Case 1:19-cv-00476-LO-MSN Document 39 Filed 02/11/20 Page 1 of 4 PageID# 680

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA
Alexandria Division
____________________________________
)
QUILL INK BOOKS LIMITED, )
Plaintiff, )
)
v. ) No. 1:19cv476-LO-MSN
)
a/k/a Addison Cain, )
Defendant. )
)

JOINT DISCOVERY PLAN

Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, Local Civil Rule 26(A) and

this Court’s January 17, 2020 Order (Doc. 38), the parties jointly propose the following discovery

plan:

1. The parties met and conferred on February 11, 2020, 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 June 12, 2020.

2. The parties do not request mediation at this time but will cooperate to schedule a

settlement conference before a Magistrate Judge, or mediation before a private mediator, if 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 serve Rule 26(a)(1) disclosures by February 14, 2020.

5. At this time, the parties do not propose to exceed five (5) non-party, non-expert

witness depositions, or to serve more than thirty (30) interrogatories, including parts and subparts,
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without leave of Court; however, each party reserves its right to seek to enlarge these limits for

good cause should the need arise.

6. The parties agree to make expert disclosures on the schedule set forth in the local

rules.

7. The form in which documents are produced will be governed by Rule 34(b)(2)(E).

If necessary, the parties will meet and confer to develop a protocol to govern the production of

electronically stored information (“ESI”).

8. The parties will meet and confer on the terms of a stipulated protective order to

protect any confidential or proprietary information that may be exchanged during discovery, which

they will submit to the Court on or before February 14, 2020.

9. Pursuant to Federal Rule of Evidence 502(e), the parties have agreed that (a) an

inadvertent production or disclosure of materials subject to a claim of privilege or work product

will not cause a waiver of such privilege or protection; and (b) if 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. The parties further understand that the Court may enter a Rule 16(b) Scheduling Order

adopting this plan, thereby incorporating this agreement in a court order.

10. The parties have confirmed that they are taking all reasonable steps necessary to

preserve all discoverable material, including ESI.

11. The parties agree that they will produce privilege logs as soon as practicable after

they have completed their production of documents. The parties agree that they do not have to

log privileged communications or work product that has been created after the filing of the case
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styled Quill Ink Books Limited, et al. v. ABCD Graphics and Design Inc., et al., No. CIV-18-920-

G (W.D. Okla. filed Sept. 18, 2018).

12. Any party that serves a document or deposition subpoena on a third party will serve

a copy of such subpoena upon the other parties when it is issued. Any party that receives

documents from a third party pursuant to a subpoena will promptly make those documents

available to any other party, at the other party’s cost.

13. All pleadings, motions, and other papers that are filed electronically through the

Court CM/ECF system are deemed served electronically as provided by the Federal Rules and

local rules. If a party files a pleading, motion, or other paper under seal, that party will serve on

opposing counsel a complete copy contemporaneously with the sealed filing. In addition, pursuant

to Federal Rule of Civil Procedure 5(b)(2)(E), the parties consent to service by email of all

discovery requests, objections, and written responses, (collectively, “Discovery Papers”). The

serving party shall attach such Discovery Papers or Documents as a .pdf file or other usable form

of electronic file (e.g., WORD); if transmission of voluminous materials (such as attachments,

exhibits, or document productions) as an email attachment is impractical, then those materials may

be served via a File Transfer Protocol site (“FTP site”), or served via overnight delivery through a

service with the ability to “track” deliveries and verify receipt. For Discovery Papers making

requests, service by e-mail prior to 7:00 p.m., Eastern Time shall be the equivalent of service by

hand that day for the purposes of Rules 5 and 6. If email service of Discovery Paper making a

request is made after 7:00 p.m. Eastern Time, or on a non-business day, service shall be deemed

to have been made on the next business day. If service by overnight courier has been made, it will

be the equivalent of service by hand on the day of receipt, or the first business day after receipt.
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14. The parties’ agreement to the terms of this plan notwithstanding, each side reserves

the right to seek further modification of this plan under the Federal Rules and the Local Rules for

good cause shown.

JOINTLY SUBMITTED this 11th day of February 2020:

/s/ John M. Bredehoft /s/ Craig C. Reilly

John M. Bredehoft (VSB # 33602) Craig C. Reilly (VSB # 20942)
KAUFMAN & CANOLES, P.C. 111 Oronoco Street
150 West Main Street, Suite 2100 Alexandria, Virginia 22314
Norfolk, Virginia 23510 T: (703) 549-5354
T: 757-625-3000 F: (703) 549-5355
jmbredehoft@kaufcan.com E: craig.reilly@ccreillylaw.com

Counsel for Plaintiff Shawn M. Dellegar (Pro Hac Vice)

CROWE & DUNLEVY, P.C.
321 South Boston Avenue, Suite 500
Tulsa, Oklahoma 74103
T: (918) 592-9800
E: shawn.dellegar@crowedunlevy.com

Tynia A. Watson (Pro Hac Vice)

CROWE & DUNLEVY, P.C.
324 N. Robinson Ave., Suite 100
Oklahoma City, Oklahoma 73102
T: (405) 235-7500
E: tynia.watson@crowedunlevy.com
Counsel for Defendant