Hamdan Joint 26 Report

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

) UNITED STATES SECURITIES ) AND EXCHANGE COMMISSION, ) ) Plaintiff, ) C.A. No. 2:13-cv-15006-NGE-NKM ) v. ) ) RANDY A. HAMDAN and ) ORACLE CONSULTANTS, LLC. ) ) Defendants. ) )

JOINT RULE 26 REPORT

In anticipation of a Rule 16 Scheduling Conference to be held by the Court,

the parties submit this Joint Rule 26 Report.

1. The following persons participated in a Rule 26(f) conference on May 8,

2014 by telephone:

For Plaintiff:

Charles D. Stodghill, Esq. Carolyn G. Winters, Esq. U.S. Securities and Exchange Commission 100 F Street, N.E. Washington, D.C. 20549-5985 Telephone: (202) 551-4413 E-mail: [email protected]

2:13-cv-15006-NGE-MKM Doc # 12 Filed 05/16/14 Pg 1 of 5 Pg ID 42

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For Defendants Randy Hamdan and Oracle Consultants, LLC:

Matthew J. Lund, Esq. Deborah Kovsky-Apap, Esq. Pepper Hamilton LLP 100 Renaissance Center Suite 3600 Detroit, MI 48243-1157 Phone 248-359-7370 Phone: 248-359-7331 E-mail: [email protected] E-mail: [email protected]

2. The parties are pursuing settlement discussions that would potentially lead to

a bifurcated settlement in which Defendants would settle the claims as to liability

without admitting or denying the Plaintiffs claims, and would consent to some

number of remedies to be determined by the Court. Thus, the parties have agreed

to defer initial discovery pending the conclusion of settlement discussions. To

allow time to complete their ongoing settlement efforts, the parties propose that the

discovery period should commence on July 1, 2014 and proceed as provided in

Paragraph 3 below. If those efforts are unsuccessful, the parties request that they

be allowed to propose adjustments to the discovery period if circumstances

warrant.


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3. The parties propose this discovery plan:

(a) Subject to the pending settlement discussions and the provisions of

Paragraph 2 above, discovery may be taken concerning issues related to possible

remedies.

(b) To the extent necessary, the Plaintiff is prepared to produce all

relevant and non-privileged materials, which consist almost entirely of

electronically stored information, contained in its investigative files relating to this

matter. The parties do not presently anticipate any issues concerning electronically

stored information.

(c) The parties have not agreed to an order relating to claims of privilege

or the protection of trial preparation materials to date, but do not presently

anticipate any issues about claim of privilege.

(d) Any additional fact discovery, including depositions and third-party

document discovery, shall be completed 120 days after July 1, 2014.

(e) The parties do not presently anticipate requesting any changes to the

limitations on discovery imposed by the Federal Rules of Civil Procedure or the

Rules of this Court.

(f) The Plaintiffs expert reports, if any, shall be served on Defendants no

later than 14 days after the final day of fact discovery. Defendants expert reports,

if any, shall be served on the Plaintiff 14 days after the service of the Plaintiffs


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expert report on Defendants. Depositions of experts, if any, shall be completed

within 21 days of service of Defendants expert report.

4. Other Items:

(a) Dispositive motions shall be filed 30 days after the completion of all

discovery.

(b) The parties have been actively engaged in settlement discussions, yet

have not come to final agreement.

(c) Alternative dispute resolution: In the event the parties are unable to

resolve the dispute through their present efforts, Defendants believe that a

facilitation conducted by a member of the Court would enhance the likelihood of

settlement. Defendants would request the Courts assistance in coordinating such a

facilitation. Plaintiff believes that any formal mediation efforts should be deferred

until after the conclusion of fact discovery.


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(d) Rule 26(a)(3) witness lists, designations of witnesses whose testimony

will be presented by deposition, and exhibit lists relating to any trial or hearing

shall be submitted 30 days after the resolution of any pending dispositive motions.

Dated: May 16, 2014

For the Plaintiff

. /S/ Charles D. Stodghill Charles D. Stodghill U.S. Securities and Exchange Commission

100 F Street, N.E. Washington, D.C. 20549-5985 Telephone: (202) 551-4413 E-mail: [email protected]

For Defendants Randy Hamdan and Oracle Consultants, LLC /S/ Matthew J. Lund Matthew J. Lund

Matthew J. Lund (P48632) Deborah Kovsky-Apap (P68258) Pepper Hamilton LLP 100 Renaissance Center Suite 3600 Detroit, MI 48243-1157 Phone 248-359-7370 Phone: 248-359-7331 E-mail: [email protected] E-mail: [email protected]


Hamdan Joint 26 Report

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