Free Report of Rule 26(f) Planning Meeting - District Court of California - California

Case 3:08-cv-00301-JLS-JMA

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KAREN P. HEWITT United States Attorney TOM STAHL, California State Bar No. 78291 Assistant United States Attorney Chief, Civil Division LAUREN M. CASTALDI JUSTIN S. KIM Trial Attorneys, Tax Division U.S. Department of Justice P.O. Box 683, Ben Franklin Station Washington, D.C. 20044-0683 Telephone: (202) 514-9668 Facsimile: (202) 307-0054 E-mail: [email protected] E-mail: [email protected] Attorneys for the United States of America IN THE UNITED STATES DISTRICT COURT

12 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -13344132.1 LAUREL HILL ESCROW SERVICES, INC., a) California corporation, ) ) Plaintiff, ) ) v. ) ) IDEVELOPMENT, INC., a California ) corporation dba A&M TOWING; ) ADVANTAGE TOWING COMPANY, INC., ) a California corporation; MICHAEL ) BRANDEN, an individual; RE/MAX; ) COMMUNITY BANK; JIMMY JOHNSON'S ) KEARNY MESA CHEVROLET; LOMA ) RIVIERA 76; NCO FINANCIAL SYSTEMS, ) INC.; BRIDGET LEGGERRETTE; GEORGE ) PONCE; THE HOSE PROS; VOIT ) COMMERCIAL BROKERAGE; WELCH'S ) TIRES, INC.; AT&T; and CALIFORNIA ) DEPARTMENT OF MOTOR VEHICLES, ) ) ) Defendants, ) ) v. ) ) Case No. 08-CV-0301-H-JMA

JOINT DISCOVERY PLAN Hearing Date: June 27, 2008 Time: 2:00 p.m.

Case 3:08-cv-00301-JLS-JMA

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1 THE UNITED STATES OF AMERICA, 2 Defendant. 3 4 The undersigned parties to the above-entitled action file this Joint Discovery Plan and 5 respectfully show as follows: 6 1. 7 2. 8 Civ. P. 26(a)(1) by June 19, 2008. 9 3. 10 Discovery will be needed on the following subject: (1) the contract between IDevelopment, Inc. 11 and Advantage Towing Company, Inc.; (2) the priority of the other claims to the interplead funds. 12 Disclosure or discovery of electronically stored information should be handled as follows: Either 13 printed or produced on hard-copy paper or produced electronically in a read-only format. 14 The parties have not agreed to an order regarding claims of privilege or of protection as trial15 preparation material asserted after production, but all agree to be bound by Fed. R. Civ. P. 26(a)(5)(B). 16 All discovery commenced in time to be completed by October 20, 2008. 17 Maximum of 25 interrogatories by each party to any other party. Responses due 30 days after 18 service. 19 Maximum of 10 depositions by each party to any other party. Nothing prevents a party from 20 seeking leave of court to take additional depositions should any party learn of additional witnesses 21 through discovery. 22 Each deposition is limited to a maximum of 7 testimonial hours, exclusive of breaks, unless 23 extended by agreement of the parties. 24 Although the parties do not anticipate the need for expert testimony in this case, the following 25 deadlines are agreed to in the unlikely event that expert testimony should become necessary. Reports 26 from retained experts under Rule 26(a)(2) due from the parties by October 3, 2008. 27 28 -23344132.1 Discovery Plan. The parties jointly propose to the court the following discovery plan: Pre-Discovery Disclosures. The parties will exchange the information required by Fed. R. Pursuant to Fed. R. Civ. P. 26(f), the parties held a telephonic meeting on June 2, 2008. ) ) ) ) )

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1 2 3 4 5 6 7 8 9 10 11 12 Dated: 13 14 15 16 Dated: 17 18 19 20 Dated: 21 22 23 24 Dated: 25 26 27 28

4.

Other Items.

The parties should be allowed until June 27, 2008, to join additional parties and to amend the pleadings. All potentially dispositive motions should be filed by December 1, 2008. Final lists of witnesses and exhibits under Rule 26(a)(3) should be due on January 5, 2009. Community Bank would like final lists to be due on January 19, 2008. Objections to the final lists of witnesses and exhibits under Rule 26(a)(3) should be due on January 20, 2009. Community Bank would like the deadline for objections to be February 2, 2009. This case should be ready for trial by March 9, 2009, and at this time is expected to take approximately 1 day.

June 18, 2008

/s/ Lauren Castaldi LAUREN M. CASTALDI U.S. Department of Justice, Tax Division (202) 514-9668 Attorney for the United States

June 18, 2008

/s/ Mark Share MARK SHARE De Castro, West, Chodorow, Glickfeld & Nass, Inc. (310) 478-2541 Attorney for Community Bank

June 19, 2008

/s/ Cynthia Jones CYNTHIA M. JONES, ESQ. Avatar Legal (858) 793-9800 Attorney for IDevelopment

June 16, 2008

/s/ Steve Lopez STEVE LOPEZ, ESQ. Geraci & Lopez (619) 231-3131 Attorney for Advantage Towing Co, Inc. -33344132.1

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1 Dated: 2 3 4 5 Dated: 6 7 8 9 10 11 12 Attorney for Laurel Hills Escrow Services, Inc. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -43344132.1 Dated: June 18, 2008 /s/ Michael Brandon MICHAEL BRANDON (818) 522-6060 In Pro Per Dated: DONALD MERKIN Merkin & Associates (858) 454-3244 ALAN BOYD GRAVES Neil, Dymott, Frank, McFall & Trexler (619) 238-1712 Attorney for Neil, Dymott, Frank, McFall & Trexler APLC June 16, 2008 /s/ Harvey Berger HARVEY BERGER Pope, Berger & Willams, LLP (619) 595-1366 Attorney for Defendants Ponce and Liggerette