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Case 2:11-cv-01426-GMS Document 28 Filed 10/12/11 Page 1 of 4

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GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

David S. Gingras, #021097 Gingras Law Office, PLLC 3941 E. Chandler Blvd., #106-243 Phoenix, AZ 85048 Tel.: (480) 668-3623 Fax: (480) 248-3196 David@GingrasLaw.com Attorney for Plaintiff Xcentric Ventures, LLC

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA XCENTRIC VENTURES, LLC, an Arizona limited liability company, Plaintiff, v. LISA JEAN BORODKIN, et al., Defendants. Pursuant to Fed. R. Civ. P. 26(d)(1), Plaintiff Xcentric Ventures, LLC (Xcentric) respectfully moves this Honorable Court for an order permitting Plaintiff to perform limited early discovery (i.e, discovery prior to the Rule 26(f) conference). As explained herein, Plaintiff seeks leave to perform discovery solely for the purposes of locating and serving one of the defendants in this matter, Defendant Daniel F. Blackert (Mr. Blackert). I. BACKGROUND Case No: 11-CV-1426-PHX-GMS PLAINTIFFS MOTION FOR LEAVE TO PERFORM EXPEDITED/EARLY DISCOVERY

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This matter is an action for malicious prosecution arising from a civil lawsuit filed in California against Xcentric Ventures styled Asia Economic Institute, LLC v. Xcentric Ventures, LLC, Case. No. 10-CV-1360 (C.D.Cal.). The defendants in this case are the former plaintiffs from the California proceeding (Asia Economic Institute, LLC, Raymond Mobrez, and Iliana Llaneras) and the lawyers who represented them (Lisa J. Borodkin and Daniel F. Blackert).
MOTION FOR LEAVE TO PERFORM EARLY/EXPEDITED DISCOVERY

Case 2:11-cv-01426-GMS Document 28 Filed 10/12/11 Page 2 of 4

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GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

To date, all defendants have been served with the Complaint/Summons except for Mr. Blackert. As explained in the declaration of counsel submitted herewith, Mr.

Blackert is an attorney licensed to practice law in California and he was the attorney who initially commenced the California proceeding against Xcentric. Unfortunately, although 6002.1(a) of the California State Bar Act (Cal. Bus. & Prof. Code 6000, et seq.) requires all California lawyers to provide the bar with current contact information, all of the publicly-available contact information listed for Mr. Blackert on the State Bar of Californias website is invalid. Despite this, Xcentric has a good faith belief that the State Bar of California has other updated contact information for Mr. Blackert which may be obtained via subpoena. This is so because on July 1, 2011, Mr. Blackert was suspended from the practice of law in California for non-payment of bar dues, but he was subsequently reinstated less than 30 days ago on September 23, 2011. See Declaration of David S. Gingras (Gingras Decl.) 12. This shows that Mr. Blackert has recently been in contact with the State Bar of California, and for that reason, Xcentric believes that the Bar has additional contact information for Mr. Blackert which may be obtained via subpoena. information may, in turn, be used to facilitate service upon Mr. Blackert. II. ARGUMENT This

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Pursuant to Rule 26(d)(1), litigants generally cannot pursue discovery prior to completion of their Rule 26(f) discovery conference unless authorized by Court order. See Charles Alan Wright & Arthur R. Miller, 8A Fed. Prac. & Proc. Civ. 2046.1 (3d ed.). A party seeking leave to perform discovery prior to the Rule 26(f) conference must first demonstrate the existence of good cause, and Good cause may be found where the need for expedited discovery, in consideration of the administration of justice, outweighs the prejudice to the responding party. Id. Here, Xcentric seeks leave to perform discovery limited to the issue of locating Mr. Blackert so that he can be served with Xcentrics Complaint/Summons. Xcentric has exhausted all other available methods for locating Mr. Blackert. Given that Mr. Blackert 2
MOTION FOR LEAVE TO PERFORM EARLY/EXPEDITED DISCOVERY

Case 2:11-cv-01426-GMS Document 28 Filed 10/12/11 Page 3 of 4

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GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

is the only defendant who has not yet been served, Xcentric is unaware of any prejudice that this discovery would cause to any of the other defendants. II. CONCLUSION

Good cause exists to permit Xcentric to perform early/expedited discovery limited to the issue of locating Defendant Blackert so that he may be served with the Complaint and Summons in this matter. As such, Xcentric respectfully request leave to perform such discovery under any conditions as the Court may deem appropriate.

DATED October 12, 2011.

GINGRAS LAW OFFICE, PLLC /S/ David S. Gingras Attorneys for Plaintiff XCENTRIC VENTURES, LLC

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MOTION FOR LEAVE TO PERFORM EARLY/EXPEDITED DISCOVERY

Case 2:11-cv-01426-GMS Document 28 Filed 10/12/11 Page 4 of 4

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GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

CERTIFICATE OF SERVICE

I hereby certify that on October 12, 2011 I electronically transmitted the attached document to the Clerks Office using the CM/ECF System for filing, and for transmittal of a Notice of Electronic Filing to the following: Hartwell Harris, Esq. LAW OFFICE OF HARTWELL HARRIS 1809 Idaho Avenue Santa Monica, CA 90403 Attorney for Defendants Raymond Mobrez Iliana Llaneras and Asia Economic Institute, LLC John S. Craiger, Esq. David E. Funkhouser III, Esq. Krystal M. Aspey, Esq. Quarles & Brady LLP One Renaissance Square Two North Central Avenue Phoenix, Arizona 85004-2391 Attorney for Defendant Lisa J. Borodkin And a courtesy copy of the foregoing delivered to: HONORABLE G. MURRAY SNOW United States District Court Sandra Day OConnor U.S. Courthouse, Suite 622 401 West Washington Street, SPC 80 Phoenix, AZ 85003

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/s/David S. Gingras

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MOTION FOR LEAVE TO PERFORM EARLY/EXPEDITED DISCOVERY