ motion to dismiss the amended complaint.

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Case 1:18-cv-03501-JGK Document 167 Filed 09/07/18 Page 3 of 4

Respectfully submitted,

Dated: September 6, 2018

/s/ Joseph M. Sellers
Michael Eisenkraft (#6974)
Joseph M. Sellers (admitted Pro Hac Vice)
Cohen Milstein Sellers & Toll PLLC
Geoffrey A. Graber (admitted Pro Hac Vice)
88 Pine St. ● 14th Floor
Julia A. Horwitz (admitted Pro Hac Vice)
New York, NY 10005
Alison S. Deich (Pro Hac Vice pending)
[phone]
Cohen Milstein Sellers & Toll PLLC
1100 New York Ave. NW ● Fifth Floor
Washington, DC 20005
[phone]
Attorneys for Plaintiff

/s/ Michael A. Carvin
Michael A. Carvin (admitted Pro Hac Vice)
Mary Ellen Powers (admitted Pro Hac Vice)
William D. Coglianese (admitted Pro Hac Vice)
Jones Day
51 Louisiana Avenue N.W.
Washington, DC 20001
[phone]
Attorneys for Donald J. Trump for President, Inc.

James M. Gross (#1989)
Jones Day
250 Vesey Street
New York, New York 10281
[phone]

Dated: September 6, 2018

Respectfully submitted,
/s/ Robert Buschel
Robert C. Buschel
Counsel of Record
(FL Bar No. 0063436)
BUSCHEL GIBBONS, P.A.
ONE FINANCIAL PLAZA – SUITE 1300
100 S.E. THIRD AVENUE
FORT LAUDERDALE, FL 33394
[phone]
[e-mail]
Attorneys for Roger Stone

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Case 1:18-cv-03501-JGK Document 167 Filed 09/07/18 Page 4 of 4

/s/ Scott S. Balber
Scott S. Balber
Jonathan C. Cross
Michael P. Jones
Pamela K. Terry
Herbert Smith Freehills New York LLP
450 Lexington Avenue, 14th Floor
New York, NY 10017
[phone]
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Attorneys for Aras Agalarov and Emin Agalarov

Dated: September 6, 2018

Dated: September 6, 2018

Dated: September 6, 2018

Dated: September 6, 2018

/s/ Abbe David Lowell
Abbe David Lowell (#2981)
Christopher D. Man (Pro Hac Vice pending)
Winston & Strawn LLP
1700 K Street NW
Washington, D.C. 20006
202-282-5000
Attorneys for Jared Kushner

/s/ Alan S. Futerfas
Alan F. Futerfas
565 5th Avenue, 7th Floor
New York, NY 10017
[phone]
Attorneys for Donald Trump Jr.

/s/ Caroline Polisi
Caroline Polisi
Pierce Bainbridge Beck Price &Hecht LLP
20 West 23rd Street, Fifth Floor
New York, NY 10010
[phone]
Attorneys for George Papadopoulos.

3

Counsel for Aras Agalarov and Emin Agalarov intend to file notices of appearance in this
action shortly. For the avoidance of doubt, neither this submission nor the subsequent notices of
appearance constitute a waiver of any defenses available to either Aras Agalarov or Emin
Agalarov, and all such defenses are expressly reserved.
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