UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

)
UNITED STATES SECURITIES )
AND EXCHANGE COMMISSION, )
)
Plaintiff, ) C.A. No. 2:13-cv-15006-NGE-NKM
)
v. )
)
RANDY A. HAMDAN and )
ORACLE CONSULTANTS, LLC. )
)
Defendants. )
)

JOINT RULE 26 REPORT

In anticipation of a Rule 16 Scheduling Conference to be held by the Court,
the parties submit this J oint Rule 26 Report.
1. The following persons participated in a Rule 26(f) conference on May 8,
2014 by telephone:
For Plaintiff:
Charles D. Stodghill, Esq.
Carolyn G. Winters, Esq.
U.S. Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549-5985
Telephone: (202) 551-4413
E-mail: stodghillc@sec.gov
2:13-cv-15006-NGE-MKM Doc # 12 Filed 05/16/14 Pg 1 of 5 Pg ID 42
2


For Defendants Randy Hamdan and Oracle Consultants, LLC:
Matthew J . Lund, Esq.
Deborah Kovsky-Apap, Esq.
Pepper Hamilton LLP
100 Renaissance Center
Suite 3600
Detroit, MI 48243-1157
Phone 248-359-7370
Phone: 248-359-7331
E-mail: lundm@pepperlaw.com
E-mail: kovskyd@pepperlaw.com


2. The parties are pursuing settlement discussions that would potentially lead to
a bifurcated settlement in which Defendants would settle the claims as to liability
without admitting or denying the Plaintiffs claims, and would consent to some
number of remedies to be determined by the Court. Thus, the parties have agreed
to defer initial discovery pending the conclusion of settlement discussions. To
allow time to complete their ongoing settlement efforts, the parties propose that the
discovery period should commence on J uly 1, 2014 and proceed as provided in
Paragraph 3 below. If those efforts are unsuccessful, the parties request that they
be allowed to propose adjustments to the discovery period if circumstances
warrant.



2:13-cv-15006-NGE-MKM Doc # 12 Filed 05/16/14 Pg 2 of 5 Pg ID 43
3

3. The parties propose this discovery plan:
(a) Subject to the pending settlement discussions and the provisions of
Paragraph 2 above, discovery may be taken concerning issues related to possible
remedies.
(b) To the extent necessary, the Plaintiff is prepared to produce all
relevant and non-privileged materials, which consist almost entirely of
electronically stored information, contained in its investigative files relating to this
matter. The parties do not presently anticipate any issues concerning electronically
stored information.
(c) The parties have not agreed to an order relating to claims of privilege
or the protection of trial preparation materials to date, but do not presently
anticipate any issues about claim of privilege.
(d) Any additional fact discovery, including depositions and third-party
document discovery, shall be completed 120 days after J uly 1, 2014.
(e) The parties do not presently anticipate requesting any changes to the
limitations on discovery imposed by the Federal Rules of Civil Procedure or the
Rules of this Court.
(f) The Plaintiffs expert reports, if any, shall be served on Defendants no
later than 14 days after the final day of fact discovery. Defendants expert reports,
if any, shall be served on the Plaintiff 14 days after the service of the Plaintiffs
2:13-cv-15006-NGE-MKM Doc # 12 Filed 05/16/14 Pg 3 of 5 Pg ID 44
4

expert report on Defendants. Depositions of experts, if any, shall be completed
within 21 days of service of Defendants expert report.
4. Other Items:
(a) Dispositive motions shall be filed 30 days after the completion of all
discovery.
(b) The parties have been actively engaged in settlement discussions, yet
have not come to final agreement.
(c) Alternative dispute resolution: In the event the parties are unable to
resolve the dispute through their present efforts, Defendants believe that a
facilitation conducted by a member of the Court would enhance the likelihood of
settlement. Defendants would request the Courts assistance in coordinating such a
facilitation. Plaintiff believes that any formal mediation efforts should be deferred
until after the conclusion of fact discovery.






2:13-cv-15006-NGE-MKM Doc # 12 Filed 05/16/14 Pg 4 of 5 Pg ID 45
5

(d) Rule 26(a)(3) witness lists, designations of witnesses whose testimony
will be presented by deposition, and exhibit lists relating to any trial or hearing
shall be submitted 30 days after the resolution of any pending dispositive motions.
Dated: May 16, 2014
For the Plaintiff
. /S/ Charles D. Stodghill
Charles D. Stodghill
U.S. Securities and
Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549-5985
Telephone: (202) 551-4413
E-mail: stodghillc@sec.gov


For Defendants Randy Hamdan
and Oracle Consultants, LLC
/S/ Matthew J. Lund
Matthew J. Lund
Matthew J . Lund (P48632)
Deborah Kovsky-Apap
(P68258)
Pepper Hamilton LLP
100 Renaissance Center
Suite 3600
Detroit, MI 48243-1157
Phone 248-359-7370
Phone: 248-359-7331
E-mail:
lundm@pepperlaw.com
E-mail:
kovskyd@pepperlaw.com
2:13-cv-15006-NGE-MKM Doc # 12 Filed 05/16/14 Pg 5 of 5 Pg ID 46