CIRCLE CITY BROADCASTING I, LLC et al v. DISH NETWORK, LLC
| CIRCLE CITY BROADCASTING I, LLC and NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS |
| DISH NETWORK, LLC |
| 1:2020cv00750 |
| March 9, 2020 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Tanya Walton Pratt |
| Civil Rights: Other |
| 42 U.S.C. § 1981 ra Race Discrimination |
| Both |
Docket Report
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Filing 226
ORDER - The Court's ruling on Defendants' Bill of Costs (Filing No. #219 ) is stayed pending Plaintiff's appeal to the Seventh Circuit Court of Appeals. Signed by Judge Tanya Walton Pratt on 5/4/2023.(LBT)
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| Filing 225 USCA Case Number 23-1788 for #222 Notice of Appeal filed by CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (LF) |
| Filing 224 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #222 Notice of Appeal. - for Court of Appeals Use Only. (LBT) |
| Filing 223 PARTIES' SHORT RECORD re #222 Notice of Appeal - Instructions for Attorneys/Parties attached. (LBT) |
| Filing 222 NOTICE OF APPEAL as to #214 Closed Judgment, #213 Order on Motion for Summary Judgment, filed by Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (Filing fee $505, receipt number AINSDC-7605831) (McNeil, Andrew) |
| Filing 221 REPLY in Support of Motion re #219 BILL OF COSTS by DISH NETWORK, LLC (Defendant's Reply in Support of Bill of Costs), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 220 OBJECTION to #219 BILL OF COSTS by CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) Modified on 4/14/2023 - added link (AKH). |
| Filing 219 BILL OF COSTS by DISH NETWORK, LLC. (Attachments: #1 Exhibit - Brief in Support of Bill of Costs, #2 Affidavit - Declaration of John Maley, #3 Exhibit A - Deposition Invoices in Support of Bill of Costs)(Maley, John) |
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Filing 218
ORDER ON MOTION FOR LEAVE TO MAINTAIN UNDER SEAL 17- WORD EXCERPT FROM ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT - This matter is before the Court on Defendant's Motion for Leave to Maintain Under Seal 17-Word Excerpt from Order on Defendant's Motion for Summary Judgment (FIling No. 213). Plaintiff has filed a response in Opposition to Dish's Request to Redact Summary Judgment Entry. (Filing No. 217). Documents that affect the disposition of federal litigation are presumptively open to public view, even if the litigants strongly prefer secrecy, unless a statute, rule, or privilege justifies confidentiality. In re Specht, 622 F.3d 697, 701 (7th Cir. 2010). The Court intentionally wrote its summary judgment opinion in general terms and in a way that omitted any secret details. The Court, having reviewed the Motion and Response in Opposition, and being duly advised, hereby DENIES the Motion. Signed by Judge Tanya Walton Pratt on 4/7/2023. (DWH)
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| Filing 217 RESPONSE in Opposition re #215 MOTION to Seal Document #213 Order on Motion for Summary Judgment (Motion for Leave to Maintain Under Seal 17-Word Excerpt from Order on Defendant's Motion for Summary Judgment) , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) |
| Filing 216 BRIEF/MEMORANDUM in Support re #215 MOTION to Seal Document #213 Order on Motion for Summary Judgment (Motion for Leave to Maintain Under Seal 17-Word Excerpt from Order on Defendant's Motion for Summary Judgment) , filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Exhibit 1 - Redacted Version of ECF 213)(Maley, John) |
| Filing 215 MOTION to Seal Document #213 Order on Motion for Summary Judgment (Motion for Leave to Maintain Under Seal 17-Word Excerpt from Order on Defendant's Motion for Summary Judgment), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
| Filing 214 FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58 - The Court having this day made its Entry directing the entry of final judgment, the Court now enters FINAL JUDGMENT. Judgment is entered in favor of Defendant DISH Network and against Plaintiffs Circle City Broadcasting I, LLC. This action is TERMINATED. Signed by Judge Tanya Walton Pratt on 3/31/2023.(AKH) |
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Filing 213
ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT - This matter is before the Court on a Motion for Summary Judgment filed by Defendant DISH Network, LLC ("DISH"). (Filing No. #81 .) The Court GRANTS Defendant DISH Network, LLC's Motion for Summary Judgment. (Filing No. #81 .) Plaintiff Circle City Broadcasting I, LLC's claims are dismissed on summary judgment. All pending motions are DENIED as MOOT. Final judgment will issue under separate order. (See Order). Signed by Judge Tanya Walton Pratt on 3/31/2023. (AKH)
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Filing 212
ORDER granting #210 Motion to Withdraw Attorney Appearance. Attorney Autumn Clarke withdrawn. Signed by Magistrate Judge Tim A. Baker on 3/29/2023. (SWM)
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| Filing 211 Submission of Proposed Order to Withdraw Attorney Appearance Autumn Clarke, re #210 MOTION to Withdraw Attorney Appearance Autumn Clarke, filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Clarke, Autumn) |
| Filing 210 MOTION to Withdraw Attorney Appearance Autumn Clarke, filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Clarke, Autumn) |
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Filing 209
ORDER RESCHEDULING PRE-TRIAL CONERENCE AND TRIAL PENDING RULING ON SUMMARY JUDGMENT MOTION - This cause is before the Court regarding #208 the parties' Joint Motion to Reschedule Pre-Trial Conference and Trial Pending Ruling on Summary Judgment Motion. And the Court having considered the joint motion and in light of the pending summary judgment motion and related filings, now GRANTS said motion. IT IS THEREFORE ORDERED that the September 6, 2022 Final Pre-Trial Conference and the October 3, 2022 Trial settings in this case are hereby VACATED and will be rescheduled, if necessary, after a ruling on the pending summary judgment motion. Signed by Judge Tanya Walton Pratt on 8/19/2022. (AKH)
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| Filing 208 Joint MOTION to Vacate (Joint Motion to Reschedule Pre-Trial Conference and Trial Pending Ruling on Summary Judgment Motion), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
| Filing 207 RESPONSE to Dish's Notice of Supplemental Authority, re #206 Submission, filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) |
| Filing 206 Submission of DISH"s Notice of Supplemental Authority in Support of ECF 81, filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 205 RESPONSE to Dish's Notice of Supplemental Authority, re #204 Exhibit in Support, filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) |
| Filing 204 EXHIBIT in Support of Motion re #81 MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) (DISH's Notice of Supplemental Authority), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
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Filing 203
ORDER granting #198 Unopposed MOTION to Maintain Document Under Seal #195 SEALED Document (Case Participants - doc) . Signed by Magistrate Judge Tim A. Baker on 4/18/2022. (CBU)
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Filing 202
SCHEDULING ORDER - Final Pretrial Conference has been RESET for 9/6/2022 at 2:00 PM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Jury Trial has been RESET for 10/3/2022 at 9:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Signed by Judge Tanya Walton Pratt on 4/15/2022.(AKH)
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| Filing 201 Proposed Jury Verdict by CIRCLE CITY BROADCASTING I, LLC, Proposed Jury Instructions, filed by CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Exhibit 1 - Proposed Preliminary Instructions, #2 Exhibit 2 - Proposed Final Jury Instructions and Verdict Form)(McNeil, Andrew) Modified on 4/15/2022 - deleted duplicate docket text (AKH). |
| Filing 200 Exhibit List (DISH's Final Trial Exhibit List), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 199 BRIEF/MEMORANDUM in Support re #198 Unopposed MOTION to Maintain Document Under Seal #195 SEALED Document (Case Participants - doc) , filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 198 Unopposed MOTION to Maintain Document Under Seal #195 SEALED Document (Case Participants - doc) , filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
| Filing 197 BRIEF/MEMORANDUM in Support re #196 MOTION (Defendant's Motion in Limine to Exclude Inadmissible Matters at Trial) , filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 196 MOTION in Limine to Exclude Inadmissible Matters at Trial, filed by Defendant DISH NETWORK, LLC. (Maley, John) Modified on 4/14/2022 (AKH). |
| Filing 195 SEALED Parties' Stipulations of Fact (FILED UNDER SEAL), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Exhibit - Parties' Stipulations of Fact - FILED UNDER SEAL)(Maley, John) |
| Filing 194 Submission of Parties' Stipulations of Fact - REDACTED VERSION (For Public Access)), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 193 Proposed Voir Dire by DISH NETWORK, LLC. (Maley, John) |
| Filing 192 Proposed Jury Instructions and Jury Verdict Form, filed by DISH NETWORK, LLC. (Maley, John) Modified on 4/14/2022 (AKH). |
| Filing 191 Proposed Voir Dire by CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) |
| Filing 190 MOTION in Limine, filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) Modified on 4/14/2022 (AKH). |
| Filing 189 Submission Plaintiff's Designation of Deposition Excerpts for Trial, filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) |
| Filing 188 Exhibit List Circle City's List of Trial Exhibits, filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) |
| Filing 187 Witness List Plaintiff's Trial Witness List, filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) |
| Filing 186 NOTICE of Plaintiff's Intent to Use Evidence Presentation Equipment, filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC (McNeil, Andrew) |
| Filing 185 Witness List (Defendant's Trial Witness List), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 184 NOTICE of Defendant's Intention to Use Evidence Presentation Equipment, filed by Defendant DISH NETWORK, LLC (Maley, John) |
| Filing 183 MOTION Regarding Separation of Witnesses, filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) Modified on 4/14/2022 (AKH). |
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Filing 182
ORDER ON DEFENDANT'S MOTION TO EXCLUDE EXPERT TESTIMONY OF MARK FRATRIK - DISH's motion to exclude Fratrik's testimony is granted in part. [Filing No. #153 ]. Fratrik is precluded from testifying about two additional--highly speculative--three-year renewal periods. The portions of his report that address these speculative renewal periods are stricken. However, if this case proceeds to trial, Fratrik is not excluded from testifying in relation to his underlying calculations of retransmission and advertising revenue damages for the initial three-year period from 2019 to 2022. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 3/22/2022. (SWM)
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Filing 181
ORDER granting #178 Motion to Appear pro hac vice. Attorney Cyrus Mehri for CIRCLE CITY BROADCASTING I, LLC added. Signed by Magistrate Judge Tim A. Baker on 3/22/2022. (SWM)
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Filing 180
ORDER granting #177 Motion to Appear pro hac vice. Attorney Autumn Clarke for CIRCLE CITY BROADCASTING I, LLC added. Signed by Magistrate Judge Tim A. Baker on 3/22/2022. (SWM)
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Filing 179
ORDER granting #176 Motion to Appear pro hac vice. Attorney Joshua Karsh for CIRCLE CITY BROADCASTING I, LLC added. Signed by Magistrate Judge Tim A. Baker on 3/22/2022. (SWM)
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| Filing 178 MOTION for Attorney(s) Cyrus Mehri to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7014150), filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Exhibit A-Certification of Cyrus Mehri, #2 Text of Proposed Order)(McNeil, Andrew) |
| Filing 177 MOTION for Attorney(s) Autumn Clarke to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7014137), filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Exhibit A-Certification of Autumn Clarke, #2 Text of Proposed Order)(McNeil, Andrew) |
| Filing 176 MOTION for Attorney(s) Joshua Karsh to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7014134), filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Exhibit A-Certification of Joshua Karsh, #2 Text of Proposed Order)(McNeil, Andrew) |
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Filing 175
ORDER granting Defendant's #173 Unopposed MOTION to Maintain Document Under Seal. The Clerk is directed to maintain DISH's brief [Filing No. 172] under seal. Signed by Magistrate Judge Tim A. Baker on 3/10/2022. (SWM)
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| Filing 174 BRIEF/MEMORANDUM in Support re #173 Unopposed MOTION to Maintain Document Under Seal #172 SEALED Reply in support of Motion to Exclude Expert Testimony of Mark Fratrik , filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 173 Unopposed MOTION to Maintain Document Under Seal #172 SEALED Reply in support of Motion to Exclude Expert Testimony of Mark Fratrik, filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
| Filing 172 *** SEALED PER DKT. NUMBER #175 *** SEALED REPLY in support of Motion re #153 MOTION (Defendant's Motion to Exclude Expert Testimony of Mark Fratrik for Failure to Comply with FRCP 26(a)(2) and FRE 702) (Defendant's Reply in Support of Motion to Exclude Expert Testimony of Mark Fratrik - FILED UNDER SEAL), filed by Defendant DISH NETWORK, LLC. (Maley, John) Modified on 3/10/2022 (SWM). |
| Filing 171 REPLY in Support of Motion re #153 MOTION (Defendant's Motion to Exclude Expert Testimony of Mark Fratrik for Failure to Comply with FRCP 26(a)(2) and FRE 702) (Defendant's Reply in Support of Motion to Exclude Expert Testimony of Mark Fratrik - REDACTED FOR PUBLIC ACCESS), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
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Filing 170
ORDER granting Plaintiff's #167 MOTION to Maintain Document Under Seal - The Clerk is directed to maintain Circle City's brief [Filing No. 166] under seal. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 3/1/2022. (SWM)
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| Filing 169 REDACTED RESPONSE in Opposition re #153 MOTION (Defendant's Motion to Exclude Expert Testimony of Mark Fratrik for Failure to Comply with FRCP 26(a)(2) and FRE 702) , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) Modified on 2/28/2022 (AKH). |
| Filing 168 BRIEF/MEMORANDUM in Support re #167 MOTION to Maintain Document Under Seal #166 SEALED Document (Case Participants - doc) , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) |
| Filing 167 MOTION to Maintain Document Under Seal #166 SEALED Document (Case Participants - doc) , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Text of Proposed Order)(McNeil, Andrew) |
| Filing 166 *** SEALED PER DKT. NUMBER #170 *** SEALED Cover Sheet for Plaintiff's Response in Opposition, re #153 Motion (Other), filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Exhibit Response in Opposition to DISH's Second Motion to Exclude Expert Witness)(McNeil, Andrew) Modified on 3/1/2022 (SWM). |
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Filing 165
ORDER ON DEFENDANT'S MOTION TO MAINTAIN DOCUMENTS UNDER SEAL - DISH's motion [Filing No. #156 ] is granted as it relates to DISH's second Daubert brief [Filing No. 155-1], Exhibit F [Filing No. 155-2], and Exhibit G [Filing No. 155-3.] The Clerk is directed to maintain these documents under seal. However, Circle City filed a statement authorizing the unsealing of Exhibit H [Filing No. 155-4], the only Circle City-designated document referenced in DISH's motion. Accordingly, DISH's motion [Filing No. #156 ] is denied as it relates to Exhibit H. The Clerk is directed to unseal Filing No. 155-4 after 21 days, absent any motion to reconsider, appeal, or further court order. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 2/25/2022. (SWM)
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| Filing 164 Statement Authorizing Unsealing of Document by CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Text of Proposed Order)(McNeil, Andrew) |
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Filing 163
ORDER - This matter having come before the Court on the Unopposed Motion for Extension ofTime (Dkt. #162 ) filed by the plaintiff Circle City Broadcasting I, LLC; and the Court, being duly advised, hereby GRANTS the motion and ORDERS as follows: Circle City is granted a three-week extension of time, until March 4, 2022, to file (a) its response in opposition to DISH's Motion to Exclude (ECF No. 153) and (b) its motion for leave to maintain Exhibit H under seal (ECF No. 155-4). Signed by Magistrate Judge Tim A. Baker on 2/10/2022. (SWM)
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| Filing 162 Unopposed MOTION for Extension of Time to File Response to March 4, 2022 re #156 Unopposed MOTION to Maintain Document Under Seal #155 SEALED Document (Case Participants - doc) [ECF 155, 155-1, 2, and 3], #153 MOTION (Defendant's Motion to Exclude Expert Testimony of Mark Fratrik for Failure to Comply with FRCP 26(a)(2) and FRE 702) , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Text of Proposed Order)(McNeil, Andrew) |
| Filing 160 RESPONSE (Defendant's Response to Plaintiff's "Supplement to Correct Oral Argument Record"), re #159 Submission, filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 161 MARGINAL ENTRY - regarding #159 Submission of Supplement to Correct Oral Argument Record. ACKNOWLEDGED. Signed by Judge Tanya Walton Pratt on 2/7/2022. (AKH) |
| Filing 159 Submission of Supplement to Correct Oral Argument Record #81 , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Supplement Declaration of Ty Shea)(McNeil, Andrew) |
| Filing 158 MINUTE ENTRY for oral argument held before Judge Tanya Walton Pratt on 2/2/2022: Parties appeared by counsel. Oral argument re #81 MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) filed by DISH NETWORK, LLC presented. This matter was taken under advisement. Signed by Judge Tanya Walton Pratt. (Court Reporter David Moxley.)(TRG) |
| Filing 157 BRIEF/MEMORANDUM in Support re #156 Unopposed MOTION to Maintain Document Under Seal #155 SEALED Document (Case Participants - doc) [ECF 155, 155-1, 2, and 3] , filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 156 Unopposed MOTION to Maintain Document Under Seal #155 SEALED Document (Case Participants - doc) [ECF 155, 155-1, 2, and 3], filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
| Filing 155 SEALED Cover Sheet with Defendant's Brief in Support of Motion to Exclude Expert Testimony of Mark Fratrik for Failure to Comply with FRCP 26(a)(2) and FRE 702 - FILED UNDER SEAL, re #153 Motion (Other), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Exhibit - Defendant's Brief in Support of Motion to Exclude Expert Testimony of Mark Fratrik for Failure to Comply with FRCP 26(a)(2) and FRE 702 - FILED UNDER SEAL, #2 Exhibit F - Exhibit 128 - FILED UNDER SEAL, #3 Exhibit G - Exhibit 129 - FILED UNDER SEAL, #4 Exhibit H - Fratrik Deposition Excerpts - FILED UNDER SEAL)(Maley, John) |
| Filing 154 BRIEF/MEMORANDUM in Support re #153 MOTION (Defendant's Motion to Exclude Expert Testimony of Mark Fratrik for Failure to Comply with FRCP 26(a)(2) and FRE 702) (Redacted Version for Public Access), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Exhibit F (Exhibit 128) - Redacted, #2 Exhibit Exhibit G (Exhibit 129) - Redacted, #3 Exhibit H (Fratrik Deposition Excerpts) - Placeholder for Exhibit Filed Under Seal Separately)(Maley, John) |
| Filing 153 MOTION (Defendant's Motion to Exclude Expert Testimony of Mark Fratrik for Failure to Comply with FRCP 26(a)(2) and FRE 702), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
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Filing 152
SCHEDULING ORDER - The oral argument set January 28, 2022 is RESCHEDULED to February 2, 2022 at 10:30 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. Please make note of this change. Signed by Judge Tanya Walton Pratt on 1/13/2022. (AKH)
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Filing 151
ORDER GRANTING #115 DISH NETWORK, LLC'S REQUEST FOR ORAL ARGUMENT - Defendant DISH Network, LLC has requested, which Plaintiff Circle City Broadcasting I, LLC joins, that the Court allow oral argument on its Motion for Summary Judgment (Filing No. #81 ). Having reviewed the motions and the docket for this case, and the Court being otherwise sufficiently advised: IT IS HEREBY ORDERED that the Motion for Oral Argument (Filing No. #115 ) and Joinder in Motion for Oral Argument (Filing No. #116 ) is GRANTED. Oral argument on Defendant's Motion for Summary Judgment shall be heard on January 28, 2022, at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. The parties are allotted thirty (30) minutes per side for a total of sixty (60) minutes. Signed by Judge Tanya Walton Pratt on 1/11/2022.(AKH)
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Filing 150
ORDER ON DEFENDANT'S MOTION TO MAINTAIN DOCUMENTS UNDER SEAL - DISH's motion [Filing No. #144 is granted as it relates to DISH's Daubert reply brief. The Clerk is directed to maintain Filing No. 143-1 under seal. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 12/2/2021. (SWM)
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Filing 149
ORDER REGARDING PLAINTIFF'S EXPERT WITNESS DISCLOSURE - The dispute presented by the motions addressed in this order is unfortunate, but manageable. Circle City will be allowed to supplement Fratrik's expert report on damages. Any prejudice to DISH has been sufficiently minimized by requiring Circle City to reimburse any resulting reasonable fees and costs, and by modifying case management deadlines. Accordingly, for these reasons, Circle City's motion for leave to supplement its expert disclosure [Filing No. #120 ] is granted, and DISH's motion to exclude expert testimony [Filing No. #123 ] is denied. See Order for details. Signed by Magistrate Judge Tim A. Baker on 12/2/2021. (SWM)
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Filing 148
ORDER granting Plaintiff's #138 Motion to Maintain Documents Under Seal - The Clerk is directed to maintain Filing No. 136-1 under seal. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 12/1/2021. (SWM)
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Filing 147
ORDER granting #125 Motion to Maintain Document Under Seal #125 Unopposed MOTION to Maintain Document Under Seal #124 SEALED Document (Case Participants - doc) (Unopposed Motion to Maintain Daubert Brief and Exhibits [ECF 124] Under Seal), #124 SEALED Document (Case Participants - doc). In addition, the Clerk is directed to seal DISH's redacted version of Exhibit A [Filing No. 127-1]. The Clerk is directed to unseal Exhibit D [Filing No. 124-5] after 21 days absent any motion to reconsider, appeal, or further Court order. Signed by Magistrate Judge Tim A. Baker on 11/29/2021. (JDC)
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| Filing 146 REPLY in Support of Motion re #123 MOTION (Defendant's Motion to Exclude Expert Testimony of Mark Fratrik for Failure to Comply with FRCP 26(a)(2) and FRE 702) (Defendant's Reply in Support of Motion to Exclude Testimony of Mark Fratrik - Redacted Version for Public Access), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 145 BRIEF/MEMORANDUM in Support Reply in Support of Motion re #144 Unopposed MOTION to Maintain Document Under Seal #143 SEALED Document (Case Participants - doc) (Unopposed Motion to Maintain Defendant's Reply Brief in Support of Daubert Motion Under Seal) , filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 144 Unopposed MOTION to Maintain Document Under Seal #143 SEALED Document (Case Participants - doc) (Unopposed Motion to Maintain Defendant's Reply Brief in Support of Daubert Motion Under Seal), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
| Filing 143 SEALED Reply Brief in Support of Daubert Motion - Not for Public Access, re #123 Motion (Other), filed by Defendant DISH NETWORK, LLC. (Attachments: # *** SEALED PER DOCKET NUMBER #150 ***(1) Exhibit - SEALED Reply Brief in Support of Daubert Motion - NOT FOR PUBLIC ACCESS)(Maley, John) Modified on 12/2/2021 (SWM). |
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Filing 142
ORDER on Defendant's motion to maintain documents under seal re #124 SEALED Document-The Clerk is directed to maintain DISH's brief [Filing No. 124-1] under seal, as well as: Exhibit A [Filing No. 124-2]; Exhibit B [Filing No. 124-3]; Exhibit C [Filing No. 124-4]; and Exhibit E [Filing No. 124-6]. In addition, the Clerk is directed to seal DISH's redacted version of Exhibit A [Filing No. 127-1]. The Clerk is directed to unseal Exhibit D [Filing No. 124-5] after 21 days absent any motion to reconsider, appeal, or further Court order. Signed by Magistrate Judge Tim A. Baker on 11/22/2021.(CBU)
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Filing 141
ORDER granting #113 Motion to Maintain Document Under Seal #112 SEALED Reply in support of Motion. However, the clerk is directed to unseal Exhibit 160 [Filing No. 112-2] after 21 days, absent any motion to reconsider, appeal, or further Court order. Signed by Magistrate Judge Tim A. Baker on 11/22/2021. (CBU)
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| Filing 140 REPLY in Support of Motion re #120 MOTION for Leave to File Supplement Expert Disclosure , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Appendix 1 - Amended Expert Report)(McNeil, Andrew) |
| Filing 139 BRIEF/MEMORANDUM in Support re #138 MOTION to Maintain Document Under Seal #136 SEALED Document (Case Participants - doc), , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) |
| Filing 138 MOTION to Maintain Document Under Seal #136 SEALED Document (Case Participants - doc), , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Text of Proposed Order)(McNeil, Andrew) |
| Filing 137 RESPONSE in Opposition re #123 MOTION (Defendant's Motion to Exclude Expert Testimony of Mark Fratrik for Failure to Comply with FRCP 26(a)(2) and FRE 702) (REDACTED), filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Exhibit 1 - Dep. Ex. 120)(McNeil, Andrew) |
| Filing 136 *** SEALED PER DOCKET NUMBER #148 *** SEALED Response in Opposition to Motion to Exclude Expert Witness, re #123 Motion (Other), filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Plaintiff's Response in Opposition to Motion to Exclude Expert Witness - SEALED)(McNeil, Andrew) Modified on 12/1/2021 (SWM). |
| Filing 135 RESPONSE Brief in Support of ECF No. #125 (DISH's Unopposed Motion to Maintain Documents Under Seal), filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Exhibit 1 - Public Version of Plaintiff's Expert Report, #2 Text of Proposed Order)(McNeil, Andrew) Modified on 11/17/2021 - added link (AKH). |
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Filing 134
ORDER ON PLAINTIFF'S MOTION TO RECONSIDER - Before the Court is Plaintiff Circle City Broadcasting I, LLC's motion to reconsider [Filing No. 111] the Court's order [Filing No. 110] denying DISH's motion [Filing No. 96] to maintain under seal numerous documents designated confidential by Circle City because Circle City failed to file a brief in support, as required by S.D. Ind. L.R. 5-11. Circle City now belatedly seeks to have the Court reconsider its order. [Filing No. 111.] Circle City's motion to reconsider [Filing No. #111 ] is granted. See Order for documents to remain sealed and documents to unseal. Signed by Magistrate Judge Tim A. Baker on 11/16/2021. (SWM)
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Filing 133
ORDER - This matter having come before the Court on the Unopposed Motion for Extension ofTime to File Reply (Dkt. #131 ) filed by the plaintiff Circle City Broadcasting I, LLC; and the Court, being duly advised, hereby GRANTS the motion and ORDERS as follows: Circle City is granted a two-day extension of time to file its reply in support of its Motion for Leave to Supplement Expert Disclosure until November 17, 2021. Signed by Magistrate Judge Tim A. Baker on 11/16/2021. (SWM)
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Filing 132
ORDER ON PLAINTIFF'S MOTION TO MAINTAIN DOCUMENTS UNDER SEAL - The Clerk is directed to maintain Filing Nos. 103-1, 105-1, 105-3, 105-4, 105-5, and 105-6 under seal. However, the Clerk is directed to unseal Filing No. 105-2 after 21 days, absent a motion to reconsider, appeal, or further Court order. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 11/12/2021. (SWM)
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| Filing 131 Unopposed MOTION for Extension of Time to File Reply to 11/17/2021 re #120 MOTION for Leave to File Supplement Expert Disclosure , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Text of Proposed Order)(McNeil, Andrew) |
| Filing 130 EXHIBIT in Support of Motion re #81 MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) (Redacted Version of ECF 84-3 - Public Access Version), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 129 RESPONSE in Opposition re #120 MOTION for Leave to File Supplement Expert Disclosure (Defendant's Brief in Opposition to Plaintiff's Motion to Supplement Expert Disclosure), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 128 BRIEF/MEMORANDUM in Support re #125 Unopposed MOTION to Maintain Document Under Seal #124 SEALED Document (Case Participants - doc) (Unopposed Motion to Maintain Daubert Brief and Exhibits [ECF 124] Under Seal) , filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 127 BRIEF/MEMORANDUM in Support re #123 MOTION (Defendant's Motion to Exclude Expert Testimony of Mark Fratrik for Failure to Comply with FRCP 26(a)(2) and FRE 702) (PUBLIC ACCESS VERSION OF BRIEF IN SUPPORT OF DAUBERT MOTION WITH PUBLIC ACCESS VERSION OF EXHIBITS), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Exhibit A - Fratrik Report - Redacted Version of ECF 124-2 (FOR PUBLIC ACCESS), #2 Exhibit B - Fratrik Excerpts - Redacted Version of ECF 124-3 (FOR PUBLIC ACCESS), #3 Exhibit C - Vince Thomas Report - Redacted Version of ECF 124-4 (FOR PUBLIC ACCESS), #4 Exhibit D - Initial Disclosures - Public Version of 124-5)(Maley, John) |
| Filing 126 Exhibit List (Final), filed by Defendant DISH NETWORK, LLC, Witness List (Final), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 125 Unopposed MOTION to Maintain Document Under Seal #124 SEALED Document (Case Participants - doc) (Unopposed Motion to Maintain Daubert Brief and Exhibits [ECF 124] Under Seal), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
| Filing 124 *** SEE DKT. NUMBER 147 FOR DOCUMENTS TO UNSEAL AND DOCUMENTS TO REMAIN SEALED *** SEALED Cover Sheet for DISH's Daubert Brief and Supporting Exhibits, re #123 Motion (Other), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Exhibit - Defendant's Brief in Support of Motion to Exclude Expert Testimony of Mark Fratrik for Failure to Comply with FRCP 26(a)(2) and FRE 702 - FILED UNDER SEAL, #2 Exhibit A - Mark Fratrik Expert Witness Disclosure and Report - FILED UNDER SEAL, #3 Exhibit B - Mark Fratrik Deposition Excerpts - FILED UNDER SEAL, #4 Exhibit C - Vince Thomas Expert Disclosure and Report - FILED UNDER SEAL, #5 Exhibit D - Plaintiff's Initial Disclosures, #6 Exhibit E - CCB Retrans Summary Subscribers - FILED UNDER SEAL)(Maley, John) Modified on 12/2/2021 (SWM). |
| Filing 123 MOTION (Defendant's Motion to Exclude Expert Testimony of Mark Fratrik for Failure to Comply with FRCP 26(a)(2) and FRE 702), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 122 Exhibit List , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC, Witness List , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) |
| Filing 121 Notice to File a RESPONSE in Opposition re #120 MOTION for Leave to File Supplement Expert Disclosure (Notice of Intent to Respond and Object to Plaintiff's Motion for Expert Extensions), filed by Defendant DISH NETWORK, LLC. (Maley, John) Modified on 11/4/2021 (AKH). |
| Filing 120 MOTION for Leave to File Supplement Expert Disclosure, filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Exhibit 1 - Dr. Fratrik's CV, #2 Text of Proposed Order)(McNeil, Andrew) |
| Filing 119 Submission of Proposed Order , re #113 Unopposed MOTION to Maintain Document Under Seal #112 SEALED Reply in support of Motion (Unopposed Motion to Maintain Unredacted Reply in Support of Motion for Summary Judgment (ECF 112) Under Seal), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 118 BRIEF/MEMORANDUM in Support re #113 Unopposed MOTION to Maintain Document Under Seal #112 SEALED Reply in support of Motion (Unopposed Motion to Maintain Unredacted Reply in Support of Motion for Summary Judgment (ECF 112) Under Seal) , filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 117 BRIEF/MEMORANDUM in Support Reply in Support of Motion re #81 MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) (DISH's Reply in Support of Motion for Summary Judgment [REDACTED VERSION OF ECF 112-1 - FOR PUBLIC ACCESS]), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 116 MOTION for Joinder for Oral Argument, filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) |
| Filing 115 MOTION (DEFENDANT'S REQUEST FOR ORAL ARGUMENT ON PENDING SUMMARY JUDGMENT MOTION), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
| Filing 114 RESPONSE in Opposition re #106 MOTION to Maintain Document Under Seal #103 SEALED Response to Motion, #105 SEALED Document (Case Participants - doc) (DISH's Response to Circle City's Motion to Maintain - Combined Statement Authorizing Unsealing of Portion of Document and Brief in Support of Circle City's Motion to Maintain Documents Under Seal), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Exhibit - Redacted Version of ECF 105-2 (Boddie Dep Excerpts), #2 Text of Proposed Order)(Maley, John) |
| Filing 113 Unopposed MOTION to Maintain Document Under Seal #112 SEALED Reply in support of Motion (Unopposed Motion to Maintain Unredacted Reply in Support of Motion for Summary Judgment (ECF 112) Under Seal), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 112 SEALED REPLY in support of Motion re #81 MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) (DISH's Reply in Support of Motion for Summary Judgment - FILED UNDER SEAL), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Exhibit - DISH's Reply in Support of Motion for Summary Judgment - FILED UNDER SEAL, #2 Exhibit 160 - Circle City's Application for Certification to City of Indianapolis)(Maley, John) |
| Filing 111 MOTION for Reconsideration re #110 Order on Motion to Seal/Maintain Under Seal Document , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Exhibit Combined Statement Authorizing Unsealing of Certain Documents and Brief in Support of Dish's Motion to Maintain Documents Under Seal, #2 Text of Proposed Order)(McNeil, Andrew) |
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Filing 110
ORDER granting in part and denying in part Defendant's #96 Motion to Maintain Document Under Seal. See Order for documents to remain sealed, documents to unseal and additional information. Signed by Magistrate Judge Tim A. Baker on 10/26/2021. (SWM)
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Filing 109
ORDER granting #108 Motion for Extension of Time to File Reply to 11/1/2021 re #106 MOTION to Maintain Document Under Seal #103 SEALED Response to Motion, #105 SEALED Document (Case Participants - doc) , #81 and MOTION for Summary Judgment (Defendant's Motion for Summary Judgment). Signed by Magistrate Judge Tim A. Baker on 10/18/2021. (CBU)
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| Filing 108 Unopposed MOTION for Extension of Time to File Reply to November 1, 2021 re #106 MOTION to Maintain Document Under Seal #103 SEALED Response to Motion, #105 SEALED Document (Case Participants - doc) , #81 MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) (Unopposed Motion for 7-Day Extension of Time for Reply on Summary Judgment and Response on Sealed Motion), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
| Filing 107 BRIEF/MEMORANDUM in Support re #106 MOTION to Maintain Document Under Seal #103 SEALED Response to Motion, #105 SEALED Document (Case Participants - doc) , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) |
| Filing 106 MOTION to Maintain Document Under Seal #103 SEALED Response to Motion, #105 SEALED Document (Case Participants - doc) , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Text of Proposed Order)(McNeil, Andrew) |
| Filing 105 SEALED Exhibits 2, 3, 4, 5, 7, 9, re #102 Response in Opposition to Motion, filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Exhibit 2 - Excerpts from the Deposition of Melisa Ordonez Boddie, #2 Exhibit 3 - Depo. Ex. 54A, #3 Exhibit 4 - Depo. Ex. 56, #4 Exhibit 5 - Excerpts from the Deposition of Charles Ergen, #5 Exhibit 7 - March 16, 2017 Email from Warren Schlichting, #6 Exhibit 9 - August 2, 2019 Email re Closing Condition)(McNeil, Andrew) |
| Filing 104 APPENDIX re #102 Response in Opposition to Motion for Summary Judgment by CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Exhibit 01 - Deposition of DuJuan McCoy, #2 Exhibit 06 - Schedule Section 7.2(d) to Asset Purchase Agreement, #3 Exhibit 08 - June 25, 2020 Letter from City of Indianapolis and October 9, 2020 Letter from State of Indiana Re MBE Certification, #4 Exhibit 10 - Declaration of DuJuan A. McCoy, #5 Exhibit 11 - Declaration of Andrew M. McNeil)(McNeil, Andrew) |
| Filing 103 SEALED RESPONSE re #81 MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Response in Opposition to Defendant's Motion for Summary Judgment)(McNeil, Andrew) |
| Filing 102 RESPONSE in Opposition re #81 MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) , filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) |
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Filing 101
ORDER granting #100 Motion for Extension of Time to 10/11/2021 for Circle City's brief in support of its Motion to Maintain Documents Under Seal (Dkt. 96. Signed by Magistrate Judge Tim A. Baker on 9/20/2021. (CBU)
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| Filing 100 Unopposed MOTION for Extension of Time to 10/11/21 to File Brief in Support of Motion to Maintain Documents Under Seal, filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Text of Proposed Order)(McNeil, Andrew) |
| Filing 99 Submission of Proposed Order , re #96 MOTION to Maintain Document Under Seal #93 SEALED Document (Case Participants - doc), #87 SEALED Document (Case Participants - doc), #85 SEALED Document (Case Participants - doc), #86 SEALED Document (Case Participants - doc), #94 SEALED Do, filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 98 BRIEF/MEMORANDUM in Support re #96 MOTION to Maintain Document Under Seal #93 SEALED Document (Case Participants - doc), #87 SEALED Document (Case Participants - doc), #85 SEALED Document (Case Participants - doc), #86 SEALED Document (Case Participants - doc), #94 SEALED Do (Regarding Sealed ECF 84-87, 91, 93-94, and 95), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 97 BRIEF/MEMORANDUM in Support re #81 MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) (REDACTED FOR PUBLIC ACCESS), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 96 MOTION to Maintain Document Under Seal #93 SEALED Document (Case Participants - doc), #87 SEALED Document (Case Participants - doc), #85 SEALED Document (Case Participants - doc), #86 SEALED Document (Case Participants - doc), #94 SEALED Document (Case Participants - doc), #95 SEALED Document (Case Participants - doc), #84 SEALED Document (Case Participants - doc), #91 SEALED Document (Case Participants - doc) , filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 95 SEALED Brief in Support of Motion for Summary Judgment (Sealed Version), re #81 Motion for Summary Judgment, filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Exhibit - DISH Brief in Support of Motion for Summary Judgment - SEALED VERSION)(Maley, John) |
| Filing 94 SEALED Defendant's Motion for Summary Judgment) (Defendant's Supplemental Appendix of Evidence - Volume 2 of 2 (Sealed Volume - Part 2 of 2)), re #81 Motion for Summary Judgment, filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Appendix - Index of Supplemental Appendix - Volume 2 of 2 (Sealed Volume), #2 Exhibit SA25 - DISH1381 (Under Seal), #3 Exhibit SA26 - DISH1387 (Under Seal), #4 Exhibit SA27 - DISH1393 (Under Seal), #5 Exhibit SA28 - DISH1543 (Under Seal), #6 Exhibit SA29 - DISH1563 (Under Seal), #7 Exhibit SA30 - DISH1809 (Under Seal), #8 Exhibit SA31 - DISH1838 (Under Seal), #9 Exhibit SA32 - DISH1944 (Under Seal), #10 Exhibit SA33 - DISH1946 (Under Seal), #11 Exhibit SA34 - DISH2074 (Under Seal), #12 Exhibit SA35 - DISH2232 (Under Seal), #13 Exhibit SA36 - DISH2895 (Under Seal), #14 Exhibit SA37 - DISH2935 (Under Seal), #15 Exhibit SA38 - DISH2967 (Under Seal), #16 Exhibit SA39 - DISH2979 (Under Seal), #17 Exhibit SA40 - DISH2986 (Under Seal), #18 Exhibit SA41 - DISH3041 (Under Seal), #19 Exhibit SA42 - DISH3141 (Under Seal), #20 Exhibit SA43 - DISH3156 (Under Seal), #21 Exhibit SA44 - DISH3231 (Under Seal), #22 Exhibit SA45 - DISH3554 (Under Seal), #23 Exhibit SA46 - DISH3555 (Under Seal), #24 Exhibit SA47 - DISH4306 (Under Seal))(Maley, John) |
| Filing 93 *** SEE DKT #110 FOR DOCUMENTS TO REMAIN SEALED AND DOCUMENTS TO UNSEAL *** SEALED Defendant's Motion for Summary Judgment) (Defendant's Supplemental Appendix of Evidence - Volume 2 of 2 (Sealed Volume - Part 1 of 2)), re #81 Motion for Summary Judgment, filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Appendix - Index of Supplemental Appendix (Volume 2 of 2) (Sealed Volume), #2 Exhibit SA10 - CCB9 (Under Seal), #3 Exhibit SA11 - CCB69 (Under Seal), #4 Exhibit SA12 - CCB129 (Under Seal), #5 Exhibit SA13 - CCB142 (Under Seal), #6 Exhibit SA14 - CCB1249 (Under Seal), #7 Exhibit SA15 - DISH245 (Under Seal), #8 Exhibit SA16 - DISH648 (Under Seal), #9 Exhibit SA17 - DISH718 (Under Seal), #10 Exhibit SA18 - DISH771 (Under Seal), #11 Exhibit SA19 - DISH897 (Under Seal), #12 Exhibit SA20 - DISH911 (Under Seal), #13 Exhibit SA21 - DISH937 (Under Seal), #14 Exhibit SA22 - DISH1248 (Under Seal), #15 Exhibit SA23 - DISH1328 (Under Seal), #16 Exhibit SA24 - DISH1368 (Under Seal))(Maley, John) Modified on 10/29/2021 (SWM). |
| Filing 92 Appendix of Exhibits in Support of Motion re #81 MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) (Defendant's Supplemental Appendix of Evidence - Volume 1 of 2 (Public Volume)), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Exhibit SA1 - DISH38, #2 Exhibit SA2 - DISH40, #3 Exhibit SA3 - DISH92, #4 Exhibit SA4 - 123 - McCoy Dep. Ex. 26, #5 Exhibit SA5 - DISH243, #6 Exhibit SA6 - DISH311, #7 Exhibit SA7 - DISH375, #8 Exhibit SA8 - DISH8336, #9 Exhibit SA9 - DISH12737-12906)(Maley, John) |
| Filing 91 SEALED Appendix Volume 4 of 4 - Part 4 - Exhibits 91, 108, and 119 (Submitted in Revised Format Due to ECF Errors 9/12/2021), re #81 Motion for Summary Judgment, #90 SEALED Document (Case Participants - doc), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Exhibit 119 - McCoy Dep. Ex. 37 - Under Seal, #2 Exhibit 108 - CCB51 - Under Seal, #3 Exhibit 119 - CCB260 - Under Seal)(Maley, John) |
| Filing 90 *** SEE DKT. #110 FOR DOCUMENTS TO REMAIN SEALED AND DOCUMENTS TO UNSEAL *** SEALED Appendix Volume 4 of 4 - Part 4 - Exhibits 91, 108, and 119 (Submitted in Revised Format Due to ECF Errors 9/12/2021), re #81 Motion for Summary Judgment, filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Exhibit 91 - McCoy Dep. Ex. 37 - Under Seal, #2 Exhibit 108 - CCB51 - Under Seal, #3 Exhibit 119 - CCB260 - Under Seal)(French, Alexandra) Modified on 10/29/2021 (SWM). |
| Filing 89 Receipt of one Thumb Drive re #88 NOTICE of Manual Filing re #83 Appendix of Exhibits in Support, filed by DISH NETWORK, LLC. (Attachments: # 1 Image of Manual Filing) (AKH). (AKH) |
| Filing 88 NOTICE of Manual Filing re #83 Appendix of Exhibits in Support, filed by DISH NETWORK, LLC. (Attachments: #1 Image of Manual Filing) (AKH) |
| Filing 87 SEALED Appendix Volume 4 of 4 in Support of Motion for Summary Judgment FILED UNDER SEAL - Part 3 - Filed in Multiple Parts Due to Repeated ECF Technical Error Messages, re #81 Motion for Summary Judgment, filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Appendix - Index of Appendix Volume 4 of 4 (Filed Under Seal), #2 Exhibit 139 - DISH1553 (Under Seal), #3 Exhibit 140 - DISH1597 (Under Seal), #4 Exhibit 141 - DISH1653 (Under Seal), #5 Exhibit 142 - DISH1822 (Under Seal), #6 Exhibit 143 - DISH1784 (Under Seal), #7 Exhibit 144 - DISH1796 (Under Seal), #8 Exhibit 145 - DISH631 (Under Seal), #9 Exhibit 146 - DISH633 (Under Seal), #10 Exhibit 147 - DISH1998 (Under Seal), #11 Exhibit 148 - DISH2005 (Under Seal), #12 Exhibit 149 - Boddie Dep. Ex. 85 (Under Seal), #13 Exhibit 150 - DISH2920 - AEO - (Under Seal), #14 Exhibit 151 - DISH2975 - AEO - (Under Seal), #15 Exhibit 152 - DISH928 (Under Seal), #16 Exhibit 154 - DISH2161 (Under Seal), #17 Exhibit 155 - DISH2196 (Under Seal), #18 Exhibit 156 - DISH2201 (Under Seal), #19 Exhibit 157 - DISH8342 (Under Seal))(Maley, John) |
| Filing 86 *** SEE DKT. #110 FOR DOCUMENTS TO REMAIN SEALED AND DOCUMENTS TO UNSEAL *** SEALED Appendix Volume 4 of 4 in Support of Motion for Summary Judgment FILED UNDER SEAL - Part 2 - Filed in Multiple Parts Due to Repeated ECF Technical Error Messages, re #81 Motion for Summary Judgment, filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Appendix - Index of Appendix Volume 4 of 4 (Filed Under Seal), #2 Exhibit 120 - DISH489 - (Under Seal), #3 Exhibit 121 - McCoy Dep. Ex. 53 (Under Seal), #4 Exhibit 122 - CCB1285 (Under Seal), #5 Exhibit 124 - CCB236 (Under Seal), #6 Exhibit 125 - DISH13511 - AEO - (Under Seal), #7 Exhibit 127 - DISH497 (Under Seal), #8 Exhibit 128 - DISH561 (Under Seal), #9 Exhibit 129 - DISH559 (Under Seal), #10 Exhibit 130 - DISH1275 (Under Seal), #11 Exhibit 131 - DISH2763 - AEO - (Under Seal), #12 Exhibit 132 - DISH1364 (Under Seal), #13 Exhibit 133 - DISH1372 (Under Seal), #14 Exhibit 134 - DISH1376 (Under Seal), #15 Exhibit 135 - DISH1452 (Under Seal), #16 Exhibit 136 - DISH1459 (Under Seal), #17 Exhibit 137 - DISH1466 (Under Seal), #18 Exhibit 138 - DISH1518 (Under Seal), #19 Exhibit 139 - DISH1553 (Under Seal))(Maley, John) Modified on 10/29/2021 (SWM). |
| Filing 85 *** SEE DKT. #110 FOR DOCUMENTS TO REMAIN SEALED AND DOCUMENTS TO UNSEAL *** SEALED Appendix Volume 4 of 4 in Support of Motion for Summary Judgment FILED UNDER SEAL - Part 1 - Filed in Multiple Parts Due to Repeated ECF Technical Error Messages, re #81 Motion for Summary Judgment, filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Appendix - Index of Appendix Volume 4 of 4 (Filed Under Seal), #2 Exhibit 90 - McCoy Dep. Ex. 36 (Under Seal), #3 Exhibit 96 - CCB636 (Under Seal), #4 Exhibit 97 - DISH355 (Under Seal), #5 Exhibit 98 - McCoy Dep. Ex. 41 (Under Seal), #6 Exhibit 106 - DISH4857 - AEO - (Under Seal), #7 Exhibit 107 - DISH4067 - AEO - (Under Seal), #8 Exhibit 109 - McCoy Dep. Ex. 48 (Under Seal), #9 Exhibit 110 - CCB837 - AEO - (Under Seal), #10 Exhibit 111 - CCB1123 - AEO - (Under Seal), #11 Exhibit 112 - DISH437 (Under Seal), #12 Exhibit 113 - DISH438 (Under Seal), #13 Exhibit 114 - McCoy Dep. Ex. 49 (Under Seal), #14 Envelope 115 - DISH473 (Under Seal), #15 Exhibit 116 - DISH477 (Under Seal), #16 Exhibit 117 - McCoy Dep. Ex. 50 (Under Seal), #17 Exhibit 118 - DISH483 (Under Seal))(Maley, John) Modified on 10/29/2021 (SWM). |
| Filing 84 *** SEE DKT. NUMBER #110 FOR DOCUMENTS TO REMAIN SEALED AND DOCUMENTS TO UNSEAL *** SEALED Appendix Volume 3 of 4 in Support of Motion for Summary Judgment - FILED UNDER SEAL, re #81 Motion for Summary Judgment, filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Appendix - Appendix Index of of Volume 3 of 4 (Filed Under Seal), #2 Exhibit 2 - McCoy Dep. Excerpts (Under Seal), #3 Exhibit 3 - Boddie Declaration (Under Seal), #4 Exhibit 8 - Boddie Dep. Excerpts (Under Seal), #5 Exhibit 10 - Shea Dep. Ex. 104 (Under Seal), #6 Exhibit 13 - DISH13757 - AEO (Under Seal), #7 Exhibit 14 - DISH13732 - AEO (Under Seal), #8 Exhibit 15 - DISH13462 - AEO (Under Seal), #9 Exhibit 16 - DISH13846 - AEO (Under Seal), #10 Exhibit 17 - DISH13707 - AEO (Under Seal), #11 Exhibit 18 - DISH13438 - AEO (Under Seal), #12 Exhibit 25 - Shea Dep. Ex. 102 (Under Seal), #13 Exhibit 33 - DISH 6527 - AEO (Under Seal), #14 Exhibit 44 - DISH13383 - AEO (Under Seal), #15 Exhibit 45 - DISH3432 - AEO (Under Seal), #16 Exhibit 46 - McCoy Dep. Ex. 10 (Under Seal), #17 Exhibit 48 - DISH4298 (Under Seal), #18 Exhibit 49 - DISH3641 (Under Seal), #19 Exhibit 50 - DISH3633 (Under Seal), #20 Exhibit 51 - DISH3749 (Under Seal), #21 Exhibit 52 - DISH3649 (Under Seal), #22 Exhibit 53 - DISH15 (Under Seal), #23 Exhibit 54 - DISH16 (Under Seal), #24 Exhibit 59 - DISH26 (Under Seal), #25 Exhibit 60 - McCoy Dep. Ex. 18 (Under Seal), #26 Exhibit 62 - CCB215 (Under Seal), #27 Exhibit 63 - McCoy Dep. Ex. 11, #28 Exhibit 64 - DISH46 (Under Seal), #29 Exhibit 66 - DISH94 100 (Under Seal), #30 Exhibit 68 - DISH116 (Under Seal), #31 Exhibit 71 - DISH134 (Under Seal), #32 Exhibit 74 - DISH155 (Under Seal), #33 Exhibit 76 - McCoy Dep. Ex. 29 (Under Seal), #34 Exhibit 77 - DISH166 (Under Seal), #35 Exhibit 78 - DISH167 (Under Seal), #36 Exhibit 80 - CCB61 (Under Seal), #37 Exhibit 81 - CCB65 and 69 (Under Seal), #38 Exhibit 82 - McCoy Dep. Ex. 47 (Under Seal), #39 Exhibit 83 - DISH189 (Under Seal), #40 Exhibit 84 - DISH190 (Under Seal), #41 Exhibit 85 - DISH264 (Under Seal), #42 Exhibit 86 - McCoy Dep. Ex. 33 (Under Seal), #43 Exhibit 87 - DISH4661 - AEO - (Under Seal), #44 Exhibit 88 - McCoy Dep. Ex. 34 (Under Seal), #45 Exhibit 89 - DISH285 (Under Seal))(Maley, John) Modified on 10/29/2021 (SWM). |
| Filing 83 Appendix of Exhibits in Support of Motion re #81 MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) (Appendix Volume 2 of 4 in Support of Motion for Summary Judgment - Publicly Filed Volume), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Exhibit 41 - DISH0012313, #2 Exhibit 42 - DISH0012332, #3 Exhibit 43 - DISH0012691, #4 Exhibit 47 - DISH0012680, #5 Exhibit 55 - CCB Response to Third Discovery, #6 Exhibit 56 - McCoy Dep. Ex. 14, #7 Exhibit 57 - McCoy Dep. Ex. 15, #8 Exhibit 58 - McCoy Dep. Ex. 16, #9 Exhibit 61 - DISH000043, #10 Exhibit 65 - DISH00044, #11 Exhibit 67 - DISH000114, #12 Exhibit 69 - DISH00121, #13 Exhibit 70 - DISH00130, #14 Exhibit 72 - SOS Certificate (Public), #15 Exhibit 73 - DISH0000152, #16 Exhibit 75 - McCoy Dep. Ex. 27, #17 Exhibit 79 - DISH0000169, #18 Exhibit 92 - DISH0000296, #19 Exhibit 93 - DISH0000298, #20 Exhibit 94 - DISH0000307, #21 Exhibit 95 - DISH000310, #22 Exhibit 99 - McCoy Dep. Ex. 42, #23 Exhibit 100 - DISH000365, #24 Exhibit 101 - DISH000368, #25 Exhibit 102 - DISH000371, #26 Exhibit 103 - McCoy Dep. Ex. 44, #27 Exhibit 104 - McCoy Dep. Ex. 45, #28 Exhibit 105 - DISH000379, #29 Exhibit 123 - DISH0011070, #30 Exhibit 126 - DISH00012956, #31 Exhibit 153 - DISH000917, #32 Exhibit 158 - DISH0012689, #33 Exhibit 159 - YouTube Video Flash Drive Placeholder (Will be Submitted Via Manual Filing), #34 Affidavit of Dylan Pittman)(Maley, John) |
| Filing 82 Appendix of Exhibits in Support of Motion re #81 MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) (Appendix Volume 1 of 4 in Support of Motion for Summary Judgment - Publicly Filed Volume), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Exhibit 1 - CCB First Discovery Responses, #2 Exhibit 4 - DISH00006483, #3 Exhibit 5 - DISH00006510, #4 Exhibit 6 - DISH00006479, #5 Exhibit 7 - DISH00006481, #6 Exhibit 8 - Boddie Dep. Excerpts REDACTED, #7 Exhibit 9 - Shea Dep. Excerpts, #8 Exhibit 11 - DISH00012331, #9 Exhibit 12 - DISH00012662, #10 Exhibit 19 - DISH00011581, #11 Exhibit 20 - DISH00011572, #12 Exhibit 21 - DISH00009087, #13 Exhibit 22 - DISH00009072, #14 Exhibit 23 - DISH0009099, #15 Exhibit 24 - DISH0009064, #16 Exhibit 26 - FCC Ownership Reports, #17 Exhibit 27 - FCC Ownership Reports, #18 Exhibit 28 - DISH00012335, #19 Exhibit 29 - DISH00012526, #20 Exhibit 30 - DISH00012285, #21 Exhibit 31 - DISH00006488, #22 Exhibit 32 - DISH00006498, #23 Exhibit 34 - DISH00006504, #24 Exhibit 25 - DISH00006485, #25 Exhibit 36 - DISH00006500, #26 Exhibit 37 - DISH00006490, #27 Exhibit 38 - DISH00006506, #28 Exhibit 39 - DISH00010570, #29 Exhibit 40 - DISH00012292)(Maley, John) |
| Filing 81 MOTION for Summary Judgment (Defendant's Motion for Summary Judgment), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
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Filing 80
ORDER - Defendant, by counsel, having filed its Unopposed Motion for One-Day Extension to Submit Summary Judgment Filings [ECF #79 ], and the Court having considered the Unopposed Motion, now GRANTS same. IT IS THEREFORE ORDERED that Defendant's deadline to submit its opening summary judgment filings is hereby extended by one business day and will now due be on Monday, September 13, 2021, with Plaintiff's response deadline to run from the date Defendant completes filing of its summary judgment materials. (See Order). Signed by Judge Tanya Walton Pratt on 9/10/2021. (AKH)
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| Filing 79 Unopposed MOTION for Extension of Time to 9/13/2021 (Unopposed Motion for One-Day Extension of Time to Submit Summary Judgment Filings to September 13, 2021), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
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Filing 78
ORDER GRANTING #77 JOINT MOTION FOR 3-DAY EXTENSION OF SUMMARY JUDGMENT DEADLINE AND PLAINTIFF'S EXPERT DISCLOSURE DEADLINE - This matter came before the Court on the parties' Joint Motion for 3-Day Extension of Summary Judgment Deadline and Plaintiff's Expert Disclosure Deadline. The Court, having reviewed the Joint Motion, and being duly advised, hereby GRANTS the stipulation. IT IS THEREFORE ORDERED that the summary judgment deadline of September 7, 2021, is hereby extended to and including September 10, 2021, and the Plaintiff's expert disclosure deadline of September 7, 2021 is hereby extended to and including September 10, 2021. Signed by Judge Tanya Walton Pratt on 9/3/2021. (AKH)
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| Filing 77 Joint MOTION for Extension of Time to September 10, 2021 (Joint Motion for 3-Day Extension of Summary Judgment Deadline and Plaintiff's Expert Disclosure Deadline), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
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Filing 76
ORDER - Parties appeared by counsel on August 12, 2021, for a telephonic status conference to address discovery issues. The Court, having heard from counsel, orders as follows. **SEE ORDER FOR DETAILS**. Signed by Magistrate Judge Tim A. Baker on 8/18/2021.(MGG)
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Filing 75
MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker regardingTelephonic Status Conference held on 8/12/2021. **SEE ORDER FOR DETAILS** Signed by Magistrate Judge Tim A. Baker. (MGG)
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| Filing 74 Statement of Defenses by DISH NETWORK, LLC. (Maley, John) |
| Filing 73 Statement of Claims by CIRCLE CITY BROADCASTING I, LLC. (McNeil, Andrew) |
| Filing 71 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Daniel A. Kirkpatrick hereby notifies the Clerk of the court of changed contact information. (Kirkpatrick, Daniel) |
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Filing 70
SCHEDULING ORDER: Status Conference set for 8/12/2021 03:30 PM in Telephonic before Magistrate Judge Tim A. Baker. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to address a discovery dispute. Counsel shall submit (not file) the discovery requests at issue as well as a brief statement of the dispute, which shall either be a joint statement not to exceed five pages or separate statements not to exceed three pages each, no later than 5 p.m. on August 10, 2021, by emailing it to MJBaker@insd.uscourts.gov. Signed by Magistrate Judge Tim A. Baker on 8/4/2021.(SWM)
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| Filing 69 Exhibit List (Defendant's Second Amended Preliminary Exhibit List), filed by Defendant DISH NETWORK, LLC, Witness List (Defendant's Second Amended Preliminary Witness List), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 68 MARGINAL ENTRY - #67 Stipulation of Facts and Stipulation of Dismissal of National Association of Black Owned Broadcasters. ACKNOWLEDGED. Signed by Judge Tanya Walton Pratt on 7/30/2021. (AKH) |
| Filing 67 STIPULATION of Facts and Stipulation of Dismissal of National Association of Black Owned Broadcasters, filed by Defendant DISH NETWORK, LLC. (Maley, John) Modified on 7/30/2021 (AKH). |
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Filing 66
ORDER GRANTING JOINT MOTION FOR LIMITED, 30-DAY EXTENSION OF LIABILITY DISCOVERY - This matter came before the Court on the parties' Joint Motion for Limited, 30-Day Extension of Liability Discovery [ECF 65]. The Joint Motion seeks to extend by 30 days two of the current Case Management Plan's [ECF 54] deadlines, for the purpose of allowing the Parties additional time to attempt resolution of two discovery disputes referenced in the Joint Motion. First, the Joint Motion seeks to change the "Non-expert witness discovery and liability discovery" deadline from July 7, 2021, to August 6, 2021. Second, the Joint Motion seeks to change the "FRCP 11(b) statement of claims or defenses" deadline from July 14, 2021, to August 13, 2021. The Joint Motion does not seek to amend any other deadlines set forth in the current Case Management Plan [ECF 54]. The Court, having reviewed the Joint Motion and being duly advised, hereby GRANTS the Joint Motion, and accordingly: (1) sets August 6, 2021, as the new deadline for "Non-expert witness discovery and liability discovery"; (2) sets August 13, 2021, as the new deadline for "FRCP 11(b) statement of claims or defenses"; and (3) leaves all other current case-management deadlines intact. Signed by Magistrate Judge Tim A. Baker on 7/8/2021. (JDC)
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| Filing 65 Joint MOTION for Extension of Time to 8/6/2021 and 8/13/2021 respectively (Joint Motion for 30-Day Extension of Liability Discovery Deadline to 8/6/2021 and FRCP 11(b) deadline to 8/13/2021), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
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Filing 64
MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Telephonic Status Conference held on 6/15/2021. **SEE ORDER** Signed by Magistrate Judge Tim A. Baker. (MGG)
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| Filing 62 Exhibit List (Defendant's First Amended Preliminary), filed by Defendant DISH NETWORK, LLC, Witness List (Defendant's First Amended Preliminary), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
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Filing 61
SCHEDULING ORDER: Status Conference set for 6/15/2021 03:00 PM (Eastern Time) in Telephonic before Magistrate Judge Tim A. Baker. Parties shall appear by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to address a discovery dispute. Counsel shall submit (not file) a statement of their position regarding the discovery dispute, which shall not exceed three pages by emailing it to MJBaker@insd.uscourts.gov. Signed by Magistrate Judge Tim A. Baker on 6/7/2021.(SWM)
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Filing 60
ORDER ON MAY 18, 2021, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel May 18, 2021, for a telephonic status conference. Discussion was held regarding discovery, settlement, and related matters. Given the parties' settlement positions, it does not appear that a court-supervised settlement conference would be productive at this time. The parties shall notify the court promptly if there is any material change in their settlement positions. Signed by Magistrate Judge Tim A. Baker. (MGG)
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Filing 58
ENTRY ON PLAINTIFFS' OBJECTION TO ORDER ON DISCOVERY DISPUTES - The Court SUSTAINS Circle City's Objection to the Magistrate Judge's Order on Discovery Disputes (Filing No. #43 ). The discovery sought must be produced within 30 days of the date of this Order (See Entry). Signed by Judge Tanya Walton Pratt on 4/29/2021. (TMC)
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| Filing 57 ANSWER to #19 Amended Complaint , filed by DISH NETWORK, LLC.(Maley, John) |
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Filing 56
SCHEDULING ORDER-TELEPHONIC Status Conference set for 5/18/2021 at 11:00 AM (Eastern) before Magistrate Judge Tim A. Baker. Parties shall appear by counsel. The informationneeded by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to address case status and settlement. Signed by Magistrate Judge Tim A. Baker on 4/6/2021.(CBU)
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Filing 55
ENTRY ON DEFENDANT'S #22 MOTION TO DISMISS. A motion to dismiss pursuant to Rule 12(b)(6) does not test whether the plaintiff will prevail on the merits but instead whether the claimant has properly stated a claim. The plausibility standard is not akin to a "probability requirement," but "it asks for more than a sheer possibility that a defendant has acted unlawfully." ] For the reasons stated above, the Court concludes that Plaintiffs have pled enough to make out a plausible Section 1981 claim to survive this pleadings challenge. It therefore DENIES DISH's Motion to Dismiss (Filing No. #22 ). Whether or not these claims can survive summary judgment is a matter for another day. (See Order.) Signed by Judge Tanya Walton Pratt on 3/31/2021. (NAD)
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Filing 54
ORDER - GRANTING #53 JOINT MOTION AND ESTABLISHING AMENDED MANAGEMENT DEADLINES. Dispositive Motions due by 9/5/2021, Discovery due by 7/7/2021, Final Pretrial Conference set for 4/27/2022 02:00 PM in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Jury Trial set for 5/23/2022 09:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. (See Order.) Signed by Judge Tanya Walton Pratt on 2/26/2021.(NAD)
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| Filing 53 Joint MOTION for Extension of Time to various case management and scheduling dates (Joint Motion for 90-Day Extension of Case Management and Scheduling Order Dates), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
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Filing 52
ORDER - granting #51 Motion to Withdraw Attorney Appearance. Attorney Vilda Samuel Laurin, III withdrawn. Signed by Judge Tanya Walton Pratt on 1/12/2021. (NAD)
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| Filing 51 MOTION to Withdraw Attorney Appearance , filed by Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (Attachments: #1 Text of Proposed Order Proposed Order Granting Withdrawal of Appearance)(Laurin, Vilda) |
| Filing 50 COURTROOM PROCEDURES AND TRIAL PRACTICES before Judge Tanya Walton Pratt. (NAD) |
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Filing 49
SCHEDULING ORDER - Having approved the Case Management Plan as amended, the Court hereby sets the final pretrial conference on February 2, 2022 at 2:00 p.m. in Room 330, and the jury trial to begin on February 28, 2022 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The final pretrial conference is for attorneys only. At the final pretrial conference, Counsel shall be prepared to discuss the status of the action, including all matters requiring completion prior to trial. Counsel shall review the Court's Courtroom Procedures and Trial Practice. Signed by Judge Tanya Walton Pratt on 12/21/2020.(NAD)
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Filing 48
ORDER - GRANTING #47 JOINT MOTION AND ESTABLISHING AMENDED MANAGEMENT DEADLINES. Dispositive Motions due by 6/7/2021, Discovery due by 4/8/2021. (See Order.) Signed by Judge Tanya Walton Pratt on 12/8/2020.(NAD)
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| Filing 47 Joint MOTION for Extension of Time to (90 days on future deadlines) in which to #25 Order: Case Management (Joint Motion for 90-Day Extension of Case Management Deadlines), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
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Filing 46
ORDER ON OCTOBER 15, 2020, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel October 15, 2020, for a telephonic status conference. Discussion was held regarding case status. Conference concluded without further order. Signed by Magistrate Judge Tim A. Baker. (MGG)
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| Filing 44 BRIEF/MEMORANDUM in Support (DISH Network's Response to Plaintiff's Rule 72(a) Objection), re #43 APPEAL OF MAGISTRATE JUDGE DECISION to District Court, filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 43 APPEAL OF MAGISTRATE JUDGE'S #41 DECISION TO DISTRICT COURT (OBJECTION Rule 72(a) Objection to Order on Discovery Disputes) by CIRCLE CITY BROADCASTING I, LLC. (Attachments: #1 Exhibit 1 - Defendant's Response to Plaintiffs' First Requests for Production)(McNeil, Andrew) Modified on 9/8/2020 - edited for administrative purposes(NAD). |
| Filing 42 NOTICE (Defendant's Response to Plaintiff's Notice of Supplemental Authority), filed by Defendant DISH NETWORK, LLC, re #39 Notice (Other). (Maley, John) Modified on 9/4/2020 - added link to #22 (NAD). |
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Filing 41
ORDER ON DISCOVERY DISPUTES - Parties appeared by counsel August 25, 2020, for a telephonic status conference to address several discovery disputes. **SEE ORDER FOR FURTHER DETAILS*8. Signed by Magistrate Judge Tim A. Baker on 9/2/2020.(MGG)
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| Filing 40 RESPONSE to Motion Plaintiffs' Response to Defendant's "Notice of Second Relevant Filing by Plaintiff Supporting #22 Motion to Dismiss", filed by Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (McNeil, Andrew) Modified on 9/2/2020 - added link to #22 (NAD). |
| Filing 39 NOTICE of Supplemental Authority, filed by Plaintiff CIRCLE CITY BROADCASTING I, LLC (Attachments: #1 Exhibit 1 - Charter Decision) (McNeil, Andrew) Modified on 9/4/2020 - Added link to #22 (NAD). |
| Filing 38 NOTICE of Second Relevant filing by Plaintiff Supporting #22 Motion to Dismiss, filed by Defendant DISH NETWORK, LLC, re #36 Notice (Other). (Attachments: #1 Exhibit 1 - Marion County state court defamation lawsuit) (Maley, John) Modified on 9/1/2020 - added link to #22 (NAD). |
| Filing 37 RESPONSE to Motion Plaintiffs' Response to Defendant's "Notice of Relevant Filing by Plaintiff Supporting #22 Motion to Dismiss", filed by Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (McNeil, Andrew) Modified on 8/27/2020 - added link to #22 (NAD). |
| Filing 36 NOTICE (Defendant's Notice of Relevant Filing by Plaintiff Supporting #22 Motion to Dismiss), filed by Defendant DISH NETWORK, LLC (Attachments: #1 Exhibit - Circle City v. ATT UVerse Complaint) (Maley, John) Modified on 8/26/2020 - added link to #22 (NAD). |
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Filing 34
SCHEDULING ORDER: Status Conference set for 8/25/2020 11:00 AM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall appear by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to address a discovery dispute. Signed by Magistrate Judge Tim A. Baker on 8/20/202.(SWM)
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| Filing 33 Exhibit List (Preliminary), filed by Defendant DISH NETWORK, LLC, Witness List (Preliminary), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
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Filing 32
STIPULATED PROTECTIVE ORDER #31 SO ORDERED. Signed by Magistrate Judge Tim A. Baker on 7/21/2020.(SWM)
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| Filing 31 Joint MOTION for Protective Order (Joint Motion for Entry of Stipulated Protective Order, with Court Guidance Requested on Several Issues), filed by Defendant DISH NETWORK, LLC. (Attachments: #1 Text of Proposed Order)(Maley, John) |
| Filing 30 Witness List (Preliminary), filed by Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS, Exhibit List (Preliminary), filed by Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (McNeil, Andrew) |
| Filing 29 NOTICE of Service of Initial Disclosures , filed by Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (McNeil, Andrew) |
| Filing 28 NOTICE of Supplemental Authority, filed by Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS (Attachments: #1 Exhibit 1 - Advisory Committee Statement) (McNeil, Andrew) |
| Filing 27 REPLY in Support of Motion re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Reply in Support of Defendant's Motion to Dismiss), filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 26 RESPONSE in Opposition re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (McNeil, Andrew) |
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Filing 25
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Initial Pretrial Conference held on 5/18/2020. Dispositive Motions due by 3/9/2021. Discovery due by 1/8/2021. Status Conference set for 10/15/2020 10:00 AM in Telephonic before Magistrate Judge Tim A. Baker. Defendant's request to stay discovery pending a ruling on its motion to dismiss is overruled. Signed by Magistrate Judge Tim A. Baker on 5/21/2020.(SWM)
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| Filing 24 Submission of Proposed Order , re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 23 BRIEF/MEMORANDUM in Support re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 21 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS . (McNeil, Andrew) |
| Filing 19 AMENDED COMPLAINT and Demand for Jury Trial against DISH NETWORK, LLC, filed by CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (Attachments: #1 Exhibit A - 10.17.19 Letter, #2 Exhibit B - 10.30.19 Letter, #3 Exhibit C - Complaint and Notice of Settlement)(McNeil, Andrew) |
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Filing 18
ORDER granting Plaintiffs' #16 Motion for Leave to File Amended Complaint. The plaintiffs, Circle City Broadcasting I, LLC and National Association of Black Owned Broadcasters, are hereby granted leave to file their Amended Complaint and Demand for Jury Trial and shall be filed with exhibits attached as separate documents within 7 days as of the date of this Order. Defendant is granted until 21 days after the proper filing of this Amended Complaint in which to file its response. Signed by Magistrate Judge Tim A. Baker on 5/7/2020. (SWM)
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Filing 17
ORDER granting #15 Motion to Appear pro hac vice. Attorney Daniel A. Kirkpatrick for CIRCLE CITY BROADCASTING I, LLC and NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS added. Counsel shall register for electronic filing, as required by Local Rule 5-2(a), within 7 days. Copy to Daniel A. Kirkpatrick via US Mail. Signed by Magistrate Judge Tim A. Baker on 5/4/2020. (SWM)
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| Filing 16 Unopposed MOTION for Leave to File Amended Complaint, filed by Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (Attachments: #1 Exhibit 1 - Amended Complaint and Demand for Jury Trial, #2 Text of Proposed Order)(McNeil, Andrew) |
| Filing 15 MOTION for Attorney(s) Daniel A. Kirkpatrick to Appear pro hac vice (Filing fee $100, receipt number 0756-5975348), filed by Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (Attachments: #1 Exhibit A - Certification of Daniel A. Kirkpatrick, #2 Text of Proposed Order)(McNeil, Andrew) |
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Filing 14
SCHEDULING ORDER: Initial Pretrial Conference set for 5/18/2020 10:30 AM (Eastern Time) in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The parties themselves may participate at their option. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order for additional details. Signed by Magistrate Judge Tim A. Baker on 4/24/2020.(SWM)
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| Filing 13 Corporate Disclosure Statement by DISH NETWORK, LLC identifying Corporate Parent DISH DBS CORPORATION, Corporate Parent DISH NETWORK CORPORATION, Corporate Parent DISH Orbital Corporation, Other Affiliate DISH NETWORK L.L.C. for DISH NETWORK, LLC.. (Maley, John) |
| Filing 12 NOTICE of Parties' First Extension of Time, filed by Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 11 NOTICE of Appearance by Dylan Pittman on behalf of Defendant DISH NETWORK, LLC. (Pittman, Dylan) |
| Filing 10 NOTICE of Appearance by John R. Maley on behalf of Defendant DISH NETWORK, LLC. (Maley, John) |
| Filing 9 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 8 Summons Issued as to DISH NETWORK, LLC. (AKH) |
| Filing 7 Corporate Disclosure Statement by CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (Laurin, Vilda) |
| Filing 6 Proposed Summons submitted for issuance by the clerk as to DISH NETWORK, LLC. (Laurin, Vilda) |
| Filing 5 CIVIL COVER SHEET , filed by Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (Laurin, Vilda) |
| Filing 4 COMPLAINT and Demand for Jury Trial against All Plaintiffs, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-5896759) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Laurin, Vilda) |
| Filing 3 NOTICE of Appearance by Gregory Forrest Hahn on behalf of Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (Hahn, Gregory) |
| Filing 2 NOTICE of Appearance by Andrew M. McNeil on behalf of Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (McNeil, Andrew) |
| Filing 1 NOTICE of Appearance by Vilda Samuel Laurin, III on behalf of Plaintiffs CIRCLE CITY BROADCASTING I, LLC, NATIONAL ASSOCIATION OF BLACK OWNED BROADCASTERS. (Laurin, Vilda) |
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