Arrington v. Allen

Filing 14

JOINT STATUS REPORT signed by all parties estimated Trial Days: 7.. (George, Eric)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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8 MICHAEL ARRINGTON,an
individual,
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Plaintiff,
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vs.
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JENNIFER ALLEN, an individual,
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Defendant.
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No. 2:13 CV-00810-JLR
Hon. James L. Robart
JOINT RULE 26(F)REPORT
Date: July 22, 2013
Complaint Filed: May 7, 2013
Trial Date: None Set

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359520.1

JOINT RULE 26(F) REPORT

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Pursuant to Rule 26(~ of the Federal Rules of Civil Procedure, Western

2 District of Washington L.C.R. 26, and the Court's June 5, 2013 Order (Doc. 9),
3 counsel for the parties hereby present their Joint Rule 26(~ Report as follows:
4 1.

STATEMENT OF CASE

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Plaintiff Michael Arrington filed his Complaint against Defendant Jennifer

6 Allen on May 7, 2013. The Complaint asserts claims for defamation and
7 publication in a false light, and alleges that Defendant published defamatory
8 statements about Plaintiff, which statements Defendant refused to retract on
9 Plaintiff's demand, and which statements Defendant thereafter republished and
10 compounded by publishing additional defamatory statements. Plaintiff has
11 demanded a trial by jury.
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Defendant filed her Answer to the Complaint on June 17, 2013. Defendant

13 admits that she made all but one of the statements, and has asserted affirmative
14 defenses(1)that plaintiff is a public figure,(2)that the statements are true and
15 believed to be true, and (3)that venue is improper.
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PROPOSED DEADLINE FOR JOINING ADDITIONAL PARTIES

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The parties do not anticipate adding any additional parties.

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CONSENT TO ASSIGNMENT OF U.S. MAGISTRATE JUDGE

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No.

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DISCOVERY PLAN

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A.

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The parties agreed to commence the exchange of initial disclosures on or

Initial Disclosures

23 before August 5, 2013.
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B.

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Plaintiff anticipates needing the following discovery:

Subjects of Discovery

(1)

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All non-privileged emails sent by Plaintiff from January 1, 2012
to the time the lawsuit was served.

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389520.1

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JOINT RULE 26(F) REPORT

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(2)

All other electronic communications made by Plaintiff, including

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writings on SMS, Twitter, Facebook, Skype and other media,

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from January 1, 2012 to the time the lawsuit was served;

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(3)

All communications made by Plaintiff since January 1, 2004 that

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refer or relate to Plaintiff, or that refer or relate to rape, physical

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or mental abuse or threats thereof or assault, and any information

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regarding legal proceedings in which Plaintiff was allegedly

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involved as a defendant.

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(4)

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All photographic or other evidence pertinent to Defendant's
claimed defenses or alleged injuries.

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Defendant anticipates the following discovery:

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(1)

All non-privileged e-mails and other electronic media sent or

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received by Plaintiff from January 1, 2012 to the time the lawsuit

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was served which relate to Defendant.

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(2)

Any evidence of abuse by Plaintiff of other women.

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(3)

Any evidence of any element of general or special damage

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sustained by Plaintiff including medical and other records

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created by health care providers due to automatic waiver of his

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medical privileges) pursuant to RCW 5.60.060 (4)(b).

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C.

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Both parties anticipate having a substantial amount of electronically stored

Electronically Stored Information

22 information, and have agreed to discuss the form or format of the disclosure of such
23 II information.
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D.

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The parties have agreed that privileged communications concerning this

Privilege Issues

26 litigation (i.e., privileged communications concerning the potential commencement
27 of litigation and privileged communications occurring after the litigation was filed
28 concerning the litigation) do not need to be identified in privilege logs. The parties
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-2JOINT RULE 26(F) REPORT

1 further agreed that other privileged documents, to the extent they exist, should be
2 identified in a privilege log no later than thirty days after the document production
3 to which they are responsive. The parties also agreed that the provisions of Fed. R.
4 Civ. P. 26(b)(5) shall govern with respect to the issue of"clawback" of privileged
5 material. Defendant believes that the scope of discovery set forth at Part 4(B)(1)-(3)
6 is tioo broad and should be narrowed to that media which relates to Plaintiff.
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E.

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Changes or Limitations on Discovery, and Whether Discovery
Should Be Conducted in Phases or Focused on Particular Issues

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None.

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F.

Discovery Orders

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The parties have agreed that a stipulated protective order, protecting the

12 confidentiality of business information, may be appropriate in this case.
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VIEWS,PROPOSALS AND AGREEMENTS SET FORTH IN LOCAL

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RULE 26(f~(1) AND THE COURT'S JUNE 5,2013 ORDER(DOC.9)

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A.

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Prior to filing suit, Plaintiff unsuccessfully sought a retraction by Defendant

Prompt Case Resolution

17 of the statements at issue in this action.
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B.

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Plaintiff submits it is premature to discuss ADR,given the failure of recent

ADR

20 ~ ~ attempts to elicit a retraction from Defendant. Defendant believes that ADR will be
21 appropriate after initial discovery including depositions of the parties.
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C.

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None.

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D.

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The parties intend to adhere to the discovery procedures as set forth in the

Related Cases

Discovery Management

26 Federal Rules of Civil Procedure.
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E.

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See 4-B above.
389520.

Anticipated Discovery Sought

-3JOINT RULE 26(F) REPORT

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F.

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The parties currently anticipate no need for phasing motions.

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G.

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The parties do not currently anticipate any preservation issues.

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H.

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See 4-D above.

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I.

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See 4-C above.

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J.

Phasing Motions

Preservation of Discoverable Information

Privilege Issues

Protocol for Discovery of ESI

Alternatives to Model Protocol

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The parties do not currently propose an alternative model.

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DATE BY WHICH DISCOVERY CAN BE COMPLETED

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Summer of 2014.

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SEVERANCE,BIFURCATION OR OTHER ORDERING OF PROOF

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Plaintiff does not believe there should be any severance, bifurcation or other

15 ordering of proof. Defendant does not now have a position on bifurcation.
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Defendant believes that punitive damages are not obtainable under

17 Washington law.
18 8.

PRETRIAL STATEMENTS AND PRETRIAL ORDER

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The parties do not currently propose dispensing with pretrial statements and

20 the pretrial order.

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ADR

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See Part 5-B above.

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SHORTENING SIMPLIFYING CASE

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The parties do not believe any portion ofthe Manual For Complex Litigation

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A.

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The parties anticipate filing motions for summary judgment or, in the

Dispositive Motions

I~:~ alternative, partial summary judgment. Defendant anticipates filing a motion
389520,1

JOINT RULE 26(F) REPORT

1 regarding the propriety of venue in this District.
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B.

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The parties do not believe this case presents any unusual legal issues.

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C.

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The parties have engaged in settlement discussions. The parties believe

Unusual Leal Issues

Settlement

6 further settlement discussions will not be productive, at least until certain fact
7 discovery has been completed. See Part 5-B above.
8 11.

DATE CASE READY FOR TRIAL

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Fall 2014.

10 12.

WHETHER TRIAL WILL BE JURY OR NON-JURY

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Jury.

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LENGTH OF TRIAL

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The parties estimate the trial will take seven days.

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NAMES AND ADDRESSES OF ALL TRIAL COUNSEL

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For Plaintiff Michael Arrington:

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Sheryl J. Willert, WSBA #8617
William I. Aloe, WSBA #40906
WILLIAMS,KASTNER & GIBBS PLLC
601 Union Street, Suite 4100
Seattle, WA 98101-2380
Tel.[phone]

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Eric M. George(Pro Hac Vice)
BROWNE GEORGE ROSS LLP
2121 Avenue ofthe Stars, Suite 2400
Los Angeles, CA 90067
[phone]

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For Defendant Jennifer Allen:

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Kelby D. Fletcher(WSBA #5623)
Justo G. Gonzalez(WSBA #39127)
STOKES LAWRENCE,P.S.

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38)520.1

-SJOINT RULE 26(F) REPORT

1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
[phone]

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Nathan Goldberg (Pro Hac Vice)
ACCRED, MAROKO & GOLDBERG
6300 Wilshire Blvd., Suite 1500
Los Angeles, CA 90048
[phone]

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DATES WHICH TRIAL COUNSEL NOT AVAILABLE FOR TRIAL

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Counsel is unavailable for trial throughout the Fall of 2014.

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ALL PARTIES SERVED,IF NOT,WHEN

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The sole Defendant has been served.

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PARTIES WISH FOR SCHEDULING CONFERENCE BEFORE

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SCHEDULE ORDER

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No.

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18.

LIST DATES EACH PARTY FILED DISCLOSURE STATEMENT

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Not applicable.

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PARTIES CONSENT TO HAVING HEARINGS VIDEOTAPED

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No.

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389520.1

JOINT RULE 26(F) REPORT

1 ~ DATED: August 5, 2013
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By

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Eric M. George(Pro Hac Vice)
BROWNE GEORGE ROSS LLP
2121 Avenue of the Stars, Suite 2400
Los Angeles, CA 90067
Tel. [phone]
Fax [phone]
egeorge bgrfirm.com
Attorneys for Plaintiff Michael Arrington

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s/ Eric M. George

Sheryl J. Willert, WSBA #8617
William I. Aloe, WSBA #40906
WILLIAMS,KASTNER & GIBBS PLLC
601 Union Street, Suite 4100
Seattle, WA 98101-2380
Tel.[phone]
Fax [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Michael Arrington

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DATED: August 5, 2013
s/ Kelby D. Fletcher

By

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Kelby D. Fletcher(WSBA #5623)
Junto G. Gonzalez(WSBA #39127)
STOKES LAWRENCE,P.S.
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
[phone]

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Nathan Goldberg (Pro Hac Vice)
ACCRED, MAROKO & GOLDBERG
6300 Wilshire Blvd., Suite 1500
Los Angeles, CA 90048
[phone]
Attorneys for Defendant Jennifer Allen

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389520.1

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JOINT RULE 26(F) REPORT

PROOF OF SERVICE
2 ~ STATE OF CALIFORNIA,COUNTY OF LOS ANGELES
At the time of service, I was over 18 years of age and not a party to this
action. I am employed in the County of Los Angeles, State of California. My
4 business address is 2121 Avenue of the Stars, Suite 2400, Los Angeles, CA 90067.
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On August 5, 2013, I served true copies of the following document s)
described as JOINT RULE 26(F) REPORT on the interested parties in t is action
6 as follows:
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SEE ATTACHED SERVICE LIST

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BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed
the documents) with the Clerk of the Court by~using the CM/ECF system.
9 Participants in the case who are registered CM/ECF users will be served by the
CM/ECF system. Participants in the case who are not registered CM/ECF users will
10 be served by mail or by other means permitted by the court rules.
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I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct and that I am employed in the office
12 of a member of the bar of this Court at whose direction the service was made.

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Executed on August 5, 2013, at Los Angeles, California.

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Claudia Bonilla
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389520.1

JOINT RULE 26(F) REPORT

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SERVICE LIST

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Michael Arrington v. Jennifer Allen
U.S. District Court, Western District of Washington
at Seattle, Case No. 13-CV-00810-JLR

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Sheryl J. Willert, WSBA #8617
William I. Aloe, WSBA #40906
WILLIAMS,KASTNER
& GIBBS PLLC
601 Union Street, Suite 4100
Seattle, WA 98101-2380
Tel. [phone]
Fax [phone]
swiller~~,williamskastner.com
waloe williamskastner.com

Plaintiff's Co-Counsel

Kelby D. Fletcher(WSBA #5623)
11 Justo G. Gonzalez(WSBA #39127)
STOKES LAWRENCE,P.S.
12 1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
[phone]
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Counsel for Defendant

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14 Nathan Goldberg(Pao Hac Vice)
ACCRED,MAROKO
15 & GOLDBERG
6300 Wilshire Blvd., Suite 1500
16 Los Angeles, CA 90048
[phone]
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389520.1

JOINT RULE 26(F) REPORT