Calendar Research LLC v. StubHub, Inc. et alNOTICE OF MOTION AND MOTION to Extend Discovery Cut-Off Date to 1/31/2019C.D. Cal.January 22, 20191 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Calendar Research LLC’s Notice of Motion to Narrowly Reopen Discovery Pierce Bainbridge Beck Price & Hecht LLP John M. Pierce (SBN 250443) jpierce@piercebainbridge.com 600 Wilshire Boulevard, Suite 500 Los Angeles, California 90017-3212 (213) 262-9333 Douglas S. Curran (pro hac vice) dcurran@piercebainbridge.com Conor McDonough (pro hac vice) cmcdonough@piercebainbridge.com 20 West 23rd St., 5th Floor New York, NY 10010 (212) 484-9866 Attorneys for Plaintiff Calendar Research LLC THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Calendar Research LLC, a Delaware limited liability company, Plaintiff, v. Michael Hunter Gray, an individual; StubHub, Inc., a Delaware corporation; eBay Inc., a Delaware corporation; Lisa Dusseault, an individual; Lasha Efremidze, an individual; and Does 5 through 10, inclusive, Defendants. Case No. 2:17–cv–04062–SVW–SS Hon. Stephen V. Wilson Plaintiff Calendar Research LLC’s Notice of Motion to Narrowly Reopen Discovery or in the Alternative for Sanctions [Filed Concurrently with Memorandum of Points and Authorities, Declaration of Conor B. McDonough, and [Proposed] Order] Case 2:17-cv-04062-SVW-SS Document 232 Filed 01/22/19 Page 1 of 3 Page ID #:8986 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 – 1 – Plaintiff Calendar Research LLC’s Notice of Motion to Narrowly Reopen Discovery TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that, pursuant to Plaintiff Calendar Research LLC’s (“Plaintiff”) Ex Parte Application to Shorten Time, filed immediately after this motion, Plaintiff will, and hereby does, move the Court, pursuant to Rules 6, 16, and 34 of the Federal Rules of Civil Procedure, for an Order to Narrowly Reopen Discovery or in the Alternative for Sanctions. This motion is made on the grounds that Defendants Michael Hunter Gray (“Gray”), Lasha Efremidze (“Efremidze”) (together, “Defendants”), and their attorney, Michael Baranov (“Baranov”), have delayed producing responsive documents to Plaintiff and have misled Plaintiff about the limited volume of responsive documents in their possession, custody, or control. After delaying producing discovery for over one month, Gray produced more than 212,000 documents one week before the close of discovery, and three days before his deposition. In addition to its size, the documents are also replete with technical errors, and also do not include documents from Gray’s personal email account, which had been demonstrated to contain responsive documents. For his part, Efremidze did not produce a single document, even though other parties produced responsive documents that were sent to his personal email accounts, to which he still has access. This motion is based on the accompanying Memorandum of Points and Authorities and the Declaration of Conor B. McDonough. Moreover, this motion is made following no less than four meet and confers with counsel for Michael Hunter Gray and Lasha Efremidze, with one as recent as January 21, 2019, and two separate Informal Discovery Conferences with Magistrate Judge Segal. Case 2:17-cv-04062-SVW-SS Document 232 Filed 01/22/19 Page 2 of 3 Page ID #:8987 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 – 2 – Plaintiff Calendar Research LLC’s Notice of Motion to Narrowly Reopen Discovery Dated: January 22, 2019 Respectfully submitted, /s/ Conor B. McDonough Pierce Bainbridge Beck Price & Hecht LLP John M. Pierce (SBN 250443) jpierce@piercebainbridge.com 600 Wilshire Blvd., Suite 500 Los Angeles, CA 90017 (213) 262-9333 Douglas S. Curran (pro hac vice) dcurran@piercebainbridge.com Conor B. McDonough (pro hac vice) cmcdonough@piercebainbridge.com 20 West 23rd St., 5th Floor New York, NY 10010 (212) 484-9866 Counsel for Plaintiff Calendar Research LLC Case 2:17-cv-04062-SVW-SS Document 232 Filed 01/22/19 Page 3 of 3 Page ID #:8988
