_X mm RECEIVED
UNE 18 | ||Shana Lee McCart-Pollak 1104 North Woodridge Lane CLERK, US. DISTRICT COURT Liberty, MO 64068 DISTRICT OF NEVADA 3 ||(702) 439-2263 ev.__/S/ RJIDG _ peony Email: lotsoflovebuddies@yahoo.com 4 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 ||SHANA LEE MCCART-POLLAK, Case No: 2:20-cv-01624-GMN-NJK 8 Plaintiff, 9 vg JOINT STIPULATION PER FRCP 6(b) T EXTEND THE TIME TO FILE A MOTION ON DEMAND DIRECT RESPONSE LLC, TO SUBSTITUTE PER FRCP 25(a) 11 ||Delaware company, ON DEMAND DIRECT RESPONSE lil LLC, Delaware company; FIRST REQUEST '2 || BRETT SAEVITZON, individual; CRAIG i3 || SHANDLER, individual; JEFFREY MILLER, individual; MARK MEYERS, individual; 14 ||DOES I-X; ROE BUSINESS ENTITTIES I-
is Defendants ee 17 Comes now, Plaintiff Shana Lee McCart-Pollak (“Pollak”) in proper person 18 0 Defendant Brett Saevitzon (Deceased) (“Saevitzon”); Defendant Craig Shandle 20 ||(“Shandler’), by and through their counsel, David K. Dorenfeld, Esq., of Dorenfeldiaw 21 |linc., hereby submit this JOINT STIPULATION AND ORDER TO EXTEND THE TIM 22 || (PER FRCP 6(b)) TO FILE A MOTION TO SUBSTITUTE (PER FRCP 25(a)), current! 23 due on or around June 23, 2025, for an additional 90 days. 24 35 26 |\// 27 28
1 MEMORANDUM OF POINTS AND AUTHORITIES 4 Fed. R. Civ. P. 25 Substitution of Parties (a) DEATH
(1) Substitution if the Claim Is Not Extinguished. lf a party dies and the 6 claim is not extinguished, the court may order substitution of the prope party. A motion for substitution may be made by any party or by th decedent’s successor or representative. If the motion is not made withi 90 days after service of a statement noting the death, the action by o against the decedent must be dismissed. 12 Fed. R. Civ, P. 6 Computing and Extending Time; Time for Motion Papers 13 (b) EXTENDING TIME (1) In General. When an act may or must be done within a specified time the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a reques' 18 is made, before the original time or its extension expires; 19 || BACKGROUND am On March 26, 2025, Mr Dorenfeld filed a Declaration of David K. Dorenfeld Re Death of Client [Brett Saevitzon] on the Court's record and served it on Pollak (See D 297) triggering the 90 day 4 On April 1, 2025, Pollak sent Mr. Dorenfeld an email stating, “I am looking int 25 || substituting Defendant Saevitzon and replacing him with the representative for his estate 26 || will you be notifying his estate that you were representing him in this litigation?” in whic = Mr. Dorenfeld replied, “| am trying to get contact information in order to do so." 28
1 Pollak diligently sought this information from Mr. Dorenfeld through multiple email 2 over the next few months. Mr. Dorenfeld, entered a declaration on June 12, 2025 [Dk 316] detailing his attempt efforts to locate an executor or successor for Saevitzon. Mr Dorenfeld also requested a copy of the death certificate, but to date has not received 6 COpy. 7 GOOD CAUSE A There is “Good Cause’ for the Court to extend the timeframe to file a Motion t Substitute per FRCP 25(a) as this: 1) would allow the Parties to continue their efforts t determine the executor, the successor, or if one cannot be located to request the Cou 12 || appoint a special administrator; 2) would allow Pollak the time needed to perfect service '3 tland 3) would allow the Court to properly substitute the correct person (executor successor, or special administrator) to represent Saevitzon’s interests, as well as, allo © the case to be adjudicated on the merits. The Rule is not intended to be a strict barrier to proceed with cases that may hav 1g ||merit. Indeed, “the history of Rule 25(a) and Rule 6(b) makes it clear that the 90-day tim period was not intended to act as a bar to otherwise meritorious actions, and extension 0 | | of the period may liberally be granted, Grapsas v N. Shore Farms Two, Ltd, No 2:16-CV. 775 (DRH) (ARI), 2018 WL 1136088, at *2. Therefore, it would prejudice Pollak for th Court not to allow an extension, due to the potential merits of her case. 14 This is the First Request. The parties in this matter respectfully request thi 25 Honorable Court to extend out the due date of the Motion to Substitute, due on or aroun *6 |! June 23, 2025, for an additional 90 days. 27 if 28
| ||Dated this day of June, 2025 =~ ‘) Shoe bins Ve - Pourroie 3 SIGNATURE Shana Lee McCart-Pollak 4 1104 North Woodridge Lane Liberty, MO 64068 Tel: (702) 439-2263 6 Email: Lotsoflovebuddies@yahoo.com Pro Se 7
6/l3/25 10 David K. Dorenfeld (Cal Bar No. 145056 Pro Hac Vici) DorenfeldLaw, Inc. 2 30101 Agoura Court, Suite 210 Agoura Hills, California 91 301 13 Tel: (818) 865-4000 Fax: (818) 865-4010 Email: david@dorenfeldiaw.com 15 Attorney for Defendants, Brett Saevitzo and Craig Shandler 16 17 Ld ne 18 IT IS SO ORDERED, the Motion to Cee 19 Substitute Party must be filed by September 23, 2025. The Joint PreTrial Lif fi, as: 20 Order is still due July 17, 2025. United es District Judge 21 DATER ine 0 22 23 24 25 26 27 28
I DECLARATION OF SHANA LEE MCCART-POLLAK 2 3 I, Shana Lee McCart-Pollak, do hereby declare as follows: 4 1. 1am of legal age and competent to testify to the matters contained herein: 51) Joint Stipulation per FROP 6(b) fo Extend the Time to File a Motion to Substitute pe FRCP 25(a). | have personal knowledge of the facts contained in this declaration untes: ‘ otherwise qualified or stated. 9 2. From the time | learned of Saevitzon's passing, | have been diligently 10 || seeking the pertinent information for me to file a Motion for Substitution per Rule 25(a). al 3. On April 1, 2025, after learning of Saevitzon’s death, | contacted Mr. Dorenfeld, Saevitzon’s Counsel, making him aware of my intention of substitutin
fi Defendant Saevitzon and replacing him with the representative for his estate, an 15 fequesting the pertinent information. 16 4. On May 15, 2025, June 2, 2025, and June 9, 2025, | again reached out to '7 | Mr. Dorenfeld requesting the pertinent Information, in order to file a motion for substitution. 5. It would prejudice me for the court to not allow an extension of time due to the case heading to trial to be determined on the merits. 21 22 ||| declare under the penalty of perjury under the law of the United States of America tha 3 the foregoing is true and correct. Executed on this of June, 2025.
Shean Liss TA Caak - Larhod Shana Lee McCart-Pollak
CERTIFICATE OF SERVICE |, Shana Lee McCart-Pollak, declares as follows, | am over the age of 18 years: 3 My address is: 1104 North Woodridge Lane 4 Liberty, MO 64068 (702) 439-2263 6 |}On June 18, 2025, | served the foregoing document(s) described as: 7 || JOINT STIPULATION PER FRCP 6(B) TO EXTEND THE TIME TO FIL A MOTION TO SUBSTITUTE PER FRCP 25
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_X mm RECEIVED
UNE 18 | ||Shana Lee McCart-Pollak 1104 North Woodridge Lane CLERK, US. DISTRICT COURT Liberty, MO 64068 DISTRICT OF NEVADA 3 ||(702) 439-2263 ev.__/S/ RJIDG _ peony Email: lotsoflovebuddies@yahoo.com 4 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 ||SHANA LEE MCCART-POLLAK, Case No: 2:20-cv-01624-GMN-NJK 8 Plaintiff, 9 vg JOINT STIPULATION PER FRCP 6(b) T EXTEND THE TIME TO FILE A MOTION ON DEMAND DIRECT RESPONSE LLC, TO SUBSTITUTE PER FRCP 25(a) 11 ||Delaware company, ON DEMAND DIRECT RESPONSE lil LLC, Delaware company; FIRST REQUEST '2 || BRETT SAEVITZON, individual; CRAIG i3 || SHANDLER, individual; JEFFREY MILLER, individual; MARK MEYERS, individual; 14 ||DOES I-X; ROE BUSINESS ENTITTIES I-
is Defendants ee 17 Comes now, Plaintiff Shana Lee McCart-Pollak (“Pollak”) in proper person 18 0 Defendant Brett Saevitzon (Deceased) (“Saevitzon”); Defendant Craig Shandle 20 ||(“Shandler’), by and through their counsel, David K. Dorenfeld, Esq., of Dorenfeldiaw 21 |linc., hereby submit this JOINT STIPULATION AND ORDER TO EXTEND THE TIM 22 || (PER FRCP 6(b)) TO FILE A MOTION TO SUBSTITUTE (PER FRCP 25(a)), current! 23 due on or around June 23, 2025, for an additional 90 days. 24 35 26 |\// 27 28
1 MEMORANDUM OF POINTS AND AUTHORITIES 4 Fed. R. Civ. P. 25 Substitution of Parties (a) DEATH
(1) Substitution if the Claim Is Not Extinguished. lf a party dies and the 6 claim is not extinguished, the court may order substitution of the prope party. A motion for substitution may be made by any party or by th decedent’s successor or representative. If the motion is not made withi 90 days after service of a statement noting the death, the action by o against the decedent must be dismissed. 12 Fed. R. Civ, P. 6 Computing and Extending Time; Time for Motion Papers 13 (b) EXTENDING TIME (1) In General. When an act may or must be done within a specified time the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a reques' 18 is made, before the original time or its extension expires; 19 || BACKGROUND am On March 26, 2025, Mr Dorenfeld filed a Declaration of David K. Dorenfeld Re Death of Client [Brett Saevitzon] on the Court's record and served it on Pollak (See D 297) triggering the 90 day 4 On April 1, 2025, Pollak sent Mr. Dorenfeld an email stating, “I am looking int 25 || substituting Defendant Saevitzon and replacing him with the representative for his estate 26 || will you be notifying his estate that you were representing him in this litigation?” in whic = Mr. Dorenfeld replied, “| am trying to get contact information in order to do so." 28
1 Pollak diligently sought this information from Mr. Dorenfeld through multiple email 2 over the next few months. Mr. Dorenfeld, entered a declaration on June 12, 2025 [Dk 316] detailing his attempt efforts to locate an executor or successor for Saevitzon. Mr Dorenfeld also requested a copy of the death certificate, but to date has not received 6 COpy. 7 GOOD CAUSE A There is “Good Cause’ for the Court to extend the timeframe to file a Motion t Substitute per FRCP 25(a) as this: 1) would allow the Parties to continue their efforts t determine the executor, the successor, or if one cannot be located to request the Cou 12 || appoint a special administrator; 2) would allow Pollak the time needed to perfect service '3 tland 3) would allow the Court to properly substitute the correct person (executor successor, or special administrator) to represent Saevitzon’s interests, as well as, allo © the case to be adjudicated on the merits. The Rule is not intended to be a strict barrier to proceed with cases that may hav 1g ||merit. Indeed, “the history of Rule 25(a) and Rule 6(b) makes it clear that the 90-day tim period was not intended to act as a bar to otherwise meritorious actions, and extension 0 | | of the period may liberally be granted, Grapsas v N. Shore Farms Two, Ltd, No 2:16-CV. 775 (DRH) (ARI), 2018 WL 1136088, at *2. Therefore, it would prejudice Pollak for th Court not to allow an extension, due to the potential merits of her case. 14 This is the First Request. The parties in this matter respectfully request thi 25 Honorable Court to extend out the due date of the Motion to Substitute, due on or aroun *6 |! June 23, 2025, for an additional 90 days. 27 if 28
| ||Dated this day of June, 2025 =~ ‘) Shoe bins Ve - Pourroie 3 SIGNATURE Shana Lee McCart-Pollak 4 1104 North Woodridge Lane Liberty, MO 64068 Tel: (702) 439-2263 6 Email: Lotsoflovebuddies@yahoo.com Pro Se 7
6/l3/25 10 David K. Dorenfeld (Cal Bar No. 145056 Pro Hac Vici) DorenfeldLaw, Inc. 2 30101 Agoura Court, Suite 210 Agoura Hills, California 91 301 13 Tel: (818) 865-4000 Fax: (818) 865-4010 Email: david@dorenfeldiaw.com 15 Attorney for Defendants, Brett Saevitzo and Craig Shandler 16 17 Ld ne 18 IT IS SO ORDERED, the Motion to Cee 19 Substitute Party must be filed by September 23, 2025. The Joint PreTrial Lif fi, as: 20 Order is still due July 17, 2025. United es District Judge 21 DATER ine 0 22 23 24 25 26 27 28
I DECLARATION OF SHANA LEE MCCART-POLLAK 2 3 I, Shana Lee McCart-Pollak, do hereby declare as follows: 4 1. 1am of legal age and competent to testify to the matters contained herein: 51) Joint Stipulation per FROP 6(b) fo Extend the Time to File a Motion to Substitute pe FRCP 25(a). | have personal knowledge of the facts contained in this declaration untes: ‘ otherwise qualified or stated. 9 2. From the time | learned of Saevitzon's passing, | have been diligently 10 || seeking the pertinent information for me to file a Motion for Substitution per Rule 25(a). al 3. On April 1, 2025, after learning of Saevitzon’s death, | contacted Mr. Dorenfeld, Saevitzon’s Counsel, making him aware of my intention of substitutin
fi Defendant Saevitzon and replacing him with the representative for his estate, an 15 fequesting the pertinent information. 16 4. On May 15, 2025, June 2, 2025, and June 9, 2025, | again reached out to '7 | Mr. Dorenfeld requesting the pertinent Information, in order to file a motion for substitution. 5. It would prejudice me for the court to not allow an extension of time due to the case heading to trial to be determined on the merits. 21 22 ||| declare under the penalty of perjury under the law of the United States of America tha 3 the foregoing is true and correct. Executed on this of June, 2025.
Shean Liss TA Caak - Larhod Shana Lee McCart-Pollak
CERTIFICATE OF SERVICE |, Shana Lee McCart-Pollak, declares as follows, | am over the age of 18 years: 3 My address is: 1104 North Woodridge Lane 4 Liberty, MO 64068 (702) 439-2263 6 |}On June 18, 2025, | served the foregoing document(s) described as: 7 || JOINT STIPULATION PER FRCP 6(B) TO EXTEND THE TIME TO FIL A MOTION TO SUBSTITUTE PER FRCP 25(A) FIRST REQUEST 9 PA | hereby certify that on the day of June 2025, a true and complete copy of th 10 foregoing was served on counsel of record by mail to the addresses indicated below: 'l |! Dorenfeld Law 12 |}30101 Agoura Court, Suite 210 Agoura Hills, California 91301 13 14 15 ||| declare under penalty of perjury that the foregoing is true and correct. 16 aia birth Conn Brrte® 18 Shana Lee McCart-Pollak 19 20 21 22 23 24 25 26 27 28 || JOINT STIPULATION PER FRCP 6(B) TO EXTEND THE TIME TO FIL A MOTION TO SUBSTITUTE PER FRCP 25(A) FIRST REQUEST - 1