Case 1:12-cv-00852-GBL-JFA Document 67 Filed 01/02/13 Page 1 of 6 PageID# 748 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division GRAHAM SCHREIBER, Plaintiff, vs. Case No. 1:12 CV 00852 (GBL/JFA LORRAINE LESLEY DUNABIN, et al. Defendants. DEFENDANTS JOINT DISCOVERY PLAN Come now the below signed Defendants who have appeared in the above captioned case, CentralNic Ltd., Network Solutions LLC, Verisign Inc., Internet Corporation for Assigned Names and Numbers, and Enom, Inc., by counsel, and Lorraine Dunabin, pursuant to Rule 26(A of the Federal Rules of Civil Procedure, Local Civil Rule 26(A and this Court s Order dated December 20, 2012, hereby jointly propose the following discovery plan 1 : 1. On December 28, 2012, the parties conferred prior to the initial pretrial conference to consider the claims, defenses, possibilities of a prompt settlement or resolution of the case, trial before a Magistrate Judge, to arrange for the disclosures required by Rule 26(a(1, and to develop a discovery plan which will complete discovery by Friday, April 12, 2013. All of the Defendants agree with the proposed Discovery Plan 1 By submitting this Joint Discovery Plan, Defendants are not conceding the validity of Plaintiff's claims, are not waiving the arguments made in their pending motions to dismiss, and are not submitting to jurisdiction in the Eastern District of Virginia.
Case 1:12-cv-00852-GBL-JFA Document 67 Filed 01/02/13 Page 2 of 6 PageID# 749 described below. Plaintiff Graham Schreiber conferred with the Defendants but does not agree to the proposed Plan. 2. The parties will cooperate to schedule a settlement conference before a Magistrate Judge, or mediation before a private mediator, if, as the case proceeds, a settlement conference or mediation would appear to be beneficial. 3. The parties do not wish to proceed before a United States Magistrate Judge. 4. The parties will exchange Fed. R. Civ. P. 26(a(1 disclosures by Wednesday, January 23, 2013. 5. A party may not exceed five (5 non-party, non-expert witness depositions and may not serve on any other party more than thirty (30 interrogatories, including parts and subparts, without leave of Court. The parties agree that each party will be entitled to take the depositions of each of the parties and each expert witness designated by any of the parties. 6. The plaintiff will serve disclosures of expert testimony pursuant to Fed. R. Civ. P. 26(a(2 no later than Monday, February 11, 2013. The defendants will serve disclosures of expert testimony pursuant to Fed. R. Civ. P. 26(a(2 no later than Wednesday, March 13, 2013. Plaintiff shall disclose rebuttal evidence pursuant to Fed. R. Civ. P. 26(a(2 no later than Thursday, March 28, 2013. 7. The parties discussed discovery of electronically stored information and agreed that, due to the cost of such discovery and the benefits thereof, discovery of electronically stored information will not be sought in this action except for (a email communications (which may be produced as static images (paper or.pdf, with 2
Case 1:12-cv-00852-GBL-JFA Document 67 Filed 01/02/13 Page 3 of 6 PageID# 750 attachments to the extent any relevant emails exist, documents and files on the parties current computer systems; and (b to the extent any party maintains its files in electronic format rather than on paper, such files shall be produced electronically. Notwithstanding any agreement to limit electronic discovery, the parties agree that no party may rely in this action on any electronic document or information not produced in discovery. 8. The parties will confer on the terms of an appropriate protective order that may be deemed necessary to protect any confidential or proprietary information that may be exchanged during the course of discovery. The parties shall file the appropriate motion with the Court for approval of same should it become necessary. 9. The parties agree that interrogatories, requests for admissions, and requests for documents must be served no later than Friday, March 8, 2013 to be subject to a motion to compel, and no later than Tuesday, March 12, 2013 to warrant a response. 10. The parties agree that the deadline for deposition notices is Friday, March 8, 2013. 11. The parties agree that the last day to file motions is Wednesday, April 17, 2013. 12. The parties will electronically file Fed. R. Civ. P. 26(a(3 disclosures, exhibit lists, witness lists, and a written stipulation of uncontested facts on or before the final pretrial conference, Thursday, April 18, 2013 at 10:00 a.m. The exhibits themselves or a copy should be exchanged with opposing counsel before the conference. 13. Objections to exhibits must be filed by Monday, April 29, 2013. 14. Claim of Privilege or Protection of Trial Preparation Materials: The parties have agreed that an inadvertent production or disclosure of materials subject to a 3
Case 1:12-cv-00852-GBL-JFA Document 67 Filed 01/02/13 Page 4 of 6 PageID# 751 claim of privilege or work product shall not cause a waiver of such privilege or protection. In the event that either party inadvertently produces documents or materials subject to a claim of such privilege or protection, the producing party will identify the inadvertent disclosure and the receiving party will promptly return the materials. Each party will also produce a log of all documents withheld on the basis of attorney client privilege or other evidentiary privilege or doctrine. 15. Preservation of Discoverable Materials: The parties have confirmed that they are taking all reasonable steps necessary to preserve all discoverable material. 16. The parties have discussed all other items required to be discussed by Rule 26(f. SEEN AND AGREED: David G. Barger (VSB No. 21652 Amanda J. Katzenstein (VSB No. 82273 Greenberg Traurig, LLP 1750 Tysons Boulevard, Suite 1200 McLean, Virginia 22102 Tel: (703 749-1300 Fax: (703 749-1301 Email: bargerd@gtlaw.com Email: katzensteina@gtlaw.com Attorneys for Defendant enom, Inc. Ian C. Ballon Wendy M. Mantell (admitted pro hac vice Greenberg Traurig, LLP 1840 Century Park East, Suite 1900 Los Angeles, California 90067-2121 Tel: (310 586-7700 Fax: (310 586-7800 Email: ballon@gtlaw.com Email: mantellw@gtlaw.com Attorneys for Defendant enom, Inc. 4
Case 1:12-cv-00852-GBL-JFA Document 67 Filed 01/02/13 Page 5 of 6 PageID# 752 Walter D. Kelley Jr. (VSB No. 21622 Jones Day 51 Louisiana Avenue, NW Washington, DC 20001-2113 Tel: (202 879-2113 Fax: (202 626-1700 Email: wdkelley @jonesday.com Eric P. Enson (CA No. 204447 (admitted pro hac vice Jones Day 555 South Flower Street, 50 Fl Los Angeles, CA 90071 Tel: (213 243-2304 Fax: (213 243-2539 Email: epenson@jonesday.com Attorneys for Defendant Internet Corporation for Assigned Names and Numbers Jeremy D. Engle, Esq. (VSB No. 72919 Abigail A. Rubinstein (admitted pro hac vice Brian J. Winterfeldt Steptoe & Johnson LLP 1330 Conn. Ave., N.W. Washington, DC 20036 Tel: (202 429-3000 Fax: (202 429-3902 Email: jengle@steptoe.com Attorneys for Defendants CentralNic, Ltd. and Network Solutions, LLC Timothy B. Hyland (VSB No. 31163 Ifrah PLLC 1717 Pa. Ave., N.W., Suite 650 Washington DC 20006 Tel: (202 524-4152 Fax: (202 524-4141 Email: thyland@ifrahlaw.com Attorney for Defendant Verisign, Inc. 5
Case 1:12-cv-00852-GBL-JFA Document 67 Filed 01/02/13 Page 6 of 6 PageID# 753 Lorriane Lesley Dunabin 1 Chalder Farm Cottages, Chalder Lane Sidlesham, Chichester, West Sussex United Kingdom PO20 7RN Defendant LA 130,675,413v2 1-2-13 6