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

Case 3:08-cv-01052-MHP

Document 37

Filed 08/08/2008

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DEREK A. ELETICH, CAL. BAR NO. 193393 [email protected] LAW OFFICE OF DEREK A. ELETICH 155 Forest Avenue Palo Alto, CA 94301 Telephone: (650) 543-5477 Facsimile: (650) 429-2028 Attorney for Defendant ANIL RAO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division I. MICHAEL ROSS, Plaintiff, v. TOMLAB OPTIMIZATION AB, TOMLAB OPTIMIZATION, INC., and ANIL RAO, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C-08-01052-MHP DEFENDANT ANIL RAO'S FRCP 26(f) DISCOVERY PLAN

1.

PRELIMINARY MATTERS

Plaintiff I. MICHAEL ROSS ("Ross") filed his Report on FRCP 26(f) Conference on July 15, 2008, and Defendant TOMLAB OPTIMIZATION, INC. ("Tomlab") filed its FRCP 26(f) Discovery Plan on July 15, 2008. Defendant ANIL RAO ("Rao") did not receive a Request for Waiver of Service of Summons from Ross' attorney until July 24, 2008, and did not file his Answer until August 8, 2008. On August 6, 2008, and at Rao's attorney's request, counsel for Ross, Tomlab and Rao had a conference call to discuss the parties' respective discovery plans. Rao now files his FRCP 26(f) Discovery Plan based upon counsels' conference call. 2. INITIAL DISCLOSURES

Ross and Tomlab stated that they have exchanged Initial Disclosures. Rao agreed to serve his Initial Disclosures by August 20, 2008, and Ross and Tomlab agreed to serve their Initial Disclosures on Rao by August 20, 2008.

DEFENDANT ANIL RAO'S FRCP 26(f) DISCOVERY PLAN Case No. C-08-01052-MHP

Case 3:08-cv-01052-MHP

Document 37

Filed 08/08/2008

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PRESERVATION OF DISCOVERABLE INFORMATION

Rao has no issues with regard to preservation of discoverable information, and no such issues were raised by any other party during counsels' conference call. 4. A. DISCOVERY PLAN Rao does not request any change in the timing, form, or requirement for

disclosures under FRCP 26(a), and will make his disclosures as specified above. B. Rao does not request that discovery be conducted in phases or be limited

to or focused on particular issues, and suggest that discovery should be completed either 60 or 30 days before trial. C. Rao does not believe that there are any current issues with regard to

disclosure or discovery of electronically stored information. D. Ross and Tomlab have stipulated to a Protective Order that has been

entered by the Court. There are no current issues with regard to claims of privilege or protection of trial-preparation materials. E. Rao does not request that any changes should be made in the limitations

imposed on discovery. F. 5. Rao does not request any other orders under FRCP 26(c) or 16(b) and (c). CONCLUSION

Rao respectfully requests that the Court order that discovery can begin immediately now that Rao has appeared and the parties have met and conferred regarding FRCP 26(f). Dated: August 8, 2008 LAW OFFICE OF DEREK A. ELETICH /s/ Derek A. Eletich By:________________________________________ DEREK A. ELETICH Attorney for Defendant ANIL RAO

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DEFENDANT ANIL RAO'S FRCP 26(f) DISCOVERY PLAN Case No. C-08-01052-MHP