Cain's Second Motion For Discovery July 20,2020

Case 1:19-cv-00476-LO-MSN Document 96 Filed 07/20/20 Page 1 of 5 PageID# 1427
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA
Alexandria Division
____________________________________
)
QUILL INK BOOKS LIMITED, )
Plaintiff, )
)
v. ) No. 1:19cv476-LO-MSN
)
aka Addison Cain, )
Defendant. )
)
DEFENDANT’S STATUS REPORT

AND SECOND MOTION TO FOR AN EXTENSION OF DISCOVERY
AND TO MODIFY THE PRETRIAL SCHEDULE
PURSUANT TO Rule 16(b)(4) of the Federal Rules of Civil Procedure and Local Civil
Rule 16(B) and the Court’s prior extension order (Doc. 92), Defendant, a/k/a
Addison Cain ( ), makes this status report and moves for a second extension of discovery to
permit her to complete certain, limited non-party discovery prior to the filing of her Rule 26(a)(3)
disclosures and the setting of the final pretrial conference. The grounds and reasons for granting
this relief are as follows:
1. Plaintiff and Counterclaim-Defendant, Quill Ink Books, Ltd. (“Quill”), commenced
this action in April 2019, asserting various state and federal law claim against (Doc. 1). In
threshold motions practice, the Court granted motions to dismiss all but one of Quill’s
claims asserted in the complaint and Quill’s amended complaint (Doc. 23 & 35). Quill’s only
remaining claim under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”) has
now been dismissed under Rule 41(b) (Doc. 95). Thus, the only matter remaining for adjudication
is counterclaim.
1
2. In her counterclaim, alleges that Quill, through Zoey Ellis, Margarita Coale,
and others, utilized numerous fake online accounts to make false reports to Facebook about
advertisements which caused advertisements to be removed, which tortiously interfered
with the sale of books (Doc. No. 33, Counterclaim, ¶ 37-39; 67-71). alleges that Quill,
through Zoey Ellis, Margarita Coale, and others, also made false statements about books to
Amazon, which resulted in some of books being taken down and banned for sale on
Amazon’s site, which again tortiously interfered with the sale of books (Id. at ¶ 62; 67-71).
These acts of interference have caused injury to including lost sales, which she estimates
amount to between $75,000 and $435,000 in damages.
3. has been diligently pursuing discovery from Quill and third parties. However,
Quill’s failure to respond, even after motion to compel was granted, and the withdrawal of
Quill’s counsel have thwarted effort to gather further evidence in support of her
counterclaim. For example, Quill did not produce Zoey Ellis’ emails or social media
communications, and Quill has been unable to take the deposition of Quill, Quill’s owner,
or Quill’s principal author, Zoey Ellis.
4. Quill, , and Zoey Ellis are in the United Kingdom, however, and
essentially out of reach for further discovery at this point. In April, served a Rule 45 subpoena
on Margarita Coale (Dallas, Texas), who was allegedly involved in the interference. In February,
served a Rule 45 subpoena on Ms. Lee Savino who appears to have
relevant information about counterclaim, including the names and false accounts used by
Quill, Coale, Zoey Ellis, and possibly others, to interfere with Facebook advertisements and
Amazon sales. Both vigorously objected and now seeks leave to pursue and enforce these
subpoenas after the current cut-off.
2
5. Furthermore, since Quill failed and refused to produce the relevant documents,
seeks leave to serve Rule 45 subpoenas on Facebook, Inc. (California) and Amazon.com, Inc.
(Seattle, Washington) to obtain documents related to the complaints and the removal of
advertisements and the removal of books.
6. Thus far, Coale and Savino have objected to producing all documents requested
and to appearing for a deposition. is still negotiating with each to obtain voluntary
compliance but may need to commence miscellaneous actions against one or both to enforce
compliance.
7. also is still working to obtain a production from Amazon, on whom a Rule 45
subpoena was served.
8. Given the uncertainties attending each avenue of non-party discovery that now
must pursue, respectfully requests that the Court allow an second thirty-day extension and
that submit a status report of her progress within thirty days after an extension order is entered,
and the Court can then set a cut-off date or grant a further extension if warranted. Furthermore, if
necessary, might apply to the Court for leave to take additional discovery.
9. Generally, the “scope and conduct of discovery … are within the sound discretion
of the district court.” Erdmann v. Preferred Research, Inc., 852 F.2d 788, 792 (4th Cir. 1988).
Under Rule 16, the Court must enter an order that limits the time to complete discovery.
FED.R.CIV.P. 16(b)(3)(A); accord E.D.VA.CIV.R. 16(B). The order also may “modify the timing
of disclosures” under Rule 26(a). FED.R.CIV.P. 16(b)(3)(B)(i) & (v); accord E.D.VA.CIV.R.
16(B). Once set, these dates may be modified only for “good cause.” FED.R.CIV.P. 16(b)(4);
accord E.D.VA.CIV.R. 16(B). Here, the Court has entered an initial order (Doc. 38) setting the
timetable for discovery, which seeks to modify.
3
10. submits that she has shown good cause to extend and modify the pretrial
schedule.
WHEEFORE, moves the Court to extend and modify the pretrial schedule. A
proposed order is submitted herewith.
does not seek oral argument on this procedural motion.
July 20, 2020 /s/ Craig C. Reilly

Craig C. Reilly VSB # 20942
111 Oronoco Street
Alexandria, Virginia 22314
T: (703) 549-5354
F: (703) 549-5355
E: [email protected]
Counsel for Defendant
Of Counsel for Defendant:

Shawn M. Dellegar, OBA # 20973
Crowe & Dunlevy, P.C.
321 South Boston Avenue, Sutie 500
Tulsa, Oklahoma 74103
T: (918) 592-9800
Counsel for Defendant (Pro Hac Vice)
Tynia A. Watson, OBA # 30765

Crowe & Dunlevy, P.C.
324 N. Robinson Ave., Suite 100
Oklahoma City, Oklahoma 73102
T: (405) 235-7500
Counsel for Defendant (Pro Hac Vice)
4
CERTIFICATE OF SERVICE
I hereby certify that on July 20, 2020, I electronically filed the foregoing with the Clerk of
Court using the CM/ECF system, which will automatically provide notice to all counsel of record
and to [email protected].
/s/ Craig C. Reilly
Craig C. Reilly (VSB # 20942)
111 Oronoco Street
Alexandria, Virginia 22314
T: (703) 549-5354
F: (703) 549-5355
Counsel for Defendant

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Case 1:19-cv-00476-LO-MSN Document 96 Filed 07/20/20 Page 1 of 5 PageID# 1427

UNITED STATES DISTRICT COURT

DEFENDANT’S STATUS REPORT

this relief are as follows:

1. Plaintiff and Counterclaim-Defendant, Quill Ink Books, Ltd. (“Quill”), commenced

advertisements which caused advertisements to be removed, which tortiously interfered

amount to between $75,000 and $435,000 in damages.

or Quill’s principal author, Zoey Ellis.

served a Rule 45 subpoena on Ms. Lee Savino who appears to have

subpoenas after the current cut-off.

advertisements and the removal of books.

7. also is still working to obtain a production from Amazon, on whom a Rule 45

subpoena was served.

timetable for discovery, which seeks to modify.

proposed order is submitted herewith.

does not seek oral argument on this procedural motion.

July 20, 2020 /s/ Craig C. Reilly

Of Counsel for Defendant:

Tynia A. Watson, OBA # 30765

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