CBS Broadcasting Inc. et al v. Filmon.Com, Inc. Featured Case Has Decisions

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Major U.S. television networks file a copyright infringement lawsuit against online FilmOn.com, an online streaming TV broadcast service.
Plaintiffs: CBS Broadcasting Inc. , NBC Studios, Inc. , Universal Network Television, LLC , NBC Subsidiary (KNBC-TV), Inc. , Twentieth Century Fox Film Corporation , Fox Television Stations, Inc. , ABC Holding Company, Inc.  and Disney Enterprises, Inc. 
Defendant: Filmon.Com, Inc.
 
Case Number: 1:2010cv07532
Filed: October 1, 2010
 
Court: New York Southern District Court
Office: Foley Square Office
County: NewYork
Presiding Judge: Unassigned
 
Nature of Suit: Intellectual Property - Copyrights
Cause: 17:101
Jurisdiction: Federal Question
Jury Demanded By: None
 

Docket Report

We have record of the following docket entries for this case.
Date Filed#Document Text
February 9, 201248NOTICE OF APPEARANCE by Beth Ilana Goldman on behalf of Filmon.Com, Inc. (Goldman, Beth)
December 19, 201147Court Opinion or Order ORDER: that Christopher I. Marino Esq., of Holmes Weinberg, PC is hereby relieved as counsel for derendant FilmOn.com, Inc., and the clerk of the Court shall modify the docket and any other records of the Court accordingly. (Signed by Judge Naomi Reice Buchwald on 12/16/2011) (cd)
November 15, 201146ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Toby M.J. Butterfield dated 11/11/2011 re: The parties request to extend the current discovery deadline by 2 months. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 11/15/2011) (jfe)
November 15, 201145Court Opinion or Order ORDER: It is hereby ORDERED that Al J. Daniel, Jr., Esq., of Cowan, DeBaets, Abrahams & Sheppard LLP is hereby relieved as counsel for defendant FilmOn.Com, Esq. and the Clerk of the Court shall modify the docket and any other records of the Court accordingly. (Signed by Judge Naomi Reice Buchwald on 11/15/2011) (jfe)
September 27, 201144ANSWER to 43 Amended Complaint,, with JURY DEMAND. Document filed by Filmon.Com, Inc..(Goldman, Jeremy)
September 13, 201143FIRST AMENDED COMPLAINT amending 1 Complaint, against Filmon.Com, Inc. Document filed by Universal Network Television, LLC, Twentieth Century Fox Film Corporation, Disney Enterprises, Inc., NBC Studios LLC, Fox Television Stations, Inc., NBC Subsidiary (KNBC-TV) LLC, CBS Broadcasting Inc., ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Studios Inc., Open 4 Business Productions LLC. Related document: 1 Complaint, filed by Disney Enterprises, Inc., ABC Holding Company, Inc., NBC Studios, Inc., Fox Television Stations, Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC, NBC Subsidiary (KNBC-TV), Inc., CBS Broadcasting Inc..(mro)
September 9, 201142NOTICE OF CHANGE OF ADDRESS by Toby Michael John Butterfield on behalf of Filmon.Com, Inc.. New Address: Frankfurt Kurnit Klein & Selz, P.C., 488 Madison Avenue, 10th Floor, New York, NY, USA 10022, (212) 980-0120. (Butterfield, Toby)
September 6, 201141NOTICE OF APPEARANCE by Jeremy Seth Goldman on behalf of Filmon.Com, Inc. (Goldman, Jeremy)
September 6, 201140ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Hadrian R. Katz dated 8/29/2011 re: Counsel writes with respect to the motion to amend the complaint and to add four new plaintiffs. Counsel has discussed the proposed amendment with FilmOn counsel, and they have confirmed that they have no opposition. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 9/6/2011) (jfe)
August 24, 201139NOTICE OF APPEARANCE by Toby Michael John Butterfield on behalf of Filmon.Com, Inc. (Butterfield, Toby)
August 12, 201138Court Opinion or Order AMENDED SCHEDULING ORDER: The Court hereby amends its 4/20/2011 Scheduling Order and orders that: All Discovery, depositions, expert reports, and expert depositions due by 11/15/2011 and The temporary restraining order issued after a hearing on 11/22/2010 shall Remain in full force and effect, pending further order of the Court Discovery due by 11/15/2011. Deposition due by 11/15/2011. (Signed by Judge Naomi Reice Buchwald on 8/11/2011) (ft)
August 12, 201137ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Toby M. J. Butterfield dated 8/4/2011 re: Counsel requests a pre-motion conference as soon as possible. ENDORSEMENT: Application Denied. (Signed by Judge Naomi Reice Buchwald on 8/11/2011) (ft) Modified on 8/15/2011 (ad).
June 7, 201136Court Opinion or Order STIPULATION AND ORDER TO AMEND THE CAPTION that plaintiff NBC Studios. Inc. has changed its name to NBC Studios LLC and plaintiff NBC Subsidiary (KNBC-TV) has changed its name to NBC Subsidiary (KNBC-TV) LLC. (Signed by Judge Naomi Reice Buchwald on 6/3/11) (cd)
June 7, 201135Court Opinion or Order STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Naomi Reice Buchwald on 6/3/11) (cd)
April 21, 201134Court Opinion or Order SCHEDULING ORDER: Absent further order of the Court, document discovery, depositions, the submission of expert reports, expert depositions, and any other necessary discovery shall be completed by August 5, 2011. (See ORDER as set forth) Deposition due by 8/15/2011. Discovery due by 8/15/2011. (Signed by Judge Naomi Reice Buchwald on 4/20/2011) (lnl)
January 27, 201133RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying FilmOn.com, Plc as Corporate Parent. Document filed by Filmon.Com, Inc..(Daniel, Al)
January 18, 2011 Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Telephone Conference held on 1/18/2011. (mro)
January 10, 201132NOTICE OF APPEARANCE by Christopher Joseph Marino on behalf of Filmon.Com, Inc. (Marino, Christopher)
January 10, 201131NOTICE OF APPEARANCE by Al J. Daniel, Jr on behalf of Filmon.Com, Inc. (Daniel, Al)
January 10, 201130NOTICE OF APPEARANCE by Toby Michael John Butterfield on behalf of Filmon.Com, Inc. (Butterfield, Toby)
December 22, 2010 CASHIERS OFFICE REMARK on 21 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 11/22/2010, Receipt Number 921713. (jd)
December 8, 201029Court Opinion or Order MEMORANDUM AND ORDER, that the motion to withdraw is granted; and it is further ORDERED that defendant shall promptly retain new counsel and that as soon as counsel is obtained, counsel shall contact the Court to inform us as to when we can expect a supplemental brief in opposition to plaintiffs' motion for a preliminary injunction. (Signed by Judge Naomi Reice Buchwald on 12/8/2010) (lnl)
December 7, 201028MOTION for Scott Zarin, Esq. to Withdraw as Attorney. Document filed by Filmon.Com, Inc..(Zarin, Scott)
December 2, 201027Court Opinion or Order ORDER granting 21 Motion for Robert Alan Garrett to Appear Pro Hac Vice for plaintiffs ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Signed by Judge Naomi Reice Buchwald on 12/2/10) (db)
December 2, 201026Court Opinion or Order STIPULATION AND ORDER: 1. Defendant shall file its answer on 11/30/10. 2. Defendant shall file its supplemental papers on the Order to Show Cause on 12/13/10, and plaintiff sha11 file their reply on 12/20/10; and 3. The TRO shall remain in full force and effect until the Court rules upon plaintiffs'request for a prelimillary injunction. Filmon.Com, Inc. answer due 11/30/2010. (Signed by Judge Naomi Reice Buchwald on 12/2/10) (db)
December 2, 201025TRANSCRIPT of proceedings held on November 22, 2010 before Judge Naomi Reice Buchwald. (jw)
December 2, 201024TRANSCRIPT of proceedings held on 11/10/10 before Judge Naomi Reice Buchwald. (jw)
November 30, 201023ANSWER to Complaint with JURY DEMAND. Document filed by Filmon.Com, Inc..(Zarin, Scott)
November 29, 201022Injunction BOND # 6546671 in the amount of $ 10,000.00 posted by Fox Television Stations, Inc., and Twentieth Century Fox Film Corporation. (ml)
November 23, 201020DECLARATION of Reply Declaration of Christopher S. Morrow in Support re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony)
November 23, 201019DECLARATION of Reply Declaration of Hadrian R. Katz in Support re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony)
November 23, 201018REPLY MEMORANDUM OF LAW in Support re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony)
November 23, 201017DECLARATION of Alki David in Support re: 15 Response in Opposition to Motion,. Document filed by Filmon.Com, Inc.. (Boccanfuso, Anthony)
November 23, 201016REPLY MEMORANDUM OF LAW in Opposition re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by Filmon.Com, Inc.. (Boccanfuso, Anthony)
November 23, 201015RESPONSE in Opposition re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by Filmon.Com, Inc.. (Boccanfuso, Anthony)
November 23, 201014DECLARATION of Martin D. Franks in Support re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony)
November 23, 201013DECLARATION of Christopher Scott Morrow in Support re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Attachments: # 1 Exhibit 1 to S. Morrow Declaration, # 2 Exhibit 2 to S. Morrow Declaration, # 3 Exhibit 3 to S. Morrow Declaration)(Boccanfuso, Anthony)
November 23, 201012DECLARATION of Hadrian R. Katz in Support re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony)
November 23, 201011MEMORANDUM OF LAW in Support re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony)
November 23, 201010MOTION for Temporary Restraining Order (Replacement to Docket # 9). Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Attachments: # 1 Text of Proposed Order Unsigned Order to Show Cause)(Boccanfuso, Anthony)
November 23, 20109MOTION for Temporary Restraining Order. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC.(Boccanfuso, Anthony)
November 22, 2010 Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Oral Argument held on 11/22/2010. (mro)
November 22, 201021MOTION for Robert Alan Garrett to Appear Pro Hac Vice. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC.(mro)
November 22, 20108Court Opinion or Order MEMO ENDORSED ON ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION WITH TEMPORARY RESTRAINING ORDER: Having considered defendants affidavit and memorandum in response, plaintiffs reply papers and oral argument having been held, It is ordered that defendant FilmOn.com, Inc. show cause before the Honorable Naomi Reice Buchwald, United States District Judge, Courtroom 21A of the United States District Court for the Southern District of New York at a date and time to be determined. It is further ordered that defendant's supplemental papers are to be submitted by December 6, 2010 and plaintiffs response thereto is to be submitted by December 23, 2010. So Ordered (Signed by Judge Naomi Reice Buchwald on 11/22/2010) (js)
November 21, 20107NOTICE OF APPEARANCE by Scott Zarin on behalf of Filmon.Com, Inc. (Zarin, Scott)
November 17, 20106Court Opinion or Order MEMORANDUM AND ORDER: The Clerk of the Court is directed to strike from the record in this case the following documents: (1) The Exhibit to "Defendant FilmOn's Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction," and (2) the "Reply Declaration by Christopher Scott Morrow in support of Plaintiffs' Application for an Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order." The incorporation of memoranda of law filed in another case in lieu of briefing the precise issues raised in this litigation is unacceptable for at least three reasons. First, the use of a brief drafted by another lawyer as the content of an entire point in defendant's opposition is inconsistent with Federal Rule of Civil Procedure 11. Second, this approach is a flagrant violation of the page limits of this Court's Individual Practices. Third, incorporation of briefs filed in another case, even if closely related, impermissibly burdens the Court by requiring it to determine which portions of the other brief are on point to the specific issue presented. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 11/17/2010) (lnl)
November 10, 2010 Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Order to Show Cause Hearing held on 11/10/2010. (mro)
October 28, 20105ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Scott Zarin dated 10/26/2010 re: Requesting an extension of time until November 25, 2010, for Defendant Filmon.com to file an answer. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 10/27/2010) (jpo)
October 13, 20104AFFIDAVIT OF SERVICE of Summons and Complaint,. Filmon.Com, Inc. served on 10/5/2010, answer due 10/26/2010. Document filed by NBC Studios, Inc.; Universal Network Television, LLC; Twentieth Century Fox Film Corporation; Disney Enterprises, Inc.; Fox Television Stations, Inc.; CBS Broadcasting Inc.; NBC Subsidiary (KNBC-TV), Inc.; ABC Holding Company, Inc.. (Boccanfuso, Anthony)
October 12, 2010 Magistrate Judge Andrew J. Peck is so designated. (ldi)
October 12, 20103NOTICE OF CASE ASSIGNMENT to Judge Naomi Reice Buchwald. Judge Unassigned is no longer assigned to the case. (ldi)
October 12, 2010 CASE DECLINED AS NOT RELATED. Case referred as related to 1:10-cv-7415 and declined by Judge Naomi Reice Buchwald and returned to wheel for assignment. (ldi)
October 1, 2010 Mailed notice to Register of Copyrights to report the filing of this action. (ama)
October 1, 20102RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying CBS Corporation; National Amusements; NBC Universal Inc.; General Electric Corporation; Vivendi, S.A; NBC Universal Inc.; Fox Entertainment Group, Inc.; News Corporation;American Broadcasting, Inc.; The Walt Disney Company; Disney Enterprises as Corporate Parent. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC.(ama)
October 1, 2010 Case Designated ECF. (ama)
October 1, 2010 CASE REFERRED TO Judge Naomi Reice Buchwald as possibly related to 1:10-cv-7415. (ama)
October 1, 2010 SUMMONS ISSUED as to Filmon.Com, Inc. (ama)
October 1, 20101COMPLAINT against Filmon.Com, Inc. (Filing Fee $ 350.00, Receipt Number 916561)Document filed by NBC Studios, Inc., Universal Network Television, LLC, Twentieth Century Fox Film Corporation, Disney Enterprises, Inc., Fox Television Stations, Inc., CBS Broadcasting Inc., NBC Subsidiary (KNBC-TV), Inc., ABC Holding Company, Inc. (Attachments: # 1 Exhibit 1 thru 20)(ama)
Docket Report Last Updated: May 10, 2012 05:09:47 PDT

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Plaintiff: CBS Broadcasting Inc. 
Represented By:  Robert Alan Garrett 
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Plaintiff: NBC Studios, Inc. 
Represented By:  Robert Alan Garrett 
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Plaintiff: Universal Network Television, LLC 
Represented By:  Robert Alan Garrett 
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Plaintiff: NBC Subsidiary (KNBC-TV), Inc. 
Represented By:  Robert Alan Garrett 
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Plaintiff: Twentieth Century Fox Film Corporation 
Represented By:  Robert Alan Garrett 
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Plaintiff: Fox Television Stations, Inc. 
Represented By:  Robert Alan Garrett 
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Plaintiff: ABC Holding Company, Inc. 
Represented By:  Robert Alan Garrett 
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Plaintiff: Disney Enterprises, Inc. 
Represented By:  Robert Alan Garrett 
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Defendant: Filmon.Com, Inc.
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