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Good intentions and $5 will gett a small Americano house coffee at Bucks.
Most to all OTC Pink crap ought to re-register as non-profit organizations.
Well it was good intentions. And I feel for the folks who poured monies in. May good fortune return to All of US who lost.
No wait, if he intervenes in the case for absolutely no reason, he can bill at least up to the trial next year. Since we get NOTHING from an intervention, its all free money for him.
And Finger gott ripped. Since he does NOTT represent a party to the CBV litigation, he cannot submit his musing on the Deaf Earl Motion, and that sadly means a missed billing opportunity for Finger.
Heck, he cannot even SEE the UNREDACTED versions of the various filings by the parties. This restricts the amount of time he can credibly bill for reviewing court filings.
He is the Oddfellow ~OUTT when it comes to billables opportunities. At least in the Federal District Court in Dull-Aware. When the court is in session, DaBailiff prolly gives TheFinger tickets to sit in the balcony or DaBleachers, since he cannot sit at the adults table as he reps a current non-party. Mebbe he can wartch proceedings on a CCTV hookup in DaJohn or a broom closet in the court building.
Which of these two would you rather have represent you? Clearly Saul ... errr .... Slippin' Jimmy!
At least Saul can make Cinnabons.
The cabal has had zero effect on this case, other than really pissing off the judge in Delaware. Might as well take a nap, as the CBV case wont be heard until either May or December of next year, and a derivative case wont happen until years after that.
LOL! It was DISMISSED for lack of personal jurisdiction - exactly as forecast here. Billy lacks even minimal contacts to California. Suing him there was beyond stupid. At least DEIRDRE has decent lawyers who know the appropriate venues in which to sue.
What a joke. IMO legal malpractice. Nuthin butt pure wasted munny. Every single penny spent by KIAN and Klubbhaus was totally and wholly wasted and accomplished nott one single thang other that paying a few mortgage and car payments for Radar and the Realtor.
Well, and we gott some ennertainment from Radar with his hilarious plea to nott have to fly to Philadelphia ... or Wilmington ... or Dulles ... or National ... or BWI ... or EWR ... or Acela train ... etc. COVID/monkeypox/anthrax/shigella/ThePlagueBlackDeath/hantavirus/Lactobacillus/infectious communicable hemorrhoids ~OUTTbreaks. That was some funny shit. DaCourt gott some laffs from his off-gassing. Making baldfaced, obvious LIES to a sitting Federal judge in their court is generally a poor choice. Nott calling in to his own scheduled hearing - well, that was just the cherry on topp.
Radar
How is the Kamal / Gregory suit ? Are there any results to this point ? And no derogatory remarks please.
Radar and the Realtor explain the dismissal of the silly Orange County failed Klubhaus lawsuit to former-plaintiffs KIAN KAMAL/KAMAL KIAN and That GregoryGuy -100 percent pure wasted munny for nothing!) :
No need to pore over incoming discovery documents anymore (do you have any idea where one can gett a micro-sized Bates stamp to Bates stamp those 3/8-inch wide shredder strips?)
Uhh, Earl can still read and rite - just like a deaf person (who are often deposed in litigations and even can be plaintiffs) - just let them follow on the court reporter live feed on a TV or notebook/tablet computer in front of them (like each party's legal counsel does already! You get a live feed of the transcription as it is being done - on your notebook/tablet - normal practice) - they can reply verbally or by typing their answers. Or sign language with an interpreter and CONfirmation of the life feed transcription to make shure it is what the deponent/witness intended by their sign language.) No need for a delay of a year. Courts deal with deaf people all the time - no need to waste months to a year for surgery and such. This is routine stuph!!
Except ... yup, that's Wright - more billing this way!!!. Way more billables - all delays are billables opportunities - all motions are free munny for DaLawDawgzz. Pays for the fifth vacation home in Snowmass. Pays for the Audi S8 (and Pirelli snow tyres for it - and a ski rack - and new skis and boots - and the season lift passes (Snowmass/Buttermilk/Aspen (Mountain and Highlands))).
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
CBV, INC.,
Plaintiff
v.
CHANBOND, LLC,
Defendant
and
DIERDRE LEANE and IPNAV, LLC,
Defendants.
C.A. No. 1:21-cv-01456-MN
SCHEDULING ORDER [NON-PATENT]
This _______ day of _________________, 2022, the Court having conducted an initial
Rule 16(b) scheduling conference pursuant to Local Rule 16.1(b), and the parties having determined
after discussion that the matter cannot be resolved at this juncture by settlement, voluntary mediation,
or binding arbitration;
IT IS ORDERED that:
1. Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard. The parties shall
make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five (5) days
from the date the Court enters this Order. If they have not already done so, the parties are to review
the Court's Default Standard for Discovery, Including Discovery of Electronically Stored Information
("ESI"), which is posted at http://www.ded.uscourts.gov (see Other Resources, Default Standard for
Discovery) and is incorporated herein by reference
________________
2. Application to Court for Protective Order. Should counsel find it will be necessary to
apply to the Court for a protective order specifying terms and conditions for the disclosure of
confidential information, counsel should confer and attempt to reach an agreement on a proposed form
of order and submit it to the Court within five (5) days from the date the Court enters this Order.
Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow the
provisions of Paragraph 7(g) below.
Any proposed protective order must include the following paragraph:
Other Proceedings. By entering this order and limiting the disclosure of
information in this case, the Court does not intend to preclude another
court from finding that information may be relevant and subject to
disclosure in another case. Any person or party subject to this order who
becomes subject to a motion to disclose another party's information
designated "confidential" [the parties should list any other level of
designation, such as "highly confidential," which may be provided for in
the protective order] pursuant to this order shall promptly notify that party
of the motion so that the party may have an opportunity to appear and be
heard on whether that information should be disclosed.
3. Papers Filed Under Seal. In accordance with section G of the Revised Administrative
Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed
document shall be filed electronically within seven (7) days of the filing of the sealed document.
4. Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of all
briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations,
affidavits etc.). This provision also applies to papers filed under seal. All courtesy copies shall be
double-sided.
5. ADR Process. This matter is referred to a magistrate judge to explore the possibility of
alternative dispute resolution.
________________
6. [Plaintiff’s Proposal: Limited Discovery Relating to Validity of the Advisory
Services Agreement. Unless otherwise ordered by the Court or agreed to by parties, the limitations
on discovery set forth in the Federal Rules shall be strictly observed.
(a) Discovery Cut Off. All discovery relating to the validity of the Advisory
Services Agreement shall be initiated so that it will be completed on or before August 26, 2022.
(b) Cross-Use of Discovery. The parties hereby agree that any discovery taken
in the arbitration referenced in the Complaint shall be deemed to have been taken in this action,
and Defendants shall expeditiously provide Plaintiff with copies of any discovery requests, written
discovery responses, documents, and deposition transcripts exchanged or taken in that arbitration.
(c) Document Production. Document production shall be substantially
complete by August 19, 2022.
(d) Requests for Admission. Absent good cause, a maximum of five (5)
requests for admission relating to the validity of the Advisory Services Agreement are permitted
for each side.
(e) Interrogatories.
i. Absent good cause, a maximum of five (5) interrogatories, including
contention interrogatories, relating to the validity of the Advisory Services Agreement are
permitted for each side.
ii. The Court encourages the parties to serve and respond to contention
interrogatories early in the case. In the absence of agreement among the parties, contention
interrogatories, if filed, shall first be addressed by the party with the burden of proof. The adequacy
________________________
of all interrogatory answers shall be judged by the level of detail each party provides (i.e., the more
detail a party provides, the more detail a party shall receive).
(f) Depositions.
i. Limitation on Hours for Deposition Discovery. Each side is limited
to a total of Ten (10) hours of taking testimony by deposition upon oral examination relating to
the validity of the Advisory Services Agreement.
7. All Remaining Discovery. Unless otherwise ordered by the Court or agreed to by
parties, the limitations on discovery set forth in the Federal Rules shall be strictly observed.
(a) Discovery Cut Off. All discovery in this case shall be initiated so that it
will be completed on or before January 20, 2023.
(b) Cross-Use of Discovery. The parties hereby agree that any discovery taken
in the arbitration referenced in the Complaint shall be deemed to have been taken in this action,
and Defendants shall expeditiously provide Plaintiff with copies of any discovery requests, written
discovery responses, documents, and deposition transcripts exchanged or taken in that arbitration.
(c) Document Production. Document production shall be substantially
complete by December 2, 2022.
(d) Requests for Admission. Absent good cause, a maximum of Twenty (20)
requests for admission are permitted for each side.
(e) Interrogatories.
i. Absent good cause, a maximum of Twenty (20) interrogatories,
including contention interrogatories, are permitted for each side.
ii. The Court encourages the parties to serve and respond to contention
interrogatories early in the case. In the absence of agreement among the parties, contention
_____________________
interrogatories, if filed, shall first be addressed by the party with the burden of proof. The adequacy
of all interrogatory answers shall be judged by the level of detail each party provides (i.e., the more
detail a party provides, the more detail a party shall receive).
(f) Depositions.
i. Limitation on Hours for Deposition Discovery. Each side is limited
to a total of Twenty-Four (24) hours of taking testimony by deposition upon oral examination.
ii. Location of Depositions. Any party or representative (officer,
director, or managing agent) of a party filing a civil action in this district court must ordinarily be
required, upon request, to submit to a deposition at a place designated within this district.
Exceptions to this general rule may be made by order of the Court. A defendant who becomes a
counterclaimant, cross-claimant, or third-party plaintiff shall be considered as having filed an
action in this Court for the purpose of this provision.
(g) Disclosure of Expert Testimony.
i. Identification of Experts. The Parties shall disclose the identity of
any proposed affirmative expert they intend to use on a given subject matter, regardless of which
party has the initial burden of proof on that subject matter, on December 21, 2022. The disclosure
shall include the identity and CV of the expert, for conflicts purposes, and a general description of
the intended subject matter of the expert’s report. The identity and CV of any rebuttal expert shall
be disclosed on January 20, 2022.
ii. Expert Reports. For the party who has the initial burden of proof on
the subject matter, the initial Federal Rule of Civil Procedure 26(a)(2) disclosure of expert
testimony is due on or before February 10, 2023. The supplemental disclosure to contradict or
rebut evidence on the same matter identified by another party is due on or before March 10, 2023
____________________________
Reply expert reports from the party with the initial burden of proof are due on or before March
31, 2023. No other expert reports will be permitted without either the consent of all parties or
leave of the Court. Along with the submissions of the expert reports, the parties shall advise of
the dates and times of their experts' availability for deposition.
iii. Objections to Expert Testimony. To the extent any objection to
expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it
shall be made by motion no later than fourteen (14) days after the close of expert discovery,
unless otherwise ordered by the Court. Briefing will be presented pursuant to the Court’s Local
Rules.
iv. Expert Discovery Cut Off. All expert discovery in this case shall be
initiated so that it will be completed on or before May 30, 2023. ]
[Defendants’ Proposal: Defendants oppose bifurcation of discovery with respect to
limited, early discovery related to validity of the Advisory Services Agreement, oppose the
scheduling order dictating how the parties are to allocate their discovery resources in the
event of bifurcation, and CBV’s proposed deviation from the discovery limits the parties
agreed to when they submitted their prior proposed scheduling order. Defendants’ proposed
schedule is set forth below:
(a) Discovery Cut Off. All discovery in this case shall be initiated so that it
will be completed on or before November 21, 2022.
(b) Cross-Use of Discovery. The parties hereby agree that any discovery taken
in the arbitration referenced in the Complaint shall be deemed to have been taken in this action,
____________________________
and Defendants shall expeditiously provide Plaintiff with copies of any discovery requests, written
discovery responses, documents, and deposition transcripts exchanged or taken in that arbitration.
(c) Document Production. Document production shall be substantially
complete by October 3, 2022.
(d) Requests for Admission. Absent good cause, a maximum of Twenty (20)
requests for admission are permitted for each side.
(e) Interrogatories.
i. Absent good cause, a maximum of Twenty (20) interrogatories,
including contention interrogatories, are permitted for each side.
ii. The Court encourages the parties to serve and respond to contention
interrogatories early in the case. In the absence of agreement among the parties, contention
interrogatories, if filed, shall first be addressed by the party with the burden of proof. The adequacy
of all interrogatory answers shall be judged by the level of detail each party provides (i.e., the more
detail a party provides, the more detail a party shall receive).
(f) Depositions.
i. Limitation on Hours for Deposition Discovery. Each side is limited
to a total of Thirty-Five (35) hours of taking testimony by deposition upon oral examination.
ii. Location of Depositions. Any party or representative (officer,
director, or managing agent) of a party filing a civil action in this district court must ordinarily be
required, upon request, to submit to a deposition at a place designated within this district.
Exceptions to this general rule may be made by order of the Court. A defendant who becomes a
counterclaimant, cross-claimant, or third-party plaintiff shall be considered as having filed an
action in this Court for the purpose of this provision
___________________________
(g) Disclosure of Expert Testimony.
i. Identification of Experts. The Parties shall disclose the identity of
any proposed affirmative expert they intend to use on a given subject matter, regardless of which
party has the initial burden of proof on that subject matter, on October 21, 2022. The disclosure
shall include the identity and CV of the expert, for conflicts purposes, and a general description of
the intended subject matter of the expert’s report. The identity and CV of any rebuttal expert shall
be disclosed on November 20, 2022.
ii. Expert Reports. For the party who has the initial burden of proof on
the subject matter, the initial Federal Rule of Civil Procedure 26(a)(2) disclosure of expert
testimony is due on or before December 21, 2022. The supplemental disclosure to contradict or
rebut evidence on the same matter identified by another party is due on or before January 20,
2023. Reply expert reports from the party with the initial burden of proof are due on or before
February 3, 2023. No other expert reports will be permitted without either the consent of all
parties or leave of the Court. Along with the submissions of the expert reports, the parties shall
advise of the dates and times of their experts' availability for deposition.
iii. Objections to Expert Testimony. To the extent any objection to
expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it
shall be made by motion no later than fourteen (14) days after the close of expert discovery,
unless otherwise ordered by the Court. Briefing will be presented pursuant to the Court’s Local
Rules.
iv. Expert Discovery Cut Off. All expert discovery in this case shall be
initiated so that it will be completed on or before March 20, 2023. ]
______________________
(h) Discovery Matters and Disputes Relating to Protective Orders.
i. Any discovery motion filed without first complying with the
following procedures will be denied without prejudice to renew pursuant to these procedures.
ii. Should counsel find, after a reasonable effort pursuant to Local
Rule 7.1.1 that they are unable to resolve a discovery matter or a dispute relating to a protective
order, the parties involved in the discovery matter or protective order dispute shall contact the
Court's Judicial Administrator to schedule an argument.
iii. On a date to be set by separate order, generally not less than four (4)
days prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed
three (3) pages, outlining the issues in dispute and its position on those issues. On a date to be set
by separate order, but generally not less than three (3) days prior to the conference, any party
opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that
party's reasons for its opposition.
iv. The parties shall provide to the Court two (2) courtesy copies of its
discovery letter and any other document filed in support of any letter (i.e., appendices, exhibits,
declarations, affidavits etc.). This provision also applies to papers filed under seal. All courtesy
copies shall be double-sided.
v. Should the Court find further briefing necessary upon conclusion of
the conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute
prior to the conference and will, in that event, cancel the conference.
______________________________
8. Motions to Amend / Motions to Strike.
(a) Any motion to amend (including a motion for leave to amend) a pleading
or any motion to strike any pleading or other document shall be made pursuant to the discovery
dispute procedure set forth in Paragraph 7(g) above.
(b) Any such motion shall attach the proposed amended pleading as well as a
"redline" comparison to the prior pleading or attach the document to be stricken.
9. Case Dispositive Motions.
(a) Case dispositive motions relating to the validity of the Advisory Services
Agreement, an opening brief, and affidavits, if any, in support of the motion shall be served and
filed on or before September 16, 2022.
(b) All other case dispositive motions not contemplated in Paragraph 9(a), an
opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before
[Plaintiff’s Proposal: July 28, 2023; Defendants’ Proposal: December 20, 2022]. Briefing will
be presented pursuant to the Court’s Local Rules. No case dispositive motion under Rule 56 with
respect to this Paragraph 9(b) may be filed more than ten (10) days before the above date without
leave of the Court.
(c) Concise Statement of Facts Requirement. Any motion for summary
judgment shall be accompanied by a separate concise statement, not to exceed six (6) pages, which
details each material fact which the moving party contends is essential for the Court’s resolution
of the summary judgment motion (not the entire case) and as to which the moving party contends
there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph
and shall be supported by specific citation(s) to the record
____________________________
Any party opposing the motion shall include with its opposing papers a response to the
moving party’s concise statement, not to exceed six (6) pages, which admits or disputes the facts
set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent
a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record.
Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate
that fact is not in dispute for purposes of summary judgment. The party opposing the motion may
also include with its opposing papers a separate concise statement, not to exceed four (4) pages,
which sets forth material facts as to which the opposing party contends there is a genuine issue to
be tried. Each fact asserted by the opposing party shall also be set forth in a separate numbered
paragraph and shall be supported by specific citation(s) to the record.
The moving party shall include with its reply papers a response to the opposing party's
concise statement of facts, not to exceed four (4) pages, on a paragraph-by-paragraph basis. Failure
to respond to a fact presented in the opposing party’s concise statement of facts shall indicate that
fact remains in dispute for purposes of summary judgment.
10. Applications by Motion. Except as otherwise specified herein, any application to
the Court shall be by written motion. Any non-dispositive motion should contain the statement
required by Local Rule 7.1.1.
11. Motions in Limine. Motions in limine shall not be separately filed. All in limine
requests and responses thereto shall be set forth in the proposed pretrial order. Each party shall be
limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine
request and any response shall contain the authorities relied upon; each in limine request may be
supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three
(3) pages of argument, and the party making the in limine request may add a maximum of one (1)
___________________________
additional page in reply in support of its request. If more than one party is supporting or opposing
an in limine request, such support or opposition shall be combined in a single three (3) page
submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the
Court. No separate briefing shall be submitted on in limine requests, unless otherwise permitted
by the Court.
12. Pretrial Conference. On [Plaintiff’s Proposal: November ____,
2023/Defendants’ Proposal: April ___, 2023], the Court will hold a pretrial conference in Court
with counsel beginning at _____. The parties shall file with the Court the joint proposed final
pretrial order in compliance with Local Rule 16.3(c) and the Court's Preferences and Procedures
for Civil Cases not later than seven (7) days before the pretrial conference. Unless otherwise
ordered by the Court, the parties shall comply with the timeframes set forth in Local
Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order. The Court will
advise the parties at or before the above-scheduled pretrial conference whether an additional
pretrial conference will be necessary.
The parties shall provide the Court two (2) double-sided courtesy copies of the joint
proposed final pretrial order and all attachments. The proposed final pretrial order shall contain a
table of contents.
13. Trial. This matter is scheduled for a 3 day bench trial beginning at 9:30 a.m. on
[Plaintiff’s Proposal: December _______, 2023/Defenants’ Proposal: May ___, 2023], with the
subsequent trial days beginning at 9:00 a.m. The trial will be timed, as counsel will be allocated a
total number of hours in which to present their respective cases.
_________________
The Honorable Maryellen Noreika
United States District Judge
_____________________________________
Counsel Shall Provide a Chart of All Relevant Deadlines
EVENT PLAINTIFF’S PROPOSED
DEADLINE
DEFENDANT’S
PROPOSED DEADLINE
Application for Protective Order Five (5) days after entry of
Scheduling Order
Same
Rule 26(a)(1) Initial Disclosures Five (5) days after entry of
Scheduling Order
Same
Phase 1 (Validity of ASA)
Discovery Cut Off
August 26, 2022 N/A
Phase 1 Document Production
Substantial Completion
August 19, 2022 N/A
Phase 2 Discovery Cutoff January 20, 2023 November 21, 2022
Phase 2 Document Production
Substantial Completion
December 2, 2022 October 3, 2022
Identification of Affirmative
Experts
December 21, 2022 October 21, 2022
Identification of Rebuttal Experts January 20, 2022 November 20, 2022
Plaintiff’s Expert Report February 10, 2023 December 21, 2022
Defendants’ Rebuttal Expert
Report
March 10, 2023 January 20, 2023
Plaintiff’s Reply Expert Report March 31, 2023 February 3, 2023
Expert Discovery Cut Off May 30, 2023 March 20, 2023
Objections to Expert Testimony Fourteen (14) days after the
close of expert discovery
Same
Case dispositive motions relating
to the validity of the Advisory
Services Agreement
September 16, 2022 N/A
All other case dispositive
motions
July 28, 2023 December 20, 2022
__________________________
Pretrial Order and Motions in
Limine
Seven (7) days before the
Pretrial Conference
Same
Pretrial Conference November ___, 2023 April ____, 2023
Trial December ___, 2023 May _____, 2023
https://storage.courtlistener.com/recap/gov.uscourts.ded.76834/gov.uscourts.ded.76834.136.2_1.pdf
Issue The Parties’ Positions
Entry of a schedule Plaintiff believes entry of a schedule is appropriate at this time, and
that, particularly given Mr. Hennenhoefer’s medical condition, it is
urgent that the parties move quickly.
Defendants agree that the case should move forward, but do not
believe a schedule can issue in advance of the Court’s ruling on the
stockholders’ motions to intervene (D.I. 34, 100). While Defendants
continue to believe the motions should be denied, their grant would
require a different schedule because additional pleadings and
discovery would occur, and additional issues would be before the
Court.
Bifurcation Plaintiff asks that the schedule be bifurcated, with discovery taken
prior to August 26, 2022 limited to discovery “relating to the validity
of the Advisory Services Agreement” (the “ASA”) in order to facilitate
what Plaintiff anticipates will be an early summary judgment motion
on that topic.
Defendants oppose bifurcating or limiting discovery. Both ChanBond
and Leane Defendants have already produced all documents they
have relating to this issue, having conducted extensive discovery
regarding the ASA in the Texas arbitration. CBV has been in
possession of those documents since late March. There is no reason
to limit Defendants’ discovery of CBV, or of each other.
Moreover, Defendants oppose CBV’s proposal that Defendants’
principals – Ms. Leane and Mr. Carter – be required to travel to
Delaware for two separate depositions (once on the validity of the
ASA, and a second time on whatever other issues CBV is interested in
inquiring of them about). There is no reason CBV cannot take
fulsome depositions on all topics, having received Defendants’
extensive document productions. Similarly, there is no reason to
require Defendants to limit their questioning of Mr. Hennenhoefer,
Mr. Stine, and Mr. Snyder to issues relating to the ASA, and then
depose them a second time on other issues (particularly given CBV’s
representation that Mr. Hennenhoefer will be unavailable for a year
or longer).
Defendants have no objection to CBV making an early summary
judgment motion regarding the ASA, while discovery is ongoing as to
other matters. But there is no need to bifurcate discovery in order to
enable it
Limits on Discovery Devices in
the Event of Bifurcation
Plaintiff proposes that if discovery is bifurcated, each party be
limited to five interrogatories, five requests for admission, and 10
___________________________________
Issue The Parties’ Positions
hours of depositions in the ASA phase of the case, and 20
interrogatories and 24 hours of post-ASA depositions .
Defendants propose 35 hours of total deposition time – which is the
limit that all parties agreed to when they submitted a proposed
schedule for the Court’s consideration on March 16, 2022 (D.I. 24) –
and agree to overall limits of 20 interrogatories and requests for
admission. But if the Court bifurcates discovery, it should not
artificially limit how Defendants elect to allocate their deposition
time, interrogatories, and requests for admission. For instance,
Leane Defendants would expect to depose each of CBV’s three
principals (Mr. Hennenhoefer, Mr. Stine, and Mr. Snyder) with
respect to issues relating to the ASA, and may wish to devote more
than 10 total hours to such depositions. And Defendants may wish to
serve more than five total interrogatories and requests for admission
on each other and CBV in connection with the ASA. There is no
reason for the Court to set artificial limits on how the parties allocate
their discovery resources by issue, and CBV’s attempt to restrict
Defendants’ ability to conduct discovery on the purported ASA issue
is inappropriate and unjustified.
Discovery Cut-off Plaintiff proposes that all discovery in the case be complete on or
before January 20, 2023.
Defendants propose a discovery cutoff of November 21, 2022. Given
that all defendants have already substantially completed their
document production, and that Plaintiff has had nearly a year to
collect its documents in anticipation of discovery requests (which
Leane Defendants intend to serve promptly upon entry of a
scheduling order) there is no reason for a discovery period longer
than 3-4 months. The remaining dates proposed by CBV (for
identification of experts, expert discovery, dispositive motions, and
trial) should be adjusted accordingly
______________________________________
Issue The Parties’ Positions
Expert Discovery Period Plaintiff proposes that opening expert reports be due 20 days after
the completion of discovery, rebuttal reports 30 days thereafter, and
reply reports 21 days from the service of rebuttal reports. Plaintiff
further proposes that expert discovery be completed 60 days after
service of the reply reports.
Defendants propose that the parties retain the schedule they
already agreed to in the proposed schedule submitted on March 16,
2022 (D.I. 24): Opening reports due 30 days after the close of fact
discovery; rebuttal reports due 30 days thereafter; reply reports due
14 days thereafter, and expert discovery complete by 45 days after
service of reply reports.
Case Dispositive Motions Plaintiff proposes that case dispositive motions not directed to the
ASA be due 60 days after the completion of expert discovery.
Defendants propose that the parties retain the schedule they
already agreed to in the proposed schedule submitted on March 16,
2022 (D.I. 24): case dispositive motions to be filed 30 days after the
close of fact discovery.
Trial Plaintiff proposes trial be scheduled in November 2023.
Defendants propose trial be scheduled in May 2023.
https://storage.courtlistener.com/recap/gov.uscourts.ded.76834/gov.uscourts.ded.76834.136.1_1.pdf
The billing meter is now running so hard it sounds like a woodchipper running a small block Chevy with a Roots blower, nitrous oxide injection, and straight-thru headers (no glasspacks, no mufflers). Draining the Chanbond munny bucket faster than a top fuel dragster drains a can of nitromethane during a 3.7 second quarter-mile run.
Always bee billing!
Every litigation is just another hole shot in the Chanbond bucket to drain legal fees and expenses
Yup.
I knew that.
Got the deduction for the contribution when I was in a higher tax bracket.
Thanks.
Can’t take a right off from an Ira account or a Roth account no tax deductions
136 Letter to The Honorable Maryellen Noreika from Geoffrey Grivner regarding health issue of Plaintiff and proposed Schedule. (Attachments: (1) Exhibit A, (2) Exhibit B)(Grivner, Geoffrey)
Main Document
Attachment 1
_________________________________________
August 3, 2022
VIA CM/ECF
The Honorable Maryellen Noreika
United States District Court, District of Delaware
J. Caleb Boggs Federal Building
844 N. King Street
Unit 19
Room 4324
Wilmington, DE 19801-3555
Re: CBV, Inc. v. ChanBond, LLC, et al., C.A. No. 1:21-cv-01456
Dear Judge Noreika:
I respectfully write on behalf of Plaintiff CBV, Inc. (“CBV”) to: (1) advise the Court of a
serious medical condition of a CBV principal, Mr. Earl Hennenhoefer; and (2) to request entry of
a proposed Scheduling Order with a scheduling accommodation for Mr. Hennenhoefer’s medical
condition, while recognizing the significant scheduling burdens of this Court.
Mr. Hennenhoefer has a degenerative hearing-based medical condition which has been
degrading at an accelerated rate over the past 4-5 months to the point at which he is nearly deaf
and for which his physician is recommending near-term surgery as soon as possible to preserve
any future ability to hear to the greatest extent possible. The urgency of this request is attributed
to scheduling a limited discovery period on select issues associated with a possibly case-dispositive
Summary Judgement motion that will involve Defendants’ likely notice of Mr. Hennenhoefer’s
deposition. The contemplated surgical procedure will render Mr. Hennenhoefer unable to hear
and meaningfully participate in this litigation for a year or more while he recovers and retrains his
brain to hear, such that his deposition must occur before his surgical procedure to avoid it having
to be delayed indefinitely.
Mr. Hennenhoefer’s medical condition has prompted CBV to meet and confer with the
Defendants in an effort to keep the case moving forward. The parties’ un-entered, Proposed
Scheduling Order [D.I. 24] of March 23, 2022 will need to be revised and re-submitted to the
Court. While the parties have reached agreement on certain terms, disagreement remains as to
certain others, namely bifurcation of discovery with respect to certain issues related to ASA and a
corresponding motion for summary judgment on these issues, and the appropriate schedule for all
_____________________________
August 3, 2022
Page - 2 -
discovery in this action. Attached herewith are a proposed scheduling order indicating the parties’
respective proposed schedules and a chart identifying the areas of disagreement and the parties’
positions as to each such issue.
Other currently pending pleadings include: (1) CBV’s Motion for Preliminary Injunction
fully briefed on April 7, 2022 [D.I. 18, 48-51, 54, 65]; (2) UnifiedOnline, Inc.’s Motion for
Intervention [D.I. 34, 37, 46, 73-74, 76, 87-88]; and (3) Leane Defendants’ Motion for Judgment
on the Pleadings fully briefed on June 28, 2022 [D.I. 104-107, 123, 124-125]. CBV’s Motion for
Preliminary Injunction has an outstanding issue of whether Leane Defendants may submit a surreply (yet to be decided by the Court [D.I. 71-72, 89]).
1 Otherwise all three motions are ready to
be heard.
Given Mr. Hennenhoefer’s medical condition, CBV requests that Your Honor authorize
for submission and enter a revised, proposed Scheduling Order, which includes a limited discovery
phase related to CBV’s planned Summary Judgment motion.
Should Your Honor have any questions or wish to schedule a status conference, counsel
remains available at Your Honor’s convenience.
Respectfully submitted,
/s/ Geoffrey G. Grivner
Geoffrey G. Grivner (#4711)
Enclosures
GGG/
cc: All Counsel of Record (via CM/ECF)
In any event, Leane Defendants filed their sur-reply along with their Motion for Leave, so briefing
is still complete on the Motion for Preliminary Injunction whether or not the Court grants the
Motion for Leave for Sur Reply.
No biggie.
I thought you asked.
Mine is in IRA.
Stay well.
Only payout/gains is to the lawyers involved,
a fine Southern gentleman, and dear Deidre.
Not bothering with a write-off. It is a pittance
of UOIP. IceWeb went to the grave with Rob.
Corruption is rampant. You have to live with it. I fight it every day. Uphill battle.
AllinFun.....I've lost out on what going on months ago...thanks for your post you make more sense than all the rest put together.
Any distribution of cash to shareholders would be a dividend not a share purchase, so capital gains tax basis is irrelevant. Besides that, any distribution would need to be authorized by UnifiedOnline, Inc. which is controlled by Billy. Otherwise UnifiedOnline is free to spend the Chanbond money as it deems appropriate.
The point is that capital gains/loss basis for UOIP stock is irrelevant with regard to any payment of lawsuit proceeds left over, if any. Not that we are going to see a penny in any case.
Consult an accountant for further information. As regards UOIP, this is an academic question.
You can write it off if you like.
If a payout, basis is zero for gain.
If one is going to gift the worthless UOIP shares to someone, gift them to someone one hates - like nephews and nieces. Leave them high and dry while the rest of the fambly getts the hugely valuable other pennystock winners in the portfolio.
This is the best way for the widely-despised nephews and nieces to learn how one can make huge bank investing in the pennyscams over time. Buy and hold - that is the pennyscam motto. Hold until revoked. Then still hold and give to the widely-despised nephews and nieces. That'll teach em.
A worthless lawyer
A little something for the tax preparer this year?
UOIP: the gift that isn't giving. Time to write off?
why keep paying a team of lawyers if there is nothing else?
Indeed. It is just wasted munny flushed into lawyers' 3rd vacation homes.
Butt foolish peeples do foolish thangs.
However I find it entertaining. And kosmickly karmic.
And I love lissening to DaBuzz of DaBillingMeter running. Sweet, sweet sound!!!
Time for DaBoyz to begin looking for that 4th vacation home. Chile is a purty kool place to spend the Norte American winters. Good fishing there too!!
Everyone should also remember that it's been over a year since settlement date. Why did it take this long for any of the leaked information regarding settlement value to get out? Seems a bit convenient that the number started leaking as soon as they saw real pressure from shareholder action. Not to mention there is an NDA in place which prohibits anyone from releasing information on the settlement. To do so makes them liable to a counter-suit to get all funds taken back. They are not stupid enough to be releasing this information to the public as these are lawyers who have already been pretty clever thus far in trying to screw everyone involved.
So you don't recall? Or you do recall and just ignore the facts to continue the $125 million that is not confirmed officially by anyone of note besides Deidre's arb which again just happened to be released as soon as they got in hot water with shareholder action and also happens to carry no liability for their misleading information?
Again, I am not claiming the $125 million settlement number is fake, it's just not confirmed as you claim through an article that provides no sources and an arb that really means nothing to us at this point. There was definitely more to this deal than $125 million, I can tell you that. They don't sue a company that was a small piece of the pie for $133 million to then have a global settlement for $125 million when Comcast was 8x + more liable than Cox at a minimum. Especially when they made it all the way to trial and the defendant gave up on Day 2. There is no logic in that theory.
None of that was in the settlement of $125 million. I see that the BS department of the clubhouse is back and making stuff up again. Amazing how the real revelations of the settlement amount are greek to them.
So much fighting going on for pennies....you could make more money picking up tin cans.
This demonstrates the difference between ASKING PRICE and PRICE PAID.
This is an important distinction for people engaged in business to unnerstann.
It is similar to a forward-looking statement compared to reality.
Zomby, do you recall your report back from trial regarding Mr. Whitman's statement that they were seeking $133 million from Cox alone?
What happened to the $133 million from Cox now turning into an apparent global settlement across all infringers for $125 million where Cox was only a fraction of Comcast.
Lotsa cases axe for hunnerts of millions of billions and gett NUFFIN.
Billy waaay overperformed with the shitty patent cards he had to play. It just shows that suing 13 deep pockets victims on the same facts and issues will get one a much better GTFOH nuisance suit settlement number when you can argue that the payors will be saving 13 cases full of legal fees rather than just one. 13 times a small number is a larger number.
Leftover shekels pile at Chanboned
Woodentit be humerus if Billy retires to zero income tacks state Alaska and becomes Billy ''Ralph'' Carter the fine Northern gentleman.
Since he will be joining The Northern Tier, I will need to give him lessons (paid, of course!) in how to fish for Northern pike, walleye, and the elusive musky/muskie (and, if in Alaska, grayling, rainbows, Dolly Varden, steelhead, and Arctic char).
Billy! I can teach you the secrets of Northern tier fishing - for only $945/hr (2022 mid-year hourly rate) - plus expenses such as boat rental, gas, sammiches, beer, bait, licenses, trolling motor rental and battery charges, snakebite medicine (Bulleit or Jack Daniels brands for men, blackberry brandy for the lady fishermen), and tackle rental.
Tools of every Fine Northern Gentleman
Reporting present.
It was unwise to pay Radar and the Realtor even one shekel.
Every penny - wasted - accomplished exactly NOTHING.
thank you....my point exactly!
Who attended all the hearings and clarified to everyone here to "Trust Billy"... wait no, "Trust CBV"... wait no "Trust Deidre"... should I keep going?
Some should tread lightly when reading posts from someone that meets a man like Billy Carter and immediately trusts everything he says... or meets opposing council and trusts everything they say.
One must also remember, had we listened - there would be absolutely nothing on the table for shareholders at this time as it would have been far to late to try and get involved legally when the ship has already sailed.
When will the fine southern gentleman be paying us?
Its been a lot of fun here since the real settlement number got its second confirmation. Some prefer to put their hands over their ears, close their eyes and chant "La La La La LA" when exposed to the truth.
Wow! Lots of posts for me to read today.
In addition, there needs to be 1 peep here not deluded by the clubhouse to post what is really going on.
There are two confirmations of the settlement online, in addition to other information we wont go into that has always been correct. Do the math, Deirdre's $27.5 million arb award is exactly 22% of $125 million.
I like the quality response. Par for the course.
The clubhouse is still delusional.
Who wrote this article... What was their source? Did they not declare right in their article that they had no source directly from either lawyer in question confirming the amount? Again the Deidre Arb is hearsay as they cannot be held liable for anything said in the arbitration.
If the settlement number is indeed $125 million and there is nothing else on the table by means of the patents being sold for a separate agreement - why then won't the powers that be release the information for everyone to see so they can get rid of disgruntled shareholders? Please do not say because of the NDA in place with the cable companies as they have already released this supposed settlement number in many different ways now to the public.
Why hasn't the cable companies put together a lawsuit as releasing an apparent settlement amount would be undermining the NDA in place?
It is unwise to claim the number is confirmed because of an article and an arbitration that was designed to mislead the parties involved in order to get them to go away. And also claiming that an article that will not even provide any real source to the information. For all you know Mischon got their $125 mil number from the Deidre arb just like you have and then makes claims to this author based on that information. In short, this article, along with Deidre's arb, confirms nothing.
They wernt sold. Their value was in past infringement.
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