Case 2:15-cv-07503-MWF-JC Document 12 Filed 10/26/15 Page 1 of 5 Page ID #:369

1 ANAND LAW, PC
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BRANDON J. ANAND (SBN 262183)

brandon@anandlaw.com
5455 Wilshire Blvd., Suite 1812
Los Angeles, CA 90036
Telephone: (323) 325-3389
Facsimile: (323) 488-9659
Attorneys for Plaintiff JANE DOE

7 CULPEPPER LAW GROUPE

THADDEUS J. CULPEPPER (SBN 220194)

8 710 S. Garfield Avenue

9 Alhambra, CA 91801

T: (626) 786-2779

10 F: (626) 380-1577

P R O F E S S I O N A L

ANAND LAW

C O R P O R A T I O N

11 Attorneys for Plaintiff JANE DOE

12 BAUTE CROCHETIERE & GILFORD LLP
13 MARK D. BAUTE (SBN 127329)

mbaute@bautelaw.com
14 777 South Figueroa Street, Suite 4900
15 Los Angeles, California 90017

Telephone: (213) 630-5000

16 Facsimile: (213) 683-1225

17 Attorneys for Defendant
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DERRICK ROSE

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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22 JANE DOE (A Pseudonym),

Plaintiff,

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Case No. CV 15-7503-MWF(JCx)

Complaint Filed: August 26, 2015

v.

DERRICK ROSE, an Individual;

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RANDALL HAMPTON, an
26 Individual; RYAN ALLEN, an
Individual; and DOES 1-10 Inclusive,
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Defendants.
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Joint FRCP 26(f) Report

JOINT REPORT ON EARLY

MEETING OF COUNSEL
PURSUANT TO FRCP RULE 26(F)
Judge:
Hon. Michael W. Fitzgerald
Courtroom: 1600
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Case No. CV 15-7503-MWF(JCx)

Case 2:15-cv-07503-MWF-JC Document 12 Filed 10/26/15 Page 2 of 5 Page ID #:370

JOINT REPORT ON THE EARLY MEETING

OF COUNSEL PURSUANT TO FRCP 26(f)

Pursuant to FRCP 26(f), counsel for the parties, Brandon J. Anand, Esq. for

4 plaintiff JANE DOE (DOE), Mark D. Baute and Andrea Voelker for Defendant
5 DERRICK ROSE (ROSE), met telephonically on Monday, October 19, 2015, and
6 report as follows:
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1.

Statement of the Case: The plaintiff, Jane Doe, is an adult woman, 29

9 years of age, who alleges she was raped at her apartment on Washington Boulevard
10 in Los Angeles on the morning of August 27, 2013 by all three Defendants. The

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11 Defendant alleges that no rape occurred at all.

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2.

Subject Matter Jurisdiction: The case was removed to federal court

13 on diversity of citizenship grounds. Defendant claims to be a citizen of Chicago,

14 Illinois. Plaintiff disputes Defendants claim. Plaintiff is a citizen of California.
15 The amount in controversy exceeds the $75,000 jurisdictional minimum.
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3.

Legal Issues: Whether proper subject matter jurisdiction exists.

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4.

Parties and Witnesses:

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a.

Plaintiff

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b.

Derrick Rose

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c.

Randall Hampton

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d.

Ryan Allen

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e.

Claudia Carleo

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f.

Jessica Kendra Groff

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g.

Marcella Carleo

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h.

Keyana Lavergne

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i.

Gabriela Chavez

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Damages: Plaintiff claims $6,000,000 in compensatory damages and

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Joint FRCP 26(f) Report

Case No. CV 15-7503-MWF(JCx)

Case 2:15-cv-07503-MWF-JC Document 12 Filed 10/26/15 Page 3 of 5 Page ID #:371

1 without merit.
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Insurance: None.

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Motions: Plaintiff intends to file a motion to remand the case to state

4 court. Defendant intends to move to compel the plaintiff to submit to deposition, and
5 a motion for summary judgment. Plaintiff contends Defendant has submitted no
6 notice of deposition and that a summary judgment motion would never be
7 appropriate in this fact-driven case.
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Manual for Complex Litigation: Not Applicable.

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Status of Discovery: At the joint status report meet and confer, held

10 on October 19, 2015, between Brandon J. Anand, for Plaintiff and Mark Baute and

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11 Andrea Voelker, for the Defendant, counsel agreed to exchange informal discovery.
12 The deadline for such exchange, per FRCP 26(a)(1)(C), is November 2, 2015. As of
13 this date, neither side has exchanged discovery. Plaintiff will depose all Defendants.
14 Defense counsel intends to depose five of the eight lay witnesses identified above,
15 along with the apartment building personnel, if any, that the Plaintiff identifies as
16 witnesses.
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10.

Discovery Plan and Discovery Cut Off: Plaintiff suggests that lay

18 discovery can be completed by April 8, 2017. Defendant suggest that lay discovery
19 can be completed by June 1, 2016.
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Plaintiff suggests expert discovery can be completed by May 8, 2017.

21 Defendants suggests expert discovery can be completed by September 1, 2016.

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Plaintiff suggests the expert discovery cut-off can be May 8, 2017. Defendant

23 suggests the expert discovery cut off can be September 1, 2016.

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11.

Expert Witness Disclosures: Plaintiff suggests expert witnesses can

25 be disclosed, including Rule 26 reports, on or before April 8, 2017. Defendant

26 suggests expert witnesses can be disclosed, including Rule 26 reports, on or before
27 June 1, 2016.
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Plaintiff suggests rebuttal experts, if any, can be identified, including any

Joint FRCP 26(f) Report

Case No. CV 15-7503-MWF(JCx)

Case 2:15-cv-07503-MWF-JC Document 12 Filed 10/26/15 Page 4 of 5 Page ID #:372

1 Rule 26 reports, by April 24, 2017. Defendant suggests rebuttal experts, if any, can
2 be identified, including any Rule 26 reports, by August 15, 2016.
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Plaintiff has identified one expert witness thus far, Reuben Vaisman-Tzachor.

12.

Dispositive Motions: The Defendants may bring a motion for

5 summary judgment on one or more claims. Plaintiff contends that a summary

6 judgment motion would never be appropriate in such a fact-driven case.
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13.

Settlement/ADR Resolution: Counsel agree that private mediation is

8 the best of the three identified alternatives. A second mediation may or may not be

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9 scheduled.
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14.

Trial Estimate: Seven to eight days.

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15.

Trial Counsel: Brandon Anand and Thaddeus J. Culpepper for

12 Plaintiff; Mark Baute, David Crochetiere and Laura Robbins for Defendant Derrick
13 Rose. Defendants Ryan Allen and Randall Hampton have not yet been served.
14 Plaintiff has hired a process server to serve Hampton and Allen.
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16.

Independent Expert or Master: Not applicable to this case.

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17.

Timetable: Exhibit A is completed and attached per this Courts order.

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18.

Other Issues: A protective order may be beneficial to all parties in

18 order to avoid undue media coverage, which can detract from the merits and distract
19 the parties from resolution.
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Respectfully submitted,

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22 DATED: October 26, 2015

ANAND LAW, PC

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By:

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/s/ Brandon J. Anand

BRANDON J. ANAND
Attorneys for Plaintiff
JANE DOE

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Joint FRCP 26(f) Report

Case No. CV 15-7503-MWF(JCx)

Case 2:15-cv-07503-MWF-JC Document 12 Filed 10/26/15 Page 5 of 5 Page ID #:373

1 DATED: October 26, 2015

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BAUTE CROCHETIERE & GILFORD LLP

By:

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/s/ Mark D. Baute

MARK D. BAUTE
Attorneys for Defendant
DERRICK ROSE

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Joint FRCP 26(f) Report

Case No. CV 15-7503-MWF(JCx)