Plaintiffs Motion To Compel

Case 2:15-cv-01045-RFB-PAL Document 395 Filed 05/09/17 Page 1 of 6
1 BERGER & MONTAGUE, P.C.

Eric L. Cramer (admitted pro hac vice)
2 Michael Dell'Angelo (admitted pro hac vice)
Patrick F. Madden (admitted pro hac vice)
3 1622 Locust Street
4 Philadelphia, PA 19103
Telephone: (215) 875-3000
5 Fax: (215) 875-4604
ecramer@bm.net
6 mdellangelo@bm.net
pmadden@bm.net
7
8 (Additional counsel appear on signature page)
9 Co-Lead Counsel for the Classes and

Attorneys for Individual and Representative Plaintis
10 Cung Le, Nathan Quarry, Jon Fitch, Luis Javier
Vazquez, Brandon Vera, and Kyle Kingsbury
11
12
UNITED STATES DISTRICT COURT
13
DISTRICT OF NEVADA
14
Cung Le, Nathan Quarry, Jon Fitch, Brandon Case No.: 2:15-cv-01045-RFB-(PAL)
15 Vera, Luis Javier Vazquez, and Kyle
16 Kingsbury on behalf of themselves and all PLAINTIFFS MOTION TO COMPEL
others similarly situated, DEFENDANT TO PRODUCE A LOG OF
17 COMMUNICATIONS FOR DANA
Plaintiffs, WHITES DISCOVERABLE
18 v. TELEPHONE NUMBERS AND
ELECTRONIC COMMUNICATION
19 Zuffa, LLC, d/b/a Ultimate Fighting DEVICES AND DIRECTING
20 Championship and UFC, DEFENDANT TO SUBMIT AN
INVENTORY OF ELECTRONIC
21 Defendant. COMMUNICATION DEVICES
22
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PLAINTIFFS MOTION TO COMPEL
1 Pursuant to Local Rule 26-7 and Fed. R. Civ. P. 37 , Plaintiffs Cung Le, Nathan Quarry,
2 Jon Fitch, Brandon Vera, Luis Javier Vazquez, and Kyle Kingsbury on behalf of themselves and
3 all others similarly situated (collectively, Plaintiffs), hereby move this Court to compel
4 Defendant Zuffa, LLC, within five (5) days, to:
5 (a) Produce a log, for each mobile telephone and electronic device utilized by Zuffa
6 President Dana White during the Relevant Time Period that may contain relevant ESI,
7 that identifies the time, date and, if applicable, duration, of each communication made
8 on each such device, including the telephone number, email address, social media
9 handle or similar identifying information and, if applicable, communications carrier,
10 that each such communication was sent to and from;
11 (b) Submit to the Court and Plaintiffs a written report regarding Defendants
12 identication, collection, preservation and production of ESI from the electronic
13 communication devices of Defendants Ordered and Agreed Custodians that:
14 (1) Includes an inventory of each Custodians personal and business electronic
15 devices (including mobile telephone numbers), on or from which potentially
16 relevant information or communication was made, sent, received, viewed or
17 stored during the Relevant Time Period;
18 (2) For each device responsive to (b)(1) of this Order, states:
19 a. The model number, telephone number, email address, social media
20 handle or similar identifying information, if applicable, on or from
21 which any information or communication was made, sent, received,
22 viewed or stored during the Relevant Time Period;
23 b. Whether the device was subject to a litigation hold, the date the
24 litigation hold was implemented and a copy of the litigation hold and
25 the date, if applicable, that the litigation hold was terminated;
26 c. Whether the device and ESI thereon was inspected by counsel for
27 Defendant;
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1 d. Without disclosing attorney work product or attorney-client
2 communications, the method used to determine whether the device
3 contained discoverable ESI, i.e., inspection by counsel, a representation
4 by the custodians or otherwise;
5 e. Whether ESI was collected from the device, the date of each collection,
6 the date range for the ESI collected from the device and whether the
7 collected ESI was produced to Plaintiffs; and
8 f. For any device from which ESI was not collected and produced to
9 Plaintiffs, the reason(s) why.
10 Attached to this Motion as Exhibit 1 is a Proposed Order. The grounds for this motion
11 are set forth in the accompanying (1) Memorandum of Law in Support of Plaintis Motion to
12 Compel Defendant to Produce a Log of Communications for Dana Whites Discoverable
13 Telephone Numbers and Electronic Communication Devices and Directing Defendant to Submit
14 an Inventory of Electronic Communication Devices; and (2) Declaration of Michael DellAngelo.
15 I hereby certify that Plaintiffs have made a good faith effort to resolve the referenced
16 dispute in accordance with Local Rule 26-7 and Fed. R. Civ. P. 37.
17
18 DATED: May 9, 2017 /s/ Michael DellAngelo
19 BERGER & MONTAGUE, P.C.

Eric L. Cramer (admitted pro hac vice)
20 Michael DellAngelo (admitted pro hac vice)
Patrick Madden (admitted pro hac vice)
21 1622 Locust Street
Philadelphia, PA 19103
22 Phone: (215) 875-3000/Fax: (215) 875-4604
ecramer@bm.net
23 mdellangelo@bm.net
pmadden@bm.net
24
Co-Lead Counsel for the Classes and Attorneys
25 for Individual and Representative Plaintis Cung
Le, Nathan Quarry, Jon Fitch, Luis Javier
26
Vazquez, Brandon Vera, and Kyle Kingsbury
27
28
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1 COHEN MILSTEIN SELLERS & TOLL, PLLC

Benjamin D. Brown (admitted pro hac vice)
2 Richard A. Koman (admitted pro hac vice)
Dan Silverman (admitted pro hac vice)
3 1100 New York Ave., N.W., Suite 500, East Tower
Washington, DC 20005
4 Phone: (202) 408-4600/Fax: (202) 408 4699
bbrown@cohenmilstein.com
5 rkoman@cohenmilstein.com
dsilverman@cohenmilstein.com
6
8 Vazquez, Brandon Vera, and Kyle Kingsbury
9
Joseph R. Saveri (admitted pro hac vice)
10 Joshua P. Davis (admitted pro hac vice)
Matthew S. Weiler (admitted pro hac vice)
11 Kevin E. Rayhill (admitted pro hac vice)
555 Montgomery Street, Suite 1210
12 San Francisco, California 94111
Phone: (415) 500-6800/Fax: (415) 395-9940
13 jsaveri@saverilawrm.com
jdavis@saverilawrm.com
14 mweiler@saverilawrm.com
krayhill@saverilawrm.com
15
17 Vazquez, Brandon Vera, and Kyle Kingsbury
18 WARNER ANGLE HALLAM JACKSON &

FORMANEK PLC
19 Robert C. Maysey (admitted pro hac vice)
Jerome K. Elwell (admitted pro hac vice)
20 2555 E. Camelback Road, Suite 800
Phoenix, AZ 85016
21 Phone: (602) 264-7101/Fax: (602) 234-0419
rmaysey@warnerangle.com
22 jelwell@warnerangle.com
23 Counsel for the Classes and Attorneys for
Individual and Representative Plaintis Cung Le,
24 Nathan Quarry, Jon Fitch, Luis Javier Vazquez,
Brandon Vera, and Kyle Kingsbury
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1 WOLF, RIFKIN, SHAPIRO,

SCHULMAN & RABKIN, LLP
2 Don Springmeyer
Nevada Bar No. 1021
3 Bradley S. Schrager
Nevada Bar No. 10217
4 Justin C. Jones
Nevada Bar No. 8519
5 3556 E. Russell Road, Second Floor
Las Vegas, Nevada 89120
6 (702) 341-5200/Fax: (702) 341-5300
dspringmeyer@wrslawyers.com
7 bschrager@wrslawyers.com
jjones@wrslawyers.com
8
Liaison Counsel for the Classes and Attorneys for
9 Individual and Representative Plaintis Cung Le,
Nathan Quarry, Jon Fitch, Luis Javier Vazquez,
10 Brandon Vera, and Kyle Kingsbury
11 LAW OFFICE OF FREDERICK S. SCHWARTZ

Frederick S. Schwartz (admitted pro hac vice)
12 15303 Ventura Boulevard, #1040
Sherman Oaks, CA 91403
13 Phone: (818) 986-2407/Fax: (818) 995-4124
fred@fredschwartzlaw.com
14
Attorney for Plaintis
15
SPECTOR ROSEMAN KODROFF & WILLIS,
16 P.C.
Jerey J. Corrigan (admitted pro hac vice)
17 William G. Caldes (admitted pro hac vice)
1818 Market Street Suite 2500
18 Philadelphia, PA 19103
Phone: (215) 496-0300/Fax: (215) 496-6611
19 jcorrigan@srkw-law.com
wcaldes@srkw-law.com
20
Attorneys for Plaintis
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1 CERTIFICATE OF SERVICE
2 I hereby certify that on this 9th day of May, 2017 a true and correct copy of
PLAINTIFFS MOTION TO COMPEL DEFENDANT TO PRODUCE A LOG OF
3 COMMUNICATIONS FOR DANA WHITES DISCOVERABLE TELEPHONE
NUMBERS AND ELECTRONIC COMMUNICATION DEVICES AND DIRECTING
4 DEFENDANT TO SUBMIT AN INVENTORY OF ELECTRONIC COMMUNICATION
5 DEVICES was served via email on all parties or persons requiring notice.
6
/s/ Michael DellAngelo
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Plaintiffs Motion To Compel

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Case 2:15-cv-01045-RFB-PAL Document 395 Filed 05/09/17 Page 1 of 6

1 BERGER & MONTAGUE, P.C.

8 (Additional counsel appear on signature page)

9 Co-Lead Counsel for the Classes and

4 Defendant Zuffa, LLC, within five (5) days, to:

9 handle or similar identifying information and, if applicable, communications carrier,

10 that each such communication was sent to and from;

12 identication, collection, preservation and production of ESI from the electronic

13 communication devices of Defendants Ordered and Agreed Custodians that:

14 (1) Includes an inventory of each Custodians personal and business electronic

15 devices (including mobile telephone numbers), on or from which potentially

16 relevant information or communication was made, sent, received, viewed or

17 stored during the Relevant Time Period;

18 (2) For each device responsive to (b)(1) of this Order, states:

19 a. The model number, telephone number, email address, social media

20 handle or similar identifying information, if applicable, on or from

21 which any information or communication was made, sent, received,

22 viewed or stored during the Relevant Time Period;

25 the date, if applicable, that the litigation hold was terminated;

1 d. Without disclosing attorney work product or attorney-client

2 communications, the method used to determine whether the device

3 contained discoverable ESI, i.e., inspection by counsel, a representation

4 by the custodians or otherwise;

7 collected ESI was produced to Plaintiffs; and

9 Plaintiffs, the reason(s) why.

12 Compel Defendant to Produce a Log of Communications for Dana Whites Discoverable

14 an Inventory of Electronic Communication Devices; and (2) Declaration of Michael DellAngelo.

18 DATED: May 9, 2017 /s/ Michael DellAngelo

19 BERGER & MONTAGUE, P.C.

1 COHEN MILSTEIN SELLERS & TOLL, PLLC

18 WARNER ANGLE HALLAM JACKSON &

1 WOLF, RIFKIN, SHAPIRO,

11 LAW OFFICE OF FREDERICK S. SCHWARTZ

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