UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT PIERCE DIVISION 

CASE NO.: 2:20-cv-14159-RLR 

DJ LINCOLN ENTERPRISES, INC. 

Plaintiff, 

v. 

GOOGLE, LLC, 

Defendant. 

_____________________________________ 

JOINT DISCOVERY STATUS REPORT

Plaintiff, DJ Lincoln Enterprises, Inc., and Defendant, Google LLC, pursuant to the 

Order Setting Discovery Status Conference and Order Requiring Joint Discovery Status Report

[Dkt. 24], respectfully file their Joint Discovery Status Report, as follows: 

a) Discovery propounded by each party. 

The parties have not served any discovery requests. Plaintiff intends to propound 

interrogatories and a request for production of documents on October 26, 2020. 

b) Whether the discovery requests have been answered. 

No discovery requests have been served or answered. 

c) The status of deposition, including number already taken, number of remaining 

depositions and whether they have been scheduled, and an explanation of any delay in 

scheduling the remaining depositions. 

The parties have not scheduled or taken any depositions. 

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d) The status of expert disclosures. 

The parties have not exchanged expert disclosures. Plaintiff expects to submit its 

Rule 26(a)(2) disclosure on November 10, 2020, but may request an extension of 

14 days. 

e) Whether there are outstanding discovery disputes. 

By Plaintiff:

Plaintiff has refrained from serving discovery because of the pendency of 

Google’s motion to dismiss and because of Google’s stated intention to file a 

motion to stay discovery. Plaintiff intends to serve interrogatories and a request 

for production of documents on October 26, 2020. Plaintiff anticipates that this 

will trigger objections and a motion to stay discovery. 

By Defendant: 

As reflected in the parties’ Rule 16.1 statement [Dkt. 17], Defendant has objected 

to proceeding with discovery while its motion to dismiss is pending. Plaintiff 

indicated that it planned to proceed with discovery over Defendant’s objection, 

but has not yet propounded any requests. Defendant is prepared to file a motion to 

stay discovery if that motion becomes necessary, but unless and until Plaintiff 

propounds discovery in this case, Defendant submits that there are no discovery 

disputes ripe for this Court's consideration. 

f) Whether the parties believe that a discovery status conference is needed and whether it 

may be canceled. 

By Plaintiff: 

In light of the procedural posture of the case and Google’s stated position 

regarding discovery, Plaintiff submits that the discovery status should occur at a 

later date prior to the discovery cutoff on January 8, 2021. 

By Defendant: 

Defendant submits that a discovery status conference would be premature. As 

reflected in the parties’ Rule 16.1 statement [Dkt. 17], Defendant objected to 

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proceeding with discovery while its motion to dismiss was pending, and the 

parties have not exchanged any discovery requests. Defendant proposes the status 

conference presently scheduled to occur at 3:00 PM on October 29, 2020, be 

vacated and continued to a later date following the Court’s resolution of 

Defendant’s motion to dismiss. 

g) Whether the parties can certify that all discovery will be completed by the discovery 

deadline. 

By Plaintiff:

In light of Google’s stated position regarding discovery, Plaintiff certifies that it 

will likely be unable to complete discovery by the January 8, 2021 deadline. 

Plaintiff anticipates needing to take depositions of Google’s officers and 

engineers responsible for implementation of the censorship policies and practices 

at issue in this case. If a motion to stay discovery is filed, Plaintiff believes there 

will be no way to complete the discovery and deposition prior to the January 8, 

2021 deadline. 

By Defendant: 

In the event that any part of Defendant’s motion to dismiss is denied, Defendant 

certifies that it currently anticipates being able to complete discovery on an 

expedited basis and by the January 8, 2020 discovery deadline. Defendant does 

not anticipate needing to exchange large volumes of documents, does not 

currently intend to call any primary/initial expert witnesses, and anticipates that it 

will only need to take 2 depositions, of Plaintiff’s principals Darren and Jennifer 

Lincoln, in connection with its defense in this case. 

Signatures on Counsel on Next Page 

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Respectfully Submitted, 

Attorneys for Plaintiff 

John C. Smith, Esquire 

John C. Smith, P.A. 

2385 NW Executive Center Drive, Suite 100 

Boca Ratori, FL.33431 

Telephone: (561) 394-4666 

Fax: (561) 962-2710 

Email: jsmith@bociaplaw.com 

Steven S. Biss (VSB # 32972) 

300 West Main Street, Suite 102 

Charlottesville, Virginia 22903 

Telephone: (804) 501-8272 

Fax: (202) 318-4098 

Email: stevenbiss@earthlink.net 

Attorneys for Defendant 

Nathan M. Berman 

Email: nberman@zuckerman.com 

ZUCKERMAN SPAEDER LLP 

101 E. Kennedy Blvd., Suite 1200 

Tampa, Florida 33602 

Telephone: (813) 221-1010 

Facsimile: (813) 223-7961 

Brian M. Willen (admitted pro hac vice) 

Email: bwillen@wsgr.com 

ALEXANDER S. ZBROZEK (admitted pro 

hac vice) 

Email: azbrozek@wsgr.com 

WILSON SONSINI GOODRICH & 

ROSATI, P.C. 

1301 Avenue of the Americas 

New York, NY 10019 

Telephone: (212) 999-5800 

Facsimile: (212) 999-5899 

Lauren Gallo White (admitted pro hac vice) 

Email: lwhite@wsgr.com 

WILSON SONSINI GOODRICH & 

ROSATI, P.C. 

650 Page Mill Road 

Palo Alto, CA 94304 

Telephone: (650) 493-9300 

Facsimile: (650) 565-5100 

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