Calendar Research LLC v. StubHub, Inc. et al

Opposition Opposition re: EX PARTE APPLICATION to Continue Summary Judgment Deadline from April 1, 2019 287

C.D. Cal.March 25, 2019

-1- DEFENDANT LISA DUSSEAULT’S OPPOSITION TO EX PARTE APPLICATION TO CONTINUE SUMMARY JUDGMENT DEADLINE 327258.1 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 BRENDAN S. MAHER (SBN 217043) brendan.maher@strismaher.com ELIZABETH R. BRANNEN (SBN 226234) elizabeth.brannen@strismaher.com STEVEN B.F. STIGLITZ (SBN 222667) steven.stiglitz@strismaher.com STRIS & MAHER LLP 725 S. Figueroa Street, Suite 1830 Los Angeles, CA 90017 T: (213) 995-6800 | F: (213) 261-0299 Attorneys for Defendant Lisa Dusseault UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CALENDAR RESEARCH LLC, a Delaware limited liability company, Plaintiff, vs. 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, Courtroom 10A] DEFENDANT LISA DUSSEAULT’S OPPOSITION TO PLAINTIFF’S EX PARTE APPLICATION CONTINUE SUMMARY JUDGMENT DEADLINE Case 2:17-cv-04062-SVW-SS Document 290 Filed 03/25/19 Page 1 of 3 Page ID #:10907 -2- Case No. 2:17-cv-04062-SVW-SS DEFENDANT LISA DUSSEAULT’S JOINDER IN OPPOSITION TO EX PARTE APPLICATION TO SHORTEN TIME 327258.1 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 Defendant Lisa Dusseault (“Dusseault”) hereby opposes Plaintiff Calendar Research LLC’s (“Plaintiff”) Ex Parte Application to Continue Summary Judgment Deadline (the “Application”) solely on the grounds that Plaintiff is seeking an extension that is longer than necessary and of indeterminate length. The purported reason that Plaintiff is seeking the extension is to allow Plaintiff to use 137 documents from the document productions of Defendants Michael Hunter Gray and Lasha Efremidze, as to which StubHub, Inc. and eBay, Inc. (the “StubHub Defendants”) are asserting attorney-client privilege and/or work product protection, in the event the Magistrate Judge were to rule that the assertions of privilege and/or work product lack merit. Based on the pending discovery dispute, Plaintiff sought to extend the deadline to file a summary judgment motion from April 1, 2019 until an undetermined date 2 weeks after the resolution of the privilege and work product dispute. Since the time Plaintiff filed the Application, the Magistrate Judge issued an Order setting a briefing schedule on the privilege and work product dispute that obviates the need for an extension that is either lengthy or indeterminate in length. In particular, the Magistrate Judge scheduled: (1) an opposition to the pending discovery motion to be filed 7 days after the District Court’s order on this Application (if the District Court grants the Application) and (2) a reply in support of the pending discovery motion to be filed 3 days after the opposition. As such, it is likely that the privilege and work product dispute will be resolved within approximately 2 weeks of the District Court’s order on this Motion. In other words, if the District Court were to rule on the pending Application today, it is likely that the privilege and work product dispute will be resolved by April 8, 2019. [Dkt. #289.] In light of the purpose of Plaintiff’s Application to Continue Summary Judgment Deadline – which merely seeks to ensure that Plaintiff will have access Case 2:17-cv-04062-SVW-SS Document 290 Filed 03/25/19 Page 2 of 3 Page ID #:10908 -3- Case No. 2:17-cv-04062-SVW-SS DEFENDANT LISA DUSSEAULT’S JOINDER IN OPPOSITION TO EX PARTE APPLICATION TO SHORTEN TIME 327258.1 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 to any documents ordered produced as a result of the discovery motion pending before the Magistrate Judge – there is no reason for the Court to extend the time to file a summary judgment motion beyond April 8, 2019. DATED: March 25, 2019 STRIS & MAHER LLP By /s/ Steven B.F. Stiglitz Steven B. Stiglitz Attorneys for Defendant Lisa Dusseault Case 2:17-cv-04062-SVW-SS Document 290 Filed 03/25/19 Page 3 of 3 Page ID #:10909