Dish Network L.L.C. v. ABC, Inc. et al Featured Case
Plaintiff: Dish Network L.L.C.
Defendant: American Broadcasting Companies, Inc., CBS Corporation, NBC Universal Media, L.L.C., ABC, Inc. and Disney Enterprises, Inc.
Counter_claimant: ABC, Inc., Disney Enterprises, Inc. and American Broadcasting Companies, Inc.
Counter_defendant: DISH Network Corporation and Dish Network L.L.C.
Case Number: 1:2012cv04155
Filed: May 24, 2012
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Kevin Nathaniel Fox
Presiding Judge: Laura Taylor Swain
Nature of Suit: Copyrights
Cause of Action: 17:101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 11, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2014 Terminate Transcript Deadlines (ajs)
December 10, 2014 Opinion or Order Filing 345 STIPULATION OF DISMISSAL WITH PREJUDICE: 1. CBS Corporation, CBS Broadcasting Inc., CBS Studios Inc., and Survivor Productions, LLC ("the CBS Parties") and DISH Network L.L.C., DISH Network Corporation and EchoStar Technologies L.L.C. ("the DISH Parties") hereby stipulate to the dismissal with prejudice of all claims and counterclaims asserted in Dish Network LLC v. ABC, Inc. et al., Case No 12 Civ. 4155 (LTS)(KNF) and CBS Broadcasting Inc. et al. v. Dish Network Corporation et al., Case No. 12 Civ. 6812 (LTS)(KNF) by the CBS Parties against the DISH Parties. 2. DISH Network L.L.C. and CBS Corporation hereby stipulate to the dismissal with prejudice of all claims asserted in Dish Network LLC v. ABC, Inc. et al., Case No 12 Civ. 4155 (LTS)(KNF) by DISH Network L.L.C. against CBS Corporation. 3. The CBS Parties and the DISH Parties will bear their own expenses and costs in both actions, including attorneys' fees. The Clerk of Court is requested to close the above-captioned matter and all member cases. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/10/2014) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(ajs)
November 21, 2014 Opinion or Order Filing 344 ORDER. Upon an in camera review, the Court finds that CBS redacted properly irrelevant parts of the negotiation documents it produced to DISH. Therefore, no need exists for CBS to unredact the documents. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/20/2014) (rjm)
November 14, 2014 Filing 343 SEALED DOCUMENT placed in vault.(nm)
November 10, 2014 Opinion or Order Filing 342 ORDER. On or before November 12, 2014, CBS is directed to submit to theCourt the unredacted and redacted versions of the documents at issue in paper format. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/10/2014) (rjm)
November 7, 2014 Filing 341 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Joshua I. Schiller dated 11/5/2014 re: I write on behalf of Defendant/Counterclaim-Plaintiffs CBS Corporation, CBS Broadcasting Inc., CBS Studios Inc., and Survivor Productions, LLC (collectively, "CBS"). Enclosed please find CBS's Objections to Magistrate Judge Fox's September 24, 2014, October 27, 2014, and November 5, 2014 Orders Pursuant to Federal Rule of Procedure 72(a) and Request for a Stay of Those Orders. ENDORSEMENT: The request for a stay of Judge Fox's orders pending adjudication of CBS' Objections is denied. Any commercial sensitivity concerns can be addressed by use of the Mechanisms established in the existing confidentiality order. CBS has failed to demonstrate that a stay is warranted. (Signed by Judge Laura Taylor Swain on 11/17/2014) (djc)
November 7, 2014 Filing 340 SEALED DOCUMENT placed in vault.(mps)
November 7, 2014 Filing 339 CERTIFICATE OF SERVICE of Opposition to Request for Stay and supporting Declaration served on CBS Corporation on 11/7/2014. Document filed by Dish Network L.L.C., Echostar Technologies L.L.C.. (Echtman, Elyse)
November 7, 2014 Filing 338 REDACTION of Declaration of Elyse Echtman in support of Dish's Opposition to CBS's Request for a Stay by Dish Network L.L.C., EchoStar Technologies, L.L.C. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Echtman, Elyse)
November 7, 2014 Filing 337 REDACTION of Dish's Opposition to CBS's Request for a Stay of Magistrate Judge Fox's September 24, October 27, and November 5, 2014 Orders by EchoStar Technologies, L.L.C.(Echtman, Elyse)
November 6, 2014 Opinion or Order Filing 336 ORDER: Defendants/Counterclaim-Plaintiffs CBS Corporation, CBS Broadcasting Inc., CBS Studios Inc., and Survivor Productions, LLC (collectively, "CBS") have requested that this Court stay the November 10, 2014, deadline for production of certain discovery set forth in Magistrate Judge Kevin N. Fox's November 5, 2014, order, pending this Court's resolution of CBS' objections to Judge Fox's three pertinent decisions dated September 24, 2014 (Docket Entry Nos. 309 , 310 and 311 ). The Court directs that, by Friday, November 7, 2014, at 12:00 p.m., Plaintiff/Counterclaim-Defendant DISH Network L.L.C. and Counterclaim-Defendant Technologies LLC (collectively, "DISH") shall file any opposition that it wishes to proffer in response to CBS' request for a stay, providing a courtesy copy to chambers. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/6/2014) (ajs)
November 6, 2014 Filing 335 SEALED DOCUMENT placed in vault.(mps)
November 5, 2014 Opinion or Order Filing 334 ORDER. It is ORDERED that, on or before November 10, 2014: DISH Network L.L.C. and EchoStar Technologies LLC ("DISH") must produce to CBS material responsive to: (1) document request Nos. 15, 16, 17 and 18, in CBS Corporation's Fourth Set of Requests for the Production of Documents, and document request Nos. 1 and 2, in CBS Parties' Fifth Set of Requests for the Production of Documents; and (2) document request No. 5, in ABC's Fifth Request for Production of Documents, document request Nos. 2 and 4, in ABC's Sixth Request for Production of Documents, and document request Nos. 2 and 3, in CBS's Sixth Set of Requests for the Production of Documents. CBS must produce to DISH unredacted responses to DISH's document demands Nos. 1, 2, 3, 4, and 5 in DISH's Fourth Request for Production. CBS must submit to the Court, for an in camera review, the unredacted retransmission agreement and related documents that it produced to DISH. CBS must provide responses as described in Docket Entry No. 311. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/5/2014) (rjm)
November 4, 2014 Opinion or Order Filing 333 MEMORANDUM AND ORDER. For the foregoing reasons, DISH's motion to compel, Docket Entry No. 256, is granted. It is ORDERED that: (A) on or before September 29, 2014, CBS must submit to the Court, for an in camera review, unredacted documents it produced to DISH; and (B) on or before October 1, 2014, CBS must provide responses as described above. Granting 256 Motion to Compel. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/3/2014) (rjm)
November 4, 2014 Opinion or Order Filing 332 MEMORANDUM AND ORDER. For the foregoing reasons, DISH's motion to compel, Docket Entry No. 253, is granted. On or before September 29, 2014, CBS must produce to DISH unredacted responses to DISH's Fourth Request for Production, Document Nos. 1, 2, 3, 4 and 5. Granting 253 Motion to Compel. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/3/2014) (rjm)
November 4, 2014 Opinion or Order Filing 331 MEMORANDUM AND ORDER. For the foregoing reasons, CBS's motion to compel, Docket Entry No. 250, is granted, in part, and denied, in part. On or before October 1, 2014, DISH must produce to CBS the following documents in response to: (1) document request Nos. 15, 16, 17 and 18, in CBS Corporation's Fourth Set of Requests for the Production of Documents, and document request Nos. 1 and 2, in CBS Parties' Fifth Set of Requests for the Production of Documents; and (2) document request No. 5, in ABC's Fifth Request for Production of Documents, document request Nos. 2 and 4, in ABC's Sixth Request for Production of Documents, and document request Nos. 2 and 3, in CB S's Sixth Set of Requests for the Production of Documents. Granting in part and denying in part 250 Motion to Compel. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/3/2014) (rjm).
November 4, 2014 Filing 330 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Elyse D. Echtman, Timothy R. Jezek, Joshua I. Schiller, Lawrence R. Katzin, Anthony Bongiorno dated 8/18/2014 re: In re AutoHop Litigation, Master File No. 12 Civ, 4155 (LTS)(KNF). This Document Relates To: All Actions. Re: Joint Letter Application to Extend Deadline for Expert Discovery and Modify Other Pre-Trial Deadlines. ENDORSEMENT: Docket and File. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/4/2014) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(rjm)
October 27, 2014 Opinion or Order Filing 329 ORDER. CBS's motion for reconsideration of the Court's September 24, 2014 orders, Docket Entry No. 312, is denied. Denying 312 Motion for Reconsideration. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/24/2014) (rjm)
October 24, 2014 Opinion or Order Filing 328 ORDER denying (322) Motion to Unseal Document in case 1:12-cv-04155-LTS-KNF. The unauthorized submission of two memoranda, one of which appears to have been filed under seal needlessly and without justification, imposes an unnecessary burden on the Court and the parties, see Fed. R. Civ. P. 1, and is indicative of a lack of diligence by the filing party. The parties are urged to act diligently and to use their best efforts timely, in the future, when ascertaining whether documents should be filed under seal as contemplated by their protective order. DISH's motion to unseal, Docket Entry No. 322, is denied. SO ORDERED.(Signed by Magistrate Judge Kevin Nathaniel Fox on 10/24/2014) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS (ama)
October 21, 2014 Filing 327 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Interim Pretrial Conference proceeding held on 09/11/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(ca)
October 21, 2014 Filing 326 TRANSCRIPT of Proceedings re: Interim Pretrial Conference held on 9/11/2014 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2014. Redacted Transcript Deadline set for 11/24/2014. Release of Transcript Restriction set for 1/22/2015.(ca)
October 20, 2014 Opinion or Order Filing 325 ORDER granting (318) Motion to Withdraw as Attorney. Attorney James M. McDonald terminated in case 1:12-cv-04155-LTS-KNF (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS (Fox, Kevin Nathaniel)
October 17, 2014 Filing 324 REDACTION (DISH's Memorandum of Law in Opposition to CBS's Motion for Reconsideration and Stay of this Court's September 24, 2014 Orders (Docket Numbers 309 and 311), file October 3, 2014) by Dish Network L.L.C., EchoStar Technologies, L.L.C.(Echtman, Elyse)
October 17, 2014 Filing 323 DECLARATION of Michael H. Page in Support re: 322 MOTION to Unseal Document (Dish Network LLC's Memorandum of Law in Opposition to CBS's Motion for Reconsideration and Stay of This Court's September 24, 2014 Order (Docket Number 310), filed October 3, 2014).. Document filed by Dish Network L.L.C.. (Page, Michael)
October 17, 2014 Filing 322 MOTION to Unseal Document (Dish Network LLC's Memorandum of Law in Opposition to CBS's Motion for Reconsideration and Stay of This Court's September 24, 2014 Order (Docket Number 310), filed October 3, 2014). Document filed by Dish Network L.L.C.. (Attachments: # 1 Text of Proposed Order)(Page, Michael)
October 8, 2014 Filing 321 MEMORANDUM OF LAW in Support re: 312 MOTION for Reconsideration re; 309 Sealed Document, 310 Sealed Document, 311 Sealed Document . . Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, CBS Studios Inc., Survivor Productions LLC. (Schiller, Joshua)
October 8, 2014 Filing 320 SEALED DOCUMENT placed in vault.(rz)
October 6, 2014 Filing 319 DECLARATION of James M. McDonald in Support re: 318 MOTION for James M. McDonald to Withdraw as Attorney .. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Attachments: # 1 Certificate of Service)(Pudlin, Julia)
October 6, 2014 Filing 318 MOTION for James M. McDonald to Withdraw as Attorney . Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Attachments: # 1 Certificate of Service)(Pudlin, Julia)
October 6, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney James M. McDonald to RE-FILE Document 317 MOTION for James M. McDonald to Withdraw as Attorney . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
October 3, 2014 Filing 317 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for James M. McDonald to Withdraw as Attorney . Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc., Disney Enterprises, Inc..(McDonald, James) Modified on 10/6/2014 (db).
October 3, 2014 Filing 316 SEALED DOCUMENT placed in vault.(mps)
October 3, 2014 Filing 315 SEALED DOCUMENT placed in vault.(mps)
September 29, 2014 Opinion or Order Filing 314 ORDER. CBS Corporation, CBS Broadcasting Inc., CBS Studios Inc., and Survivor Productions, LLC made a motion for reconsideration of the Court's September 24, 2014 memoranda and orders, seeking their stay pending the motion or additional time to comply. The Court's September 24, 2014 memoranda and orders (Docket Entry Nos. 309, 310 and 311) are stayed pending the resolution of the instant motion, when the Court will fix new dates, if necessary, for the remaining discovery disclosures. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/29/2014) (rjm)
September 29, 2014 Filing 313 SEALED DOCUMENT placed in vault.(rz)
September 26, 2014 Filing 312 MOTION for Reconsideration re; 309 Sealed Document, 310 Sealed Document, 311 Sealed Document . Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, CBS Studios Inc., Survivor Productions LLC.(Schiller, Joshua)
September 25, 2014 Filing 311 SEALED DOCUMENT placed in vault.(rz)
September 25, 2014 Filing 310 SEALED DOCUMENT placed in vault.(rz)
September 25, 2014 Filing 309 SEALED DOCUMENT placed in vault.(rz)
September 24, 2014 ***DELETED DOCUMENT. Deleted document number 311 MEMORANDUM AND ORDER. The document was incorrectly filed in this case. (kgo)
September 24, 2014 ***DELETED DOCUMENT. Deleted document number 310 MEMORANDUM AND ORDER. The document was incorrectly filed in this case. (kgo)
September 24, 2014 ***DELETED DOCUMENT. Deleted document number 309 MEMORANDUM AND ORDER. The document was incorrectly filed in this case. (kgo)
September 24, 2014 Opinion or Order Filing 308 MEMORANDUM AND ORDER. On or before September 29, 2014, the parties shall submit a joint request for redaction of any portion of the Court's determinations of the above referenced motions, if warranted, specifying the legal basis for each requested redaction, and as further set forth. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/24/2014) (rjm).
September 24, 2014 Opinion or Order Filing 307 ORDER. By a letter, dated September 18, 2014, the parties requested: (1) an extension of time to complete certain pre-trial activities; and (2) "that, due to [the] confidential nature of the contract negotiations discussed herein, the Court assign this letter confidential treatment." The Court finds that good cause exists to extend the time to complete certain pre-trial activities as follows: Rebuttal expert disclosure and reports must be completed by November 21, 2014. All expert witness discovery must be completed by December 5, 2014. Any Daubert motion must be served and filed on or before January 5, 2015. Any in limine motion must be served and filed on or before January 20, 2015. The joint final trial report must be filed on or before April 30, 2015. On or before September 29, 2014, the parties shall submit to the Court a joint request for redaction of the September 18, 2014 letter, indicating specifically what portion(s) they seek to have redacted and the legal basis for the redaction(s). (Expert Discovery due by 12/5/2014. Motions due by 1/20/2015.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/24/2014) (rjm)
September 11, 2014 Minute Entry for proceedings held before Judge Laura Taylor Swain: Interim Pretrial Conference held on 9/11/2014. PTC held. The summary judgment motion deadline is adj to 2/27/2015. FPTC is scheduled for 4/17/2015 is rescheduled to 5/29/2015 at 12:00pm. Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(lan)
September 9, 2014 Filing 306 NOTICE OF APPEARANCE by Benjamin Margulis on behalf of CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, CBS Studios Inc., Survivor Productions LLC. (Margulis, Benjamin)
September 3, 2014 Opinion or Order Filing 305 MEMO ENDORSEMENT on re: 302 Letter, filed by Survivor Productions LLC, CBS Studios Inc., Echostar Technologies L.L.C., Dish Network L.L.C., CBS Broadcasting Inc., CBS Corporation. ENDORSEMENT: A conference will be held in this matter on September 11, 2014, at 3:00 PM in Courtroom 12D. SO ORDERED. (Status Conference set for 9/11/2014 at 03:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 9/2/2014) (ajs)
September 2, 2014 Opinion or Order Filing 304 ORDER. By a joint letter, dated August 28, 2014, the parties seek leave to extend expert discovery deadlines and modify other pre-trial schedule deadlines. The parties failed to show good cause to modify the schedule governing their pretrial activities, as required by Rule 16(b)(4) of the Federal Rules of Civil Procedure. Therefore, as further specified in this Order, the parties' request is denied. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/2/2014) (rjm)
August 19, 2014 Filing 303 JOINT PRELIMINARY TRIAL REPORT. Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc., Dish Network L.L.C., Echostar Technologies L.L.C., Survivor Productions LLC.(Echtman, Elyse)
August 19, 2014 Filing 302 LETTER addressed to Judge Laura Taylor Swain from Elyse D. Echtman and Joshua I. Schiller dated August 19, 2014 re: request to schedule Case Management Conference. Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc., Dish Network L.L.C., Echostar Technologies L.L.C., Survivor Productions LLC.(Echtman, Elyse)
August 7, 2014 Opinion or Order Filing 301 ORDER granting (298) Motion to Withdraw as Attorney. Attorney Hamish P.M. Hume terminated in case 1:12-cv-04155-LTS-KNF (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS (Fox, Kevin Nathaniel)
August 7, 2014 Opinion or Order Filing 300 ORDER granting (296) Motion to Withdraw as Attorney. Attorney David Zifkin terminated in case 1:12-cv-04155-LTS-KNF (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS (Fox, Kevin Nathaniel)
August 6, 2014 Filing 299 DECLARATION of David Zifkin in Support re: 298 MOTION for David Zifkin to Withdraw as Attorney .. Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, CBS Studios Inc., Survivor Productions LLC. (Schiller, Joshua)
August 6, 2014 Filing 298 MOTION for David Zifkin to Withdraw as Attorney . Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, CBS Studios Inc., Survivor Productions LLC.(Schiller, Joshua)
August 6, 2014 Filing 297 DECLARATION of Hamish P.M. Hume in Support re: 296 MOTION for Hamish P.M. Hume to Withdraw as Attorney .. Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, CBS Studios Inc., Survivor Productions LLC. (Schiller, Joshua)
August 6, 2014 Filing 296 MOTION for Hamish P.M. Hume to Withdraw as Attorney . Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, CBS Studios Inc., Survivor Productions LLC.(Schiller, Joshua)
August 5, 2014 Opinion or Order Filing 295 MEMORANDUM AND ORDER: Accordingly, since Netflix failed to show any authority for its request "to intervene in this matter to oppose [DISH's] motion to compel [CBS to produce] unredacted copies of Netflix's license agreements,"granting its request is not warranted. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/05/2014) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(ama)
August 4, 2014 Opinion or Order Filing 294 ORDER: By a letter, dated July 29, 2014, DISH Network L.L.C. ("DISH") made a motion, pursuant to Rule 37(a)(3)(B) of the Federal Rules of Civil Procedure, to compel CBS Corporation, CBS Broadcasting Inc., CBS Studios Inc., and Survivor Productions, LLC (collectively ("CBS") to produce certain license agreements and limit their redaction. CBS opposed the motion by a letter, dated August 1, 2014, contending that its production is complete. On or before August 5, 2014, DISH may submit its reply, not exceeding two single-spaced pages including any exhibit. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/4/2014) (tro)
August 1, 2014 Filing 293 SEALED MATERIALS RETRIEVED: Per order of this Court, signed by Kevin Nathaniel Fox, U.S.M.J. on 7/31/14, concerning materials filed under seal, it is indicated that sealed envelope #268 be returned to the parties. (nm)
July 31, 2014 ***STRICKEN DOCUMENT. Deleted document number 268 from the case record. The document was stricken from this case pursuant to 292 Order Striking Document from Record,. Sealed Record clerk will notify counsel of record on 7/31/2014 to pick up documents. (ama)
July 31, 2014 Transmission to Sealed Records Clerk. Transmitted re: 292 Order Striking Document from Record to the Sealed Records Clerk for the sealing or unsealing of document or case. (ama)
July 31, 2014 Opinion or Order Filing 292 ORDER: Accordingly, the July 11, 2014 and July 15, 2014 requests by DISH are denied. The Clerk of Court is directed to strike from the record DISH' s unauthorized amended opposition papers filed under seal, Docket Entry No. 268. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/31/2014) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(ama)
July 29, 2014 Filing 291 SEALED DOCUMENT placed in vault.(rz)
July 15, 2014 Filing 290 DECLARATION of Joshua I. Schiller in Support re: 250 MOTION to Compel Plaintiff to Production of Documents.. Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, Survivor Productions LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 through 6, # 4 Exhibit 7, # 5 Exhibit 8, # 6 Exhibit 9, # 7 Exhibit 10, # 8 Exhibit 11, # 9 Exhibit 12, # 10 Exhibit 13, # 11 Exhibit 14, # 12 Exhibit 15, # 13 Exhibit 16 through 21, # 14 Exhibit 22)(Schiller, Joshua)
July 15, 2014 Filing 289 DECLARATION of Gary R. Studen in Support re: 250 MOTION to Compel Plaintiff to Production of Documents.. Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, Survivor Productions LLC. (Schiller, Joshua)
July 15, 2014 Filing 288 REPLY MEMORANDUM OF LAW in Support re: 250 MOTION to Compel Plaintiff to Production of Documents. . Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, Survivor Productions LLC. (Schiller, Joshua)
July 14, 2014 Filing 287 CERTIFICATE OF SERVICE of Reply Memorandum and Declaration of Michael Page served on Hamish P.M. Hume Esq., Josh Schiller Esq., Gary Studen Esq. & Kieran Gostin Esq. on July 9, 2014. Document filed by Dish Network L.L.C.. (Page, Michael)
July 14, 2014 Filing 286 DECLARATION of Michael H. Page (Supplemental) in Support re: 253 MOTION to Compel CBS Parties to Produce Documents Reponsive to Dish's Fourth Request for Production to CBS Parties.. Document filed by Dish Network L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Page, Michael)
July 14, 2014 Filing 285 REPLY MEMORANDUM OF LAW in Support re: 253 MOTION to Compel CBS Parties to Produce Documents Reponsive to Dish's Fourth Request for Production to CBS Parties. . Document filed by Dish Network L.L.C.. (Page, Michael)
July 14, 2014 Filing 284 CERTIFICATE OF SERVICE of Reply Memorandum and Declaration of Ayanna Lewis-Gruss served on Hamish P.M. Hume Esq., Josh Schiller Esq., Gary Studen Esq. & Kieran Gostin Esq. on July 9, 2014. Document filed by Dish Network L.L.C.. (Echtman, Elyse)
July 14, 2014 Filing 283 CERTIFICATE OF SERVICE of Memorandum of Law & Declarations of Keith Gerhard, Annette L. Hurst, Eric Moore, David Shull and Cathy Hetzel served on Hamish P.M. Hume Esq., Josh Schiller Esq., Gary Studen Esq. & Kieran Gostin Esq. on May 2, 2014. Document filed by DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Echtman, Elyse)
July 14, 2014 Filing 282 CERTIFICATE OF SERVICE of Amended Memorandum of Law, Supplemental Declaration and Other Information served on Hamish P.M. Hume Esq., Josh Schiller Esq., Gary Studen Esq. & Kieran Gostin Esq. on July 3, 2014. Document filed by DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Echtman, Elyse)
July 14, 2014 Filing 281 DECLARATION of Ayanna Lewis-Gruss in Support re: 256 MOTION to Compel CBS parties to produce documents, answer interrogatory, designate custodian, and remove redactions.. Document filed by Dish Network L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Echtman, Elyse)
July 14, 2014 Filing 280 REPLY MEMORANDUM OF LAW in Support re: 256 MOTION to Compel CBS parties to produce documents, answer interrogatory, designate custodian, and remove redactions. . Document filed by Dish Network L.L.C.. (Echtman, Elyse)
July 14, 2014 Filing 279 DECLARATION of Annette L. Hurst (Supplemental) in Opposition re: 250 MOTION to Compel Plaintiff to Production of Documents.. Document filed by DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Echtman, Elyse)
July 14, 2014 Filing 278 AMENDED MEMORANDUM OF LAW in Opposition re: 250 MOTION to Compel Plaintiff to Production of Documents. . Document filed by DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Echtman, Elyse)
July 14, 2014 Filing 277 DECLARATION of David Shull in Opposition re: 250 MOTION to Compel Plaintiff to Production of Documents.. Document filed by DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Echtman, Elyse)
July 14, 2014 Filing 276 DECLARATION of Cathy Hetzel in Opposition re: 250 MOTION to Compel Plaintiff to Production of Documents.. Document filed by DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Echtman, Elyse)
July 14, 2014 Filing 275 DECLARATION of Eric Moore in Opposition re: 250 MOTION to Compel Plaintiff to Production of Documents.. Document filed by DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Echtman, Elyse)
July 14, 2014 Filing 274 DECLARATION of Annette L. Hurst in Opposition re: 250 MOTION to Compel Plaintiff to Production of Documents.. Document filed by DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Echtman, Elyse)
July 14, 2014 Filing 273 DECLARATION of Keith Gerhards in Opposition re: 250 MOTION to Compel Plaintiff to Production of Documents.. Document filed by DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Echtman, Elyse)
July 14, 2014 Filing 272 DECLARATION of Elyse D. Echtman in Opposition re: 250 MOTION to Compel Plaintiff to Production of Documents.. Document filed by DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Echtman, Elyse)
July 14, 2014 Filing 271 MEMORANDUM OF LAW in Opposition re: 250 MOTION to Compel Plaintiff to Production of Documents. . Document filed by DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Echtman, Elyse)
July 14, 2014 Filing 270 SEALED DOCUMENT placed in vault.(nm)
July 10, 2014 Opinion or Order Filing 269 MEMORADUM AND ORDER: It is ORDERED that, on or before July 14, 2014, DISH file electronically its opposition papers that it served on the CBS defendants on May 2, 2014. The time for serving and filing the parties replies having expired, the parties' motions to compel mentioned above are deemed to be fully briefed upon DISH's filing of its opposition papers served on the CBS defendants on May 2, 2014. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/10/2014) (kgo)
July 9, 2014 Filing 268 SEALED DOCUMENT placed in vault.(rz)
July 9, 2014 Filing 267 SEALED DOCUMENT placed in vault.(rz)
July 9, 2014 Filing 266 SEALED DOCUMENT placed in vault.(rz)
July 9, 2014 Filing 265 SEALED DOCUMENT placed in vault.(mps)
June 25, 2014 Opinion or Order Filing 264 ORDER: It is ORDERED that, on or before July 9, 2014, the parties' replies to the motions to compel shall be served and filed. No further extension of time concerning the parties' motions to compel will be granted absent a showing of good cause. SO ORDERED.( Replies due by 7/9/2014.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/25/2014) (ama)
June 17, 2014 Filing 263 SEALED DOCUMENT placed in vault.(mps)
June 16, 2014 Filing 262 AFFIRMATION of Joshua I. Schiller in Opposition re: 256 MOTION to Compel CBS parties to produce documents, answer interrogatory, designate custodian, and remove redactions., 253 MOTION to Compel CBS Parties to Produce Documents Reponsive to Dish's Fourth Request for Production to CBS Parties.. Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, CBS Studios Inc., Survivor Productions LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6-28, # 7 Exhibit 29, # 8 Exhibit 30)(Schiller, Joshua)
June 16, 2014 Filing 261 MEMORANDUM OF LAW in Opposition re: 253 MOTION to Compel CBS Parties to Produce Documents Reponsive to Dish's Fourth Request for Production to CBS Parties., 256 MOTION to Compel CBS parties to produce documents, answer interrogatory, designate custodian, and remove redactions. . Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, CBS Studios Inc., Survivor Productions LLC. (Schiller, Joshua)
May 12, 2014 Filing 260 NOTICE OF APPEARANCE by Gary R. Studen on behalf of CBS Broadcasting Inc, CBS Studios Inc, Survivor Productions LLC, CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc.. Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(Studen, Gary)
April 28, 2014 Opinion or Order Filing 259 STIPULATION AND ORDER EXTENDING TIME: NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, and the Court hereby orders, as follows: Opposition briefs shall be served on or before May 2, 2014; and The parties anticipate the need for a reasonable extension of time for serving reply briefs, and shall agree on a deadline for serving reply briefs after opposition briefs are served, and advise the Court of that deadline. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/25/2014) (ama)
April 21, 2014 Filing 258 MEMORANDUM OF LAW in Support re: 256 MOTION to Compel CBS parties to produce documents, answer interrogatory, designate custodian, and remove redactions.. Document filed by Dish Network L.L.C.. (Echtman, Elyse)
April 21, 2014 Filing 257 DECLARATION of Elyse D. Echtman in Support re: 256 MOTION to Compel CBS parties to produce documents, answer interrogatory, designate custodian, and remove redactions.. Document filed by Dish Network L.L.C.. (Attachments: # 1 Exhibit 1 through 5, # 2 Exhibit 6 through 12, # 3 Exhibit 13 through 29)(Echtman, Elyse)
April 21, 2014 Filing 256 MOTION to Compel CBS parties to produce documents, answer interrogatory, designate custodian, and remove redactions. Document filed by Dish Network L.L.C..(Echtman, Elyse)
April 21, 2014 Filing 255 DECLARATION of Michael H. Page in Support re: 253 MOTION to Compel CBS Parties to Produce Documents Reponsive to Dish's Fourth Request for Production to CBS Parties.. Document filed by Dish Network L.L.C.. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4, # 3 Exhibit 5-9)(Page, Michael)
April 21, 2014 Filing 254 MEMORANDUM OF LAW in Support re: 253 MOTION to Compel CBS Parties to Produce Documents Reponsive to Dish's Fourth Request for Production to CBS Parties. PUBLIC REDACTED VERSION. Document filed by Dish Network L.L.C.. (Page, Michael)
April 21, 2014 Filing 253 MOTION to Compel CBS Parties to Produce Documents Reponsive to Dish's Fourth Request for Production to CBS Parties. Document filed by Dish Network L.L.C..(Page, Michael)
April 21, 2014 Filing 252 MEMORANDUM OF LAW in Support re: (250 in 1:12-cv-04155-LTS-KNF, 78 in 1:12-cv-06812-LTS) MOTION to Compel Plaintiff to Production of Documents.. Document filed by CBS Broadcasting Inc, CBS Studios Inc, Survivor Productions LLC. Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(Schiller, Joshua)
April 21, 2014 Filing 251 AFFIDAVIT of Joshua I. Schiller in Support re: (250 in 1:12-cv-04155-LTS-KNF, 78 in 1:12-cv-06812-LTS) MOTION to Compel Plaintiff to Production of Documents.. Document filed by CBS Broadcasting Inc, CBS Studios Inc, Survivor Productions LLC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13)Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(Schiller, Joshua)
April 21, 2014 Filing 250 MOTION to Compel Plaintiff to Production of Documents. Document filed by CBS Broadcasting Inc, CBS Studios Inc, Survivor Productions LLC.Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(Schiller, Joshua)
April 21, 2014 Filing 249 SEALED DOCUMENT placed in vault.(nm)
April 18, 2014 Filing 248 SEALED DOCUMENT placed in vault.(nm)
April 18, 2014 Filing 247 SEALED DOCUMENT placed in vault.(nm)
April 10, 2014 Filing 246 JOINT LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Elyse D. Echtman/Joshua I. Schiller dated April 10, 2014 re: Motions to Compel. Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc., DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C., Survivor Productions LLC.(Echtman, Elyse)
April 1, 2014 Opinion or Order Filing 245 JOINT STIPULATION RE: MOTIONS TO COMPEL: The due date for the DISH Parties and the CBS Parties to serve their moving briefs is April 11, 2014; Opposition briefs shall be served on or before April 25, 2014; and Reply briefs, if any, shall be served on or before April 30, 2014. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/01/2014) (ama)
March 19, 2014 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 3/19/2014. Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(Midwood, Laura)
March 12, 2014 Opinion or Order Filing 244 ORDER: IT IS HEREBY ORDERED that a telephone conference shall be held in the above-captioned action on March 19, 2014, at 10:00 a.m. Counsel to the plaintiff shall initiate the call to (212) 805-6705. SO ORDERED. ( Telephone Conference set for 3/19/2014 at 10:00 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/12/2014) (ama)
March 6, 2014 Filing 243 STIPULATION OF DISMISSAL WITHOUT PREJUDICE: Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure: 1. American Broadcasting Companies, Inc., ABC, Inc., and Disney Enterprises, Inc. ("the ABC Parties") and DISH Network L.L.C., DISH Network Corporation, and EchoStar Technologies L.L.C. ("the DISH Parties") hereby stipulate to the dismissal without prejudice of all claims and counterclaims asserted in this action by the ABC Parties against the DISH Parties. 2. DISH Network L.LC. and the ABC Parties hereby stipulate to the dismissal without prejudice of all claims asserted in this action by DISH Network L.L.C. against the ABC Parties. 3. The ABC Parties and the DISH Parties will bear their own expenses and costs, including attorneys' fees. 4. CBS Corporation, CBS Broadcasting Inc., CBS Studios Inc., and Survivor Productions LLC ("the CBS Parties") consent to this stipulation. (Signed by Judge Laura Taylor Swain on 3/6/2014) (rjm)
March 5, 2014 Opinion or Order Filing 242 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Elyse D. Echtman dated 3/05/2014 re: In light of the settlement, the DISH Parties and the ABC Parties respectfully request that the settlement conference scheduled for April 2, 2014 (ECF No. 240) be removed from the Court's calendar. ENDORSEMENT: Application Granted. Based on the above, the Settlement Conference Scheduled previously for April 2, 2014, is Cancelled. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/05/2014) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(ama)
March 5, 2014 Filing 241 MANDATE of USCA (Certified Copy) as to 231 Notice of Interlocutory Appeal filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc. USCA Case Number 13-3573....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/05/2014. (nd)
January 8, 2014 Filing 240 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Elyse D. Echtman dated 1/7/2014 re: the parties request that the settlement conference be continued to April 2014. ENDORSEMENT: A settlement conference with the parties shall be held on April 2, 2014 at 10:30 a.m. (Settlement Conference set for 4/2/2014 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/8/2014) (tn)
December 23, 2013 Opinion or Order Filing 239 FOURTH REVISED PRE-TRIAL SCHEDULING ORDER: Discovery due by 8/5/2014. Expert Discovery due by 11/19/2014. Dispositive motions due by 12/19/2014; Daubert motions due by 12/13/2015; and other Motions due by 3/13/2015. Final Pretrial Conference set for 4/17/2015 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/23/2013) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS (tn)
December 12, 2013 Filing 238 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Elyse D. Echtman dated 12/11/2013 re: the parties request that the 12/18/2013 settlement conference be postponed. ENDORSEMENT: The settlement conference scheduled previously for December 18, 2013, is adjourned, sine dine. The parties shall advise the Court, in a joint writing, on or before January 6, 2014, of three dates in February 2014, when all parties will be available to attend a settlement conference. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/12/2013) (tn)
November 15, 2013 Opinion or Order Filing 237 ORDER: Settlement Conference set for 12/18/2013 at 10:30 AM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/15/2013) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(tn)
October 4, 2013 Filing 236 ANSWER to 193 Amended Counterclaim,. Document filed by Dish Network L.L.C..(Bicks, Peter)
October 4, 2013 Filing 235 ANSWER to 193 Amended Counterclaim,. Document filed by EchoStar Technologies, L.L.C..(Bicks, Peter)
October 4, 2013 Opinion or Order Filing 234 STIPULATION AND ORDER EXTENDING TIME: The Counterclaim Defendants' time to answer and/or otherwise respond to CBS's Amended Counterclaims in this action is extended to and including Friday, October 4, 2013. DISH Network Corporation answer due 10/4/2013; EchoStar Technologies, L.L.C. answer due 10/4/2013. (Signed by Judge Laura Taylor Swain on 10/3/2013) (cd)
October 3, 2013 First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for 232 Memorandum & Opinion,, 233 Endorsed Letter, USCA Case Number 13-3573, were transmitted to the U.S. Court of Appeals. (nd)
October 1, 2013 Filing 233 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Elyse D. Echtman dated 9/25/13 re: Counsel writes to request the redaction of certain confidential business information from the publicly filed version of the Opinion and Order entered by the Court on 9/18/13. ENDORSEMENT: The redaction requests are granted for the reasons of commercial sensitivity that are set forth above. (Signed by Judge Laura Taylor Swain on 10/1/2013) (mro)
October 1, 2013 Opinion or Order Filing 232 OPINION AND ORDER (REDACTED VERSION): For the foregoing reasons, ABC's motion for a preliminary injunction is denied. DISH's motion to dismiss Count VII of CBS's Amended Counterclaims is also denied. This Memorandum Order resolves docket entry numbers 149 and 198. The parties are directed to contact Magistrate Judge Kevin Fox's Chambers for settlement purposes and, pending further order of the Court, to proceed in accordance with the Third Revised Pre-Trial Scheduling Order (docket entry number 226). This Opinion and Order is to be filed under seal pending the Court's consideration of any redaction requests and further order of the Court. (Signed by Judge Laura Taylor Swain on 10/1/2013) (mro)
September 24, 2013 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 21 Rule 7.1 Corporate Disclosure Statement, filed by The Fox Entertainment Group, Inc., Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., 100 Initial Report of Parties Before Pretrial Conference, filed by Disney Enterprises, Inc., Dish Network Corporation, ABC, Inc., NBC Universal Media, L.L.C., DISH Network Corporation, American Broadcasting Companies, Inc., Dish Network L.L.C., CBS Corporation, 160 Order, 79 Order on Motion to Appear Pro Hac Vice, 60 Stipulation and Order, Set Deadlines/Hearings, 226 Scheduling Order, 148 Endorsed Letter, 124 Declaration in Opposition to Motion, filed by Dish Network L.L.C., 218 Order on Motion to Withdraw as Attorney, 1 Complaint, filed by Dish Network L.L.C., 26 MOTION to Dismiss , Stay or Transfer filed by NBC Universal Media, L.L.C., CBS Corporation, 144 Answer to Counterclaim filed by EchoStar Technologies, L.L.C., 3 Order to Show Cause, 187 Declaration in Opposition to Motion, filed by EchoStar Technologies, L.L.C., Dish Network L.L.C., 108 Stipulation and Order, 219 MOTION for Hannah Stott-Bumsted to Withdraw as Attorney filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 12 Declaration in Support, filed by Dish Network L.L.C., 154 Order on Motion to Appear Pro Hac Vice, 210 Letter, 116 Declaration in Support of Motion, filed by NBC Universal Media, L.L.C., 16 MOTION for Michael H. Page to Appear Pro Hac Vice filed by Dish Network L.L.C., 134 Endorsed Letter, Set Deadlines, 25 Rule 7.1 Corporate Disclosure Statement filed by NBC Universal Media, L.L.C., 6 Summons Returned Executed filed by Dish Network L.L.C., 184 Declaration in Opposition to Motion filed by EchoStar Technologies, L.L.C., Dish Network L.L.C., 183 Declaration in Opposition to Motion filed by EchoStar Technologies, L.L.C., Dish Network L.L.C., 9 Summons Returned Executed filed by Dish Network L.L.C., 50 MOTION for Richard L. Stone to Appear Pro Hac Vice filed by The Fox Entertainment Group, Inc., Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., 40 Order on Motion to Appear Pro Hac Vice, 28 MOTION to Dismiss filed by The Fox Entertainment Group, Inc., Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., 110 Transcript, 228 Order, 146 Protective Order, 63 Endorsed Letter, 97 Stipulation and Order, Set Deadlines, 208 Memorandum of Law in Opposition to Motion, filed by Survivor Productions LLC, CBS Studios Inc, CBS Studios Inc., CBS Broadcasting Inc., CBS Corporation, 77 MOTION for Thomas G. Hentoff to Appear Pro Hac Vice filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 147 Endorsed Letter, Set Deadlines/Hearings, 106 Notice of Filing Transcript, 177 Order on Motion to Appear Pro Hac Vice, 141 Answer to Counterclaim filed by Echostar Technologies L.L.C., 136 Summons Returned Executed, filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 204 Endorsed Letter, Set Deadlines, 107 Notice of Appearance filed by Dish Network Corporation, DISH Network Corporation, Dish Network L.L.C., 176 MOTION for Stanley Edward Fisher to Appear Pro Hac Vice on behalf of ABC, Inc., American Broadcasting Companies, Inc., and Disney Enterprises, Inc. Filing fee $ 200.00, receipt number 0208-8196925. Motion and supporting papers to be reviewed by Clerk's Office staff filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 65 MOTION for Jean Pierre Nogues to Appear Pro Hac Vice filed by NBC Universal Media, L.L.C., CBS Corporation, 205 Notice (Other), Notice (Other) filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 188 Declaration in Opposition to Motion filed by EchoStar Technologies, L.L.C., Dish Network L.L.C., 224 Letter filed by Dish Network L.L.C., 94 Answer to Counterclaim filed by Dish Network Corporation, DISH Network Corporation, Dish Network L.L.C., 158 Declaration in Support of Motion, filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 172 MOTION for Leave to File Amended Counterclaims filed by Survivor Productions LLC, CBS Studios Inc, CBS Broadcasting Inc, 95 Rule 7.1 Corporate Disclosure Statement filed by Dish Network Corporation, DISH Network Corporation, 173 Order, 64 Response to Motion filed by American Broadcasting Companies, Inc., 7 Summons Returned Executed filed by Fox Television Holdings, Inc., 138 MOTION for Julia H. Pudlin to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7936190. Motion and supporting papers to be reviewed by Clerk's Office staff filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 126 Answer to Counterclaim filed by Dish Network Corporation, DISH Network Corporation, Dish Network L.L.C., 103 Scheduling Order, 123 Memorandum of Law in Opposition to Motion filed by Dish Network L.L.C., 156 Declaration in Support of Motion, filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 52 Declaration filed by Dish Network L.L.C., 213 Scheduling Order, 130 Endorsed Letter, 186 Declaration in Opposition to Motion, filed by EchoStar Technologies, L.L.C., Dish Network L.L.C., 121 Endorsed Letter, 163 Memorandum of Law in Opposition to Motion filed by Public Knowledge, 152 Endorsed Letter, 62 Letter, filed by Dish Network L.L.C., 105 Transcript, 198 MOTION to Dismiss /Notice of Motion of DISH Network LLC to Dismiss Count VII of CBS Corporation's Amended Counterclaims filed by Dish Network Corporation, DISH Network Corporation, Dish Network L.L.C., 36 Rule 7.1 Corporate Disclosure Statement filed by NBC Universal Media, L.L.C., 162 MOTION for Leave to File Amicus Brief Opposition Motion for Preliminary Injunction filed by Public Knowledge, 195 Transcript, 13 Letter, filed by Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., 41 Order Designating Case Complex Civil Case, 217 Notice of Change of Address, filed by Survivor Productions LLC, CBS Studios Inc, CBS Studios Inc., CBS Broadcasting Inc., CBS Corporation, 133 Answer to Amended Complaint, Counterclaim, filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 125 Answer to Counterclaim filed by Dish Network L.L.C., 90 Memorandum & Opinion, 30 Memorandum of Law in Support of Motion filed by The Fox Entertainment Group, Inc., Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., 230 Notice of Interlocutory Appeal, filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 178 Reply Memorandum of Law in Support of Motion, filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 168 Endorsed Letter, 38 Order on Motion to Appear Pro Hac Vice, 61 Letter, filed by NBC Universal Media, L.L.C., CBS Corporation, 211 Reply Memorandum of Law in Support of Motion, filed by Dish Network Corporation, EchoStar Technologies, L.L.C., DISH Network Corporation, Dish Network L.L.C., 57 Order on Motion to Appear Pro Hac Vice, 122 Consent Order, Add and Terminate Attorneys, 43 MOTION for David R. Singer to Appear Pro Hac Vice filed by The Fox Entertainment Group, Inc., Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., 151 Certificate of Service Other, filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 4 Summons Returned Executed filed by Dish Network L.L.C., Notice Regarding Pro Hac Vice Motion, 93 Notice of Filing Transcript, 159 Declaration in Support of Motion filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 145 MOTION for David Laurence Zifkin to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7965955. Motion and supporting papers to be reviewed by Clerk's Office staff filed by Survivor Productions LLC, CBS Studios Inc, CBS Studios Inc., CBS Broadcasting Inc., CBS Corporation, 33 Memorandum of Law in Opposition, filed by The Fox Entertainment Group, Inc., Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., 115 Memorandum of Law in Support of Motion filed by NBC Universal Media, L.L.C., 221 Notice (Other), Notice (Other) filed by Dish Network L.L.C., 216 Declaration in Support of Motion filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 109 Amended Complaint, filed by Dish Network L.L.C., 189 Declaration in Opposition to Motion filed by EchoStar Technologies, L.L.C., Dish Network L.L.C., 14 Affidavit of Service Other, filed by Dish Network L.L.C., 91 Notice of Appearance filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 45 Notice of Filing Transcript, 135 Notice of Appearance filed by CBS Corporation, 87 Order, 48 MOTION for Andrew J. Thomas to Appear Pro Hac Vice filed by The Fox Entertainment Group, Inc., Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., 113 Answer to Amended Complaint, Counterclaim filed by NBC Universal Media, L.L.C., 19 Notice of Appearance filed by The Fox Entertainment Group, Inc., Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., 192 Order on Motion for Leave to File Document, 131 Stipulation and Order, 47 Rule 7.1 Corporate Disclosure Statement filed by American Broadcasting Companies, Inc., 102 Order, 194 Scheduling Order, 231 Notice of Interlocutory Appeal filed by Disney Enterprises, Inc., ABC, Inc., American Broadcasting Companies, Inc., 143 Answer to Counterclaim filed by Dish Network L.L.C., 39 Order on Motion to Appear Pro Hac Vice, 119 Endorsed Letter, 17 MOTION for Mark A. Lemley to Appear Pro Hac Vice filed by Dish Network L.L.C., 8 Summons Returned Executed filed by Dish Network L.L.C., 24 Rule 7.1 Corporate Disclosure Statement filed by CBS Corporation, 46 Notice of Appearance filed by American Broadcasting Companies, Inc., 85 Order, 20 Notice of Appearance filed by The Fox Entertainment Group, Inc., Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., 31 Declaration in Support of Motion, filed by NBC Universal Media, L.L.C., CBS Corporation, 23 Notice of Appearance filed by NBC
September 24, 2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 231 Notice of Interlocutory Appeal. (tp)
September 24, 2013 Appeal Fee Paid electronically via Pay.gov: for 230 Notice of Interlocutory Appeal, 231 Notice of Interlocutory Appeal. Filing fee $ 455.00. Pay.gov receipt number 0208-8898988, paid on 9/23/2013. (tp)
September 24, 2013 ***NOTE TO ATTORNEY REGARDING DEFICIENT APPEAL. Note to Attorney Hentoff, Thomas to RE-FILE Document No. 230 Notice of Interlocutory Appeal. No Order being appealed was selected. Re-file the Interlocutory Appeal event and select the correct Order being appealed. (tp)
September 23, 2013 Filing 231 NOTICE OF INTERLOCUTORY APPEAL from 229 Sealed Document. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (tp)
September 23, 2013 Filing 230 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF INTERLOCUTORY APPEAL. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc., Disney Enterprises, Inc. Filing fee $ 455.00, receipt number 0208-8898988. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Hentoff, Thomas) Modified on 9/24/2013 (tp).
September 19, 2013 Filing 229 SEALED DOCUMENT placed in vault.(mps)
September 18, 2013 Opinion or Order Filing 228 ORDER: The Court has issued an Opinion and Order in this case, dated September 18, 2013, which has been filed under seal. This Opinion and Order denies the motion for a preliminary injunction by American Broadcasting Companies, Inc. and denies DISH Network's motion to dismiss Count VII of CBS's Amended Counterclaims, resolving docket entry numbers 149 and 198. Because certain of the submissions in connection with the motions were marked confidential and filed under seal, the parties are hereby directed to make any specific requests, in writing, for redaction of any portions of the Opinion and Order to the Court by Wednesday, September 25, 2013, at 5:00 p.m., and as further set forth in this document. After the Court has considered the parties' redaction requests, it will file the Opinion and Order on the public ECF system, with any necessary redactions. (Signed by Judge Laura Taylor Swain on 9/18/2013) (cd)
September 17, 2013 Opinion or Order Filing 227 AMENDMENT TO STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/17/2013) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(cd)
September 10, 2013 Opinion or Order Filing 226 THIRD REVISED PRE-TRIAL SCHEDULING ORDER: Motions due by 9/3/2014, any dispositive motions due by 6/9/2014 and any Daubert motions due by 8/4/2014. All non-expert discovery due by 1/24/2014. Expert Discovery due by 5/9/2014. Final Pretrial Conference set for 10/3/2014 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox, and as further set forth in this document. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/10/2013) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(cd)
September 10, 2013 Filing 225 NOTICE of of Supplemental Authority in Support of the Motion of ABC, Inc., American Broadcasting Companies, Inc., and Disney Enterprises, Inc. for a Preliminary Injunction re: 149 MOTION for Preliminary Injunction.. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Hentoff, Thomas)
August 5, 2013 Filing 224 LETTER addressed to Judge Laura Taylor Swain from Peter A. Bicks dated 8/2/2013 re: ABC provides no reason why the outcome here should be any different from the Ninth Circuit. Document filed by Dish Network L.L.C.(ft)
July 31, 2013 Filing 223 LETTER addressed to Judge Laura Taylor Swain from Kevin T. Baine dated 7/30/13 re: Counsel states for the reasons herein, the Fox opinion is not persuasive authority in this case. (mro)
July 26, 2013 Filing 222 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Thomas G. Hentoff dated 7/25/2013 re: Counsel requests the opportunity to submit a three-page supplemental letter brief to address the Ninth Circuit opinion. ENDORSEMENT: The request for permission to provide supplemental submissions is granted. (Signed by Judge Laura Taylor Swain on 7/26/2013) (ft) Modified on 7/29/2013 (ft).
July 24, 2013 Filing 221 NOTICE of Supplemental Authority in Support of DISH Network L.L.C.'s Opposition to ABC, Inc., American Broadcasting Companies, Inc., and Disney Enterprises, Inc.'s Motion for a Preliminary Injunction re: 174 Memorandum of Law in Opposition to Motion, 164 Sealed Document. Document filed by Dish Network L.L.C.. (Bicks, Peter)
June 18, 2013 Opinion or Order ORDER granting 219 Motion to Withdraw as Attorney. Attorney Hannah Mary Stott-Bumsted terminated (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
June 17, 2013 Filing 220 DECLARATION of Hannah Stott-Bumsted in Support re: 219 MOTION for Hannah Stott-Bumsted to Withdraw as Attorney.. Document filed by ABC, Inc., American Broadcasting Companies, Inc., DISH Network Corporation, Disney Enterprises, Inc.. (Attachments: # 1 Certificate of Service)(Pudlin, Julia)
June 17, 2013 Filing 219 MOTION for Hannah Stott-Bumsted to Withdraw as Attorney. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Attachments: # 1 Certificate of Service)(Pudlin, Julia)
June 12, 2013 Opinion or Order Filing 218 ORDER denying 215 Motion to Withdraw as Attorney. Hannah Stott-Bumsted, Esq. has made a motion, pursuant to Local Civil Rule 1.4 of this court, "to withdraw as counsel of record for ABC, Inc., American Broadcasting Companies, Inc., and Disney Enterprises, Inc." An order issued pursuant to the above-referenced Rule may be granted only upon a showing by affidavit or otherwise of satisfactory reasons for withdrawal... [and] the posture of the case, including its position, if any, on the calendar.... All applications to withdraw must be served upon the client and (unless excused by the Court) upon all other parties. Local Civil Rule 1.4. The movant submitted a declaration in support of her motion to withdraw as counsel. The declaration fails to provide any information regarding "the posture of the case" and does not indicate that the motion to withdraw was served upon the movant's clients, as required by theexpress language of the Rule. The movant's failure to comply with Local Civil Rule 1.4 warrants the denial of her motion. Accordingly, the motion to withdraw as counsel made by Hannah Stott-Bumsted, Esq., Docket Entry No. 215, is denied, without prejudice. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/12/2013) (rsh)
June 11, 2013 Filing 217 NOTICE OF CHANGE OF ADDRESS by David Zifkin on behalf of CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, CBS Studios Inc., Survivor Productions LLC. New Address: Boies, Schiller & Flexner LLP, 401 Wilshire Boulevard, Suite 850, Santa Monica, California, 90401, 3107522400. Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(Zifkin, David)
June 10, 2013 Filing 216 DECLARATION of Hannah Stott-Bumsted in Support re: 215 MOTION for Hannah Mary Stott-Bumsted to Withdraw as Attorney.. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Stott-Bumsted, Hannah)
June 10, 2013 Filing 215 MOTION for Hannah Mary Stott-Bumsted to Withdraw as Attorney. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc..(Stott-Bumsted, Hannah)
May 14, 2013 Opinion or Order Filing 214 AMENDMENT TO JOINT ELECTRONIC DISCOVERY SUBMISSION NO.1 AND ORDER: The Parties previously agreed in Section (6)(c) of the Joint Electronic Submission No.1, filed on December 7, 2012 (ECF No. 160), "to continue to meet and confer concerning the technical specifications for form of production, including the extracted data fields to be produced and other technical parameters of production." Having met-and-conferred and having reached agreement on the technical specifications for form of production, Plaintiff/Counterclaim Defendant DISH Network L.L.c., Counterclaim Defendant DISH Network Corporation, Counterclaim Defendant EchoStar Technologies, L.L.C(together, "DISH Parties"), Defendant/Counterclaimant American Broadcasting Companies, Inc., Defendant/Counterclaimant ABC, Inc., Defendant/Counterclaimant Disney Enterprises, Inc. (together, "ABC Parties"), Defendant/Counterclaimant CBS Corporation, Counterclaimant CBS Broadcasting Inc., Counterclaimant CBS Studios Inc., and Counterclaimant Survivor Productions L.L.C. (together, "CBS Parties") hereby submit this amendment to Section (6)(c) of the Joint Electronic Submission No. 1 and Order, to read as set forth in this order (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/13/2013) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(js)
May 7, 2013 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 5/7/2013. (lmb)
May 7, 2013 Opinion or Order Filing 213 SECOND REVISED PRE-TRIAL SCHEDULING ORDER: A Revised Pre-trial Scheduling Order was entered on March 4, 2013 (ECF No. 194). The following provisions of Pre-trial Scheduling Order No. 1, amended by the Revised Pre-trial Scheduling Order, shall be revised as follows, and all other provisions of the Scheduling Order shall remain in force: All non-expert witness discovery in this matter must be completed by September 30, 2013. All expert witness discovery must be completed by December 23, 2013. Dispositive motions, if any, seeking resolution, in whole or in part, of the issues to be raised at trial must be served and filed on or before January 20, 2014. Any Daubert motion practice must be initiated on or before February 26, 2014. Other motions, including but not limited to non-Daubert motions in limine relating to evidentiary issues, must be filed and served on or before March 24, 2014. The Joint Final Trial Report covering the matters enumerated in subdivisions IV.C. and IV.D. of the Pilot Project Description must be filed, with one courtesy copy provided for Chambers, on or before March 26, 2014. The parties are directed to appear before the (assigned district judge), in Courtroom 17C, 500 Pearl Street, New York, NY 10007, for a final pretrial conference on April 11, 2014, at 2:00 p.m. The parties must be trial-ready by this conference date. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/7/2013) (sac)
April 26, 2013 Filing 211 REPLY MEMORANDUM OF LAW in Support re: 198 MOTION to Dismiss /Notice of Motion of DISH Network LLC to Dismiss Count VII of CBS Corporation's Amended Counterclaims.. Document filed by DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Attachments: # 1 Affidavit proof of Service)(Bicks, Peter)
April 25, 2013 Filing 212 SEALED DOCUMENT placed in vault.(nm)
April 16, 2013 Filing 210 Letter addressed to Clerk's Office from Joshua I. Schiller dated 4/12/2013 re: In the above-referenced case, please that note that Docket No. 208 replaces Docket No. 206 to correct a non-substantive typographical error. (sac)
April 12, 2013 Filing 209 SEALED DOCUMENT placed in vault.(mps)
April 12, 2013 Filing 208 MEMORANDUM OF LAW in Opposition re: 198 MOTION to Dismiss /Notice of Motion of DISH Network LLC to Dismiss Count VII of CBS Corporation's Amended Counterclaims. /Corrected Redacted Public Version. Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, CBS Studios Inc., Survivor Productions LLC. (Schiller, Jonathan)
April 11, 2013 Filing 207 DECLARATION of [Public Redacted Version] Jonathan D. Schiller in Opposition re: 198 MOTION to Dismiss /Notice of Motion of DISH Network LLC to Dismiss Count VII of CBS Corporation's Amended Counterclaims.. Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, CBS Studios Inc., Survivor Productions LLC. (Attachments: # 1 Exhibit 1)(Schiller, Jonathan)
April 11, 2013 Filing 206 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 198 MOTION to Dismiss /Notice of Motion of DISH Network LLC to Dismiss Count VII of CBS Corporation's Amended Counterclaims. /Redacted Public Version. Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, CBS Studios Inc.. (Schiller, Jonathan) Modified on 4/16/2013 (db).
April 4, 2013 Filing 205 NOTICE of Supplemental Authority in Support of the Motion of ABC, Inc., American Broadcasting Companies, Inc., and Disney Enterprises, Inc. for a Preliminary Injunction re: 149 MOTION for Preliminary Injunction.. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Hentoff, Thomas)
March 22, 2013 Filing 204 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Hamish Hume dated 3/21/2013 re: The parties jointly request that the Court endorse the following briefing schedule on DISH's motion to dismiss Count VII of the CBS Amended Counterclaim: CBS Opposition brief deadline: April 11, 2013; DISH reply brief: April 25, 2013. ENDORSEMENT: The schedule is approved and the March 27, 2013, conference is marked off the calendar. (Responses due by 4/11/2013, Replies due by 4/25/2013.) (Signed by Judge Laura Taylor Swain on 3/21/2013) (ft)
March 21, 2013 Opinion or Order Filing 203 ORDER: Plaintiff/counterclaim defendant Dish Network has filed a motion to dismiss Count VII of the Amended Counterclaims of defendant/counterclaimant CBS Corporation. In accordance with paragraph A.4. of the Motion Procedures provisions of this District's Complex Case Protocol and paragraph B.3. of the Individual Practices of the undersigned, the parties are directed to appear for a conference on March 27, 2013, at 3:30p.m. At the conference, CBS Corporation will be given an opportunity to state whether it will further amend the Counterclaims or oppose the motion. CBS must be prepared to file its amendment or opposition, as the case may be, by April 12, 2013. Dish Network, which has filed its motion papers under seal, is directed to file a redacted version of the motion papers (comprising those portions of the papers that do not consist of business information that it contends is subject to the July 25, 2012, Protective Order) on the ECF system by March 25, 2013. Motions due by 3/25/2013. Status Conference set for 3/27/2013 at 03:30 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 3/20/2013) (ft)
March 15, 2013 PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to NBCUniversal Media, L.L.C. only, from the U.S.D.C. Southern District of New York to the United States District Court - Central District of California (ft)
March 15, 2013 Opinion or Order Filing 202 MEMORANDUM OPINION AND ORDER: NBCUs motion to transfer is granted. The Clerk of Court is requested to effectuate the transfer to the United States District Court for the Central District of California of only that portion of this action in which Plaintiff Dish asserts a claim against Defendant NBCU. NBCU's counterclaims in this action are dismissed, without prejudice, in favor of the affirmative breach of contract claims that NBCU has interposed in the California Action. This Memorandum Opinion and Order terminates docket entry no. 114. (Signed by Judge Laura Taylor Swain on 3/15/2013) (ft)
March 15, 2013 Filing 201 CERTIFICATE OF SERVICE of Notice of Motion of DISH Network L.L.C. to Dismiss Count VII of CBS Corporation's Amended Counterclaims, Memorandum of Law in Support of Motion and Declaration of Elyse D. Echtman in Support of Motion on 3/14/13. Service was made by Electronic Means. Document filed by DISH Network Corporation, Dish Network L.L.C.. (Bicks, Peter)
March 15, 2013 Filing 200 DECLARATION of [Public Redacted Version] of Elyse D. Echtman in Support re: 198 MOTION to Dismiss /Notice of Motion of DISH Network LLC to Dismiss Count VII of CBS Corporation's Amended Counterclaims.. Document filed by DISH Network Corporation, Dish Network L.L.C.. (Attachments: # 1 Exhibit 1 to Declaration of Elyse D. Echtman, # 2 Exhibit 2 to Declaration of Elyse D. Echtman, # 3 Exhibit 3 to Declaration of Elyse D. Echtman, # 4 Exhibit 4 to Declaration of Elyse D. Echtman, # 5 Exhibit 5 to Declaration of Elyse D. Echtman)(Bicks, Peter)
March 15, 2013 Filing 199 MEMORANDUM OF LAW in Support re: 198 MOTION to Dismiss /Notice of Motion of DISH Network LLC to Dismiss Count VII of CBS Corporation's Amended Counterclaims. /Redacted Public Version of Memorandum of Law in Support of DISH Network LLC's Motion to Dismiss Count VII of CBS Corporation's Amended Counterclaims. Document filed by DISH Network Corporation, Dish Network L.L.C.. (Bicks, Peter)
March 15, 2013 Filing 198 MOTION to Dismiss /Notice of Motion of DISH Network LLC to Dismiss Count VII of CBS Corporation's Amended Counterclaims. Document filed by DISH Network Corporation, Dish Network L.L.C..(Bicks, Peter)
March 15, 2013 Filing 197 SEALED DOCUMENT placed in vault.(nm)
March 8, 2013 Filing 196 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceedings proceeding held on 2/4/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro)
March 8, 2013 Filing 195 TRANSCRIPT of Proceedings re: proceedings held on 2/4/2013 before Magistrate Judge Kevin Nathaniel Fox. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013.(tro)
March 4, 2013 Opinion or Order Filing 194 REVISED PRE-TRIAL SCHEDULING ORDER: Motions due by 11/18/2013. Expert Discovery due by 8/19/2013. Discovery due by 5/28/2013. Final Pretrial Conference set for 12/6/2013 at 10:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. Telephone Conference set for 5/7/2013 at 11:30 AM before Magistrate Judge Kevin Nathaniel Fox. Ready for Trial by 12/6/2013. A telephonic status conference will be held with the parties on May 7, 2013, at 11:30 a.m. Counsel to the Dish parties shall initiate the telephonic conference. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/1/2013) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(lmb) Modified on 3/4/2013 (lmb).
February 28, 2013 Filing 193 FIRST AMENDED COUNTERCLAIM amending 137 Answer to Amended Complaint, Counterclaim against DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C..Document filed by CBS Broadcasting Inc., CBS Studios Inc, Survivor Productions LLC, CBS Corporation. Related document: 137 Answer to Amended Complaint, Counterclaim filed by Survivor Productions LLC, CBS Studios Inc, CBS Broadcasting Inc., CBS Corporation.(Schiller, Joshua)
February 28, 2013 Opinion or Order Filing 192 ORDER granting 172 Motion for Leave to File Document. The motion is granted. This endorsement resolves docket entry No. 172. (Signed by Judge Laura Taylor Swain on 2/27/2013) (ft)
February 25, 2013 Opinion or Order Filing 191 ORDER FOR ADMISSION PRO HAC VICE: Applicant is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. Attorney William Jefferson Vigen for American Broadcasting Companies, Inc., William Jefferson Vigen for ABC, Inc., William Jefferson Vigen for Disney Enterprises, Inc. (Signed by Part I Judge Kimba M. Wood on 2/22/2013) (ft)
February 15, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 190 MOTION for William Jefferson Vigen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8235241. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa)
February 14, 2013 Filing 190 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for William Jefferson Vigen to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8235241. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc..(Vigen, William) Modified on 2/15/2013 (bwa).
February 12, 2013 Filing 189 DECLARATION of David Shull in Opposition re: 149 MOTION for Preliminary Injunction.. Document filed by Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Bicks, Peter)
February 12, 2013 Filing 188 DECLARATION of Eric Sahl in Opposition re: 149 MOTION for Preliminary Injunction.. Document filed by Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Bicks, Peter)
February 12, 2013 Filing 187 DECLARATION of Richard Rapp in Opposition re: 149 MOTION for Preliminary Injunction.. Document filed by Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Attachments: # 1 Exhibit 1-2 to Declaration of Richard Rapp, # 2 Exhibit 3 part 1 to Declaration of Richard Rapp, # 3 Exhibit 3 part 2 to Declaration of Richard Rapp, # 4 Exhibit 4-6 to Declaration of Richard Rapp, # 5 Exhibit 7-9 to Declaration of Richard Rapp, # 6 Exhibit 10-26 to Declaration of Richard Rapp)(Bicks, Peter)
February 12, 2013 Filing 186 DECLARATION of Dan Minnick in Opposition re: 149 MOTION for Preliminary Injunction.. Document filed by Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Attachments: # 1 Exhibit 1-7 to Declaration of Dan Minnick, # 2 Exhibit 8 to Declaration of Dan Minnick, # 3 Exhibit 9-15 to Declaration of Dan Minnick)(Bicks, Peter)
February 12, 2013 Filing 185 DECLARATION of David Kummer in Opposition re: 149 MOTION for Preliminary Injunction.. Document filed by Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Bicks, Peter)
February 12, 2013 Filing 184 DECLARATION of Vivek Khemka in Opposition re: 149 MOTION for Preliminary Injunction.. Document filed by Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Attachments: # 1 Exhibit 1-10 to Declaration of Vivek Khemka)(Bicks, Peter)
February 12, 2013 Filing 183 DECLARATION of Paul Horowitz in Opposition re: 149 MOTION for Preliminary Injunction.. Document filed by Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Bicks, Peter)
February 12, 2013 Filing 182 DECLARATION of John Hauser in Opposition re: 149 MOTION for Preliminary Injunction.. Document filed by Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Attachments: # 1 Exhibit 1-15 to Declaration of John Hauser)(Bicks, Peter)
February 12, 2013 Filing 181 DECLARATION of Keith Gerhards in Opposition re: 149 MOTION for Preliminary Injunction.. Document filed by Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Bicks, Peter)
February 12, 2013 Filing 180 DECLARATION of Elyse D. Echtman in Opposition re: 149 MOTION for Preliminary Injunction.. Document filed by Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Attachments: # 1 Exhibit 1-3 to Declaration of Elyse D. Echtman, # 2 Exhibit 4-10 to Declaration of Elyse D. Echtman, # 3 Exhibit 11 to Declaration of Elyse D. Echtman, # 4 Exhibit 12-13 to Declaration of Elyse D. Echtman)(Bicks, Peter)
February 5, 2013 Filing 179 REPLY AFFIDAVIT of Thomas G. Hentoff in Support re: 149 MOTION for Preliminary Injunction.. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Attachments: # 1 Exhibit 46, # 2 Exhibit 47, # 3 Exhibit 48, # 4 Exhibit 49, # 5 Exhibit 50, # 6 Exhibit 51)(Pudlin, Julia)
February 5, 2013 Filing 178 REPLY MEMORANDUM OF LAW in Support re: 149 MOTION for Preliminary Injunction. Public Redacted Version of Reply Memorandum of Law in Support of Motion of ABC, Inc., American Broadcasting Companies, Inc., and Disney Enterprises, Inc. for a Preliminary Injunction (Original Filed Under Seal). Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Pudlin, Julia)
February 4, 2013 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 2/4/2013. A telephonic conference was held with the parties, during the conference, the Court resolved the discovery disputes presented to it in correspondence received from the parties on January 25 and January 30, 2013. (mro)
February 4, 2013 Opinion or Order Filing 177 ORDER FOR ADMISSION PRO HAC VICE: granting 176 Motion for Stanley E. Fisher to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 2/4/2013) (ja)
February 1, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 176 MOTION for Stanley Edward Fisher to Appear Pro Hac Vice on behalf of ABC, Inc., American Broadcasting Companies, Inc., and Disney Enterprises, Inc.. Filing fee $ 200.00, receipt number 0208-8196925. Motion and support. The document has been reviewed and there are no deficiencies. (bwa)
February 1, 2013 Filing 176 MOTION for Stanley Edward Fisher to Appear Pro Hac Vice on behalf of ABC, Inc., American Broadcasting Companies, Inc., and Disney Enterprises, Inc.. Filing fee $ 200.00, receipt number 0208-8196925. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc., Disney Enterprises, Inc..(Fisher, Stanley)
January 30, 2013 Opinion or Order Filing 175 ORDER: that a telephonic conference shall be held in the above-captioned action on February 4, 2013, at 2:00 p.m. The telephonic conference shall be initiated by counsel to the plaintiff to (212) 805-6705. ( Telephone Conference set for 2/4/2013 at 02:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/29/2013) (ja)
January 28, 2013 Filing 174 MEMORANDUM OF LAW in Opposition re: 149 MOTION for Preliminary Injunction. /Public-Redacted Version of DISH's Memorandum of Law in Opposition to ABC's Motion for Preliminary Injunction (Original Filed Under Seal). Document filed by Dish Network L.L.C., EchoStar Technologies, L.L.C.. (Bicks, Peter)
January 25, 2013 Opinion or Order Filing 173 ORDER: At the request of ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc., CBS Corporation, CBS Broadcasting Inc., CBS Studios Inc., Survivor Productions, LLC. and NBC Universal Media, LLC., and with the consent of Dish Network LLC., Dish Network Corporation and EchoStar Technologies LLC, the settlement conference, scheduled previously for January 28, 2013, is cancelled. The parties shall, after a ruling on the outstanding motion for a preliminary injunction, confer and, thereafter, submit to the Court three (3) dates on which all parties will be available to attend a settlement conference. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/25/2013) (ja)
January 22, 2013 Filing 172 MOTION for Leave to File Amended Counterclaims. Document filed by CBS Broadcasting Inc, CBS Studios Inc, Survivor Productions LLC. (Attachments: # 1 Exhibit Amended Counterclaims)Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(Schiller, Joshua)
January 18, 2013 Filing 171 REPLY AFFIDAVIT of Thomas G. Hentoff in Support re: 149 MOTION for Preliminary Injunction.. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Attachments: # 1 Exhibit 52)(Pudlin, Julia)
January 18, 2013 Opinion or Order Filing 170 ORDER denying 161 Motion for John Bergmayer to Appear Pro Hac Vice; denying 162 Motion for Leave to File Document. The motion for leave to file an amicus brief is therefore denied. Public Knowledge's attorney's request for pro hac vice admission is denied for the same reason. This Order terminates docket entries no. 161 and 162. SO ORDERED.(Signed by Judge Laura Taylor Swain on 1/18/2013) (ama)
January 16, 2013 Filing 169 SEALED DOCUMENT placed in vault.(nm)
January 11, 2013 Filing 168 ENDORSED LETTER: addressed to Judge Laura Taylor Swain from Hannah M. Scott-Bumsted and Elyse D. Echtman dated 1/8/2013 re: Based on the foregoing, we respectfully request that the Court endorse this letter. such that paragraph 1 of the Scheduling Order shall provide for the CBS Parties to have until January 22, 2013 to apply to amend their counterclaims. ENDORSEMENT: Application granted. So Ordered. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/10/2013) (js)
January 10, 2013 Set/Reset Deadlines: Replies due by 1/16/2013. Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(ja)
January 10, 2013 Filing 167 ENDORSED LETTER addressed to Judge Laura Taylor Swain, from Hannah M. Scott-Bumsted, Elyse D. Echtman, Harnish Hume, and Jane G. Stevens, dated 1/8/2013, re: request approval from the Court of an agreed-upon modification of paragraph 1 of the Court's August 3, 2012 Pre-Trial Scheduling Order, as previously modified by joint letter of the Parties submitted on October 25, 2012 and endorsed by the Court on November 14, 2012. ENDORSEMENT: The requested extension is granted. (Signed by Judge Laura Taylor Swain on 1/10/2013) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(ja) Modified on 1/10/2013 (ja).
January 10, 2013 Filing 166 ENDORSED LETTER addressed to Judge Laura Taylor Swain, from Thomas G. Hentoff, dated 1/9/2013, re: The ABC Parties' Reply in support of their Motion for a Preliminary Injunction is due on January 15, 2013. Request the Court's permission to file the Reply and supporting papers under seal on January 16, 2013. ENDORSEMENT: The request to authorize sealed filing of the unredacted versions of the referenced papers is granted. Redacted copies must be filed on ECF. (Signed by Judge Laura Taylor Swain on 1/10/2013) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(ja)
January 3, 2013 Filing 165 RESPONSE in Opposition re: 162 MOTION for Leave to File Amicus Brief Opposition Motion for Preliminary Injunction.. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Pudlin, Julia)
December 21, 2012 Filing 164 SEALED DOCUMENT placed in vault.(nm)
December 21, 2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 161 MOTION for John Bergmayer to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8088236. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
December 21, 2012 Filing 163 MEMORANDUM OF LAW in Opposition re: 149 MOTION for Preliminary Injunction.. Document filed by Public Knowledge. (Attachments: # 1 Corporate Disclosure Statement)(Bergmayer, John)
December 21, 2012 Filing 162 MOTION for Leave to File Amicus Brief Opposition Motion for Preliminary Injunction. Document filed by Public Knowledge. (Attachments: # 1 Text of Proposed Order)(Bergmayer, John)
December 21, 2012 Filing 161 MOTION for John Bergmayer to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8088236. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Public Knowledge. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing)(Bergmayer, John)
December 7, 2012 Opinion or Order Filing 160 JOINT ELECTRONIC DISCOVERY SUBMISSION NO. 1 AND ORDER: (DISH and the Networks are referred to as the "Parties") hereby submit this Joint Electronic Submission No. 1 and [Proposed] Order. To the extent relevant information is stored in electronic format, this Joint Submission and [Proposed] Order (and any subsequent ones) and the Stipulated Protective Order (Doc. #96) shall be the governing documents by which the Parties and the Court manage the electronic discovery process in this consolidated action. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/7/2012) (ja)
December 7, 2012 Filing 159 DECLARATION of Patrick McGovern in Support re: 149 MOTION for Preliminary Injunction.. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Pudlin, Julia)
December 7, 2012 Filing 158 DECLARATION of Mark Loughney in Support re: 149 MOTION for Preliminary Injunction.. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Pudlin, Julia)
December 7, 2012 Filing 157 DECLARATION of Justin Connolly in Support re: 149 MOTION for Preliminary Injunction.. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Pudlin, Julia)
December 7, 2012 Filing 156 DECLARATION of Thomas G. Hentoff in Support re: 149 MOTION for Preliminary Injunction.. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14a, # 15 Exhibit 14b, # 16 Exhibit 14c, # 17 Exhibit 14d, # 18 Exhibit 14e, # 19 Exhibit 14f, # 20 Exhibit 15, # 21 Exhibit 16, # 22 Exhibit 17, # 23 Exhibit 18, # 24 Exhibit 19, # 25 Exhibit 20, # 26 Exhibit 21, # 27 Exhibit 22, # 28 Exhibit 23, # 29 Exhibit 24, # 30 Exhibit 25, # 31 Exhibit 26, # 32 Exhibit 27, # 33 Exhibit 28, # 34 Exhibit 29, # 35 Exhibit 30, # 36 Exhibit 31, # 37 Exhibit 32, # 38 Exhibit 33, # 39 Exhibit 34, # 40 Exhibit 35, # 41 Exhibit 36, # 42 Exhibit 37a, # 43 Exhibit 37b, # 44 Exhibit 37c, # 45 Exhibit 37d, # 46 Exhibit 38, # 47 Exhibit 39, # 48 Exhibit 40, # 49 Exhibit 41, # 50 Exhibit 42, # 51 Exhibit 43, # 52 Exhibit 44, # 53 Exhibit 45)(Pudlin, Julia)
December 7, 2012 Filing 155 MEMORANDUM OF LAW in Support re: 149 MOTION for Preliminary Injunction.. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Pudlin, Julia)
November 29, 2012 Opinion or Order Filing 154 ORDER granting 145 Motion for David L. Zifkin to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 11/29/2012) (ama)
November 26, 2012 Filing 153 SEALED DOCUMENT placed in vault.(nm)
November 26, 2012 Filing 152 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Elyse D. Echtman, Hannah M. Stott-Bumsted, Hamish Hume and Jane G. Stevens dated 11/16/12 re: Counsel for the parties writes jointly to request an extension to 11/30/12 for the parties to agree on e-discovery protocols. Counsel also requests until 12/19/12 to submit any disputed issues that have arisen in the negotiation of the e-discovery protocol by Judge Fox. ENDORSEMENT: Application granted. So ordered. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/21/2012) (mro)
November 23, 2012 Filing 151 CERTIFICATE OF SERVICE of Motion for Preliminary Injunction and Supporting Documents served on DISH Network L.L.C., CBS Corporation, NBCUniversal Media, L.L.C. on 11/23/2012. Service was made by Federal Express. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Stott-Bumsted, Hannah)
November 23, 2012 Filing 150 DECLARATION of Marsha Reed in Support re: 149 MOTION for Preliminary Injunction.. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc.. (Attachments: # 1 Exhibit 1a, # 2 Exhibit 1b, # 3 Exhibit 1c)(Stott-Bumsted, Hannah)
November 23, 2012 Filing 149 MOTION for Preliminary Injunction. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc..(Stott-Bumsted, Hannah)
November 14, 2012 Filing 148 ENDORSED LETTER: addressed to Judge Laura Taylor Swain from Hannah M. Stott-Bumsted, Hamish Hume, Elyse D. Echtman, and Jane G. Stevens dated 10/25/2012 re: The Parties submit this joint letter application requesting that the Court approve the Parties' agreement to extend by three weeks the two deadlines set forth in Paragraph 12, sub-paragraph (c) of the Court's August 3, 2012 Pre-Trial Scheduling Order ("Scheduling Order"), and to make one other minor amendment to paragraph 1 of that Scheduling Order. ENDORSEMENT: Application granted. So Ordered. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/14/2012) (js)
November 14, 2012 Opinion or Order Filing 147 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Hannah M. Scott-Bumstead and Elyse D. Echtman dated 11/09/2012 re: Joint Letter Application To Set Briefing Schedule and Page Limitations For Briefing Relating to ABC's Preliminary Injunction Motion. ENDORSEMENT: The Proposed Schedule and page limits are approved. SO ORDERED., ( Motions due by 11/23/2012., Responses due by 12/21/2012, Replies due by 1/15/2013.) (Signed by Judge Laura Taylor Swain on 11/13/2012) (ama)
November 13, 2012 Filing 146 STIPULATION CONCERNING DISCOVERY, USE & CONFIDENTIALITY OF NIELSEN DATA...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/13/2012) (ft)
November 9, 2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 145 MOTION for David Laurence Zifkin to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7965955. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
November 9, 2012 Filing 145 MOTION for David Laurence Zifkin to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7965955. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CBS Broadcasting Inc., CBS Corporation, CBS Studios Inc, CBS Studios Inc., Survivor Productions LLC. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Zifkin, David)
November 5, 2012 Filing 144 ANSWER to 137 Counterclaim. Document filed by EchoStar Technologies, L.L.C..(Bicks, Peter)
November 5, 2012 Filing 143 ANSWER to 137 Counterclaim. Document filed by Dish Network L.L.C..(Bicks, Peter)
November 5, 2012 Opinion or Order Filing 142 ORDER FOR ADMISSION PRO HAC VICE granting 138 Motion for Julia H. Pudlin to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 10/26/2012) (lmb)
October 29, 2012 Filing 141 ANSWER to 133 Counterclaim. Document filed by Echostar Technologies L.L.C..(Bicks, Peter)
October 29, 2012 Filing 140 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent EchoStar Corporation for EchoStar Technologies, L.L.C.. Document filed by EchoStar Technologies, L.L.C..(Bicks, Peter)
October 26, 2012 Filing 139 ANSWER to 133 Counterclaim. Document filed by DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C..(Bicks, Peter)
October 24, 2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 138 MOTION for Julia H. Pudlin to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7936190. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
October 24, 2012 Filing 138 MOTION for Julia H. Pudlin to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7936190. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc., Disney Enterprises, Inc..(Pudlin, Julia)
October 12, 2012 Filing 137 ANSWER to 109 Amended Complaint,., COUNTERCLAIM against Dish Network L.L.C., EchoStar Technologies, L.L.C.. Document filed by CBS Corporation, CBS Broadcasting Inc., Survivor Productions LLC, CBS Studios Inc.(Schiller, Jonathan)
October 11, 2012 Filing 136 SUMMONS RETURNED EXECUTED Summons and Answer to Amended Complaint, Counterclaim,, served. EchoStar Technologies, L.L.C. served on 10/9/2012, answer due 10/30/2012. Service was accepted by Thomas Backiel, Managing Clerk. Document filed by Disney Enterprises, Inc.; American Broadcasting Companies, Inc.; ABC, Inc.. (Fuzesi, Stephen)
October 11, 2012 Filing 135 NOTICE OF APPEARANCE by Joshua Schiller on behalf of CBS Corporation (Schiller, Joshua)
October 10, 2012 Filing 134 ENDORSED LETTER addressed to Judge Laura Taylor Swain, from Thomas G. Hentoff and Elyse D. Echtman, dated 10/5/2012, re: Joint Letter Application to Extend Deadline for Completion of Discovery Relating to the ABC Parties' Preliminary Injunction Motion to October 23, 2012. ENDORSEMENT: The request is granted. ( Discovery due by 10/23/2012.) (Signed by Judge Laura Taylor Swain on 10/10/2012) (ja)
October 9, 2012 Filing 133 ANSWER to 109 Amended Complaint,., COUNTERCLAIM against DISH Network Corporation, Dish Network L.L.C., EchoStar Technologies, L.L.C.. Document filed by Disney Enterprises, Inc., American Broadcasting Companies, Inc., ABC, Inc.. (Attachments: # 1 Exhibit Schedule A)(Fuzesi, Stephen)
October 5, 2012 Filing 132 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Hamish Hume dated 10/4/2012 re: Defense counsel for CBS Corporation,CBS Broadcasting, Inc., CBS Studios Inc and Survivor Productions, LLC writes to request that the Court grant CBS an extension until October 12, 2012 to file a response to plaintiff's First Amended Complaint. ENDORSEMENT: The request is granted. CBS Corporation answer due 10/12/2012; CBS Studios Inc. answer due 10/12/2012; Survivor Productions LLC answer due 10/12/2012. (Signed by Judge Laura Taylor Swain on 10/4/2012) (ago)
October 5, 2012 Opinion or Order Filing 131 STIPULATION AND ORDER DEFENDANTS/COUNTER CLAIMPLAINTIFFS ABC, INC., AMERICAN BROADCASTING COMPANIES, INC., AND DISNEY ENTERPRISES, INC. TO FILE AMENDED ANSWER AND COUNTERCLAIMS TO PLAINTIFF'S FIRST AMENDED DECLARATORY,JUDGMENT COMPLAINT AND TO MODIFY THE CASE CAPTION: The attorneys for Defendants/Counterclaim Plaintiffs ABC, Inc., American Broadcasting Companies, Inc., and Disney Enterprises, Inc. (collectively, "ABC Parties") and Plaintiff/Counterclaim Defendant DISH Network, L.L.C. and Counterclaim Defendant DISH Network Corporation (collectively, "DISH") hereby stipulate and agree as follows: 1. Pursuant to Fed. R. Civ. P. 15(a)(2) and the Pre-Trial Scheduling Order entered in the above-captioned case (ECF No. 103), the ABC Parties may amend their Answer and Counterclaims by filing the attached proposed Amended Answer and Counterclaims to Plaintiff's First Amended Declaratory Judgment Complaint. This stipulation is made with reservation of all rights by all parties, and by stipulating to permit the ABC Parties to amend their Answer and Counterclaims, no party waives any rights. 2. The name of Echo Star Technologies L.L.C., should be added to the case caption as a Counterclaim Defendant in connection with the ABC Parties' Counterclaims. [n their Amended Answer and Counterclaims, the ABC Parties are adding Counterclaims against EchoStar Technologies L.L.C. The case caption of the ABC Parties' proposed Amended Answer and Counterclaims contains EchoStar Technologies L.L.C., and the parties respectfully request that the Court direct the Clerk of the Court to change the case caption in the records of this Court accordingly. 3. The ABC Parties' Answer to Plaintiff's First Amended Declaratory Judgment Complaint and Counterclaims, filed by the ABC Parties on August 31, 2012, is hereby superseded. The parties stipulate and agree that the ABC Parties' Amended Answer and Counterclaims will be deemed to be the Answer and Counterclaims to Plaintiffs First Amended Declaratory Judgment Complaint. The ABC Parties' Amended Answer and Counterclaims, including the modified case caption, is attached hereto as Exhibit 1. (Signed by Judge Laura Taylor Swain on 10/4/2012) (ago) Modified on 10/10/2012 (ago).
October 3, 2012 Opinion or Order Filing 129 ORDER CONSOLIDATING CASES: The Court has received the parties' joint request to consolidate these above captioned cases. It is hereby ORDERED as follows: The above-captioned actions are consolidated for all purposes pursuant to Federal Rule of Civil Procedure 42(a). The consolidated cases shall be referred to collectively as In re AutoHop Litigation, Master File 12 Civ. 4155 (LTS)(KNF). No action taken hereunder shall have the effect of making any person, firm or corporation a party to any action in which the person or entity has not been named, served, or added as such in accordance with the Federal Rules of Civil Procedure. A Master File is hereby established for the consolidated proceedings in the Consolidated Actions. The Master File shall be Civil Action No. 12 Civ. 4155 (LTS)(KNF). The original of this Order shall be docketed by the Clerk of Court in the Master File herein established. The Clerk shall maintain a separate file for each of the Consolidated Actions, and filings shall be made therein in accordance with the regular procedures of the Clerk of this Court except as modified by this Order. The Clerk shall docket a copy of this Order in each such separate file. Once the Clerk has docketed this Order, counsel of record in each of the Consolidated Actions will receive a Notice of Electronic Filing. Every pleading filed in the Consolidated Action, and in any separate action included therein, shall bear the caption listed herein. When a pleading is intended to be applicable to all actions to which this Order applies, the words "All Actions" shall appear immediately after the words "This Document Relates To:" in the caption. When a pleading is intended to apply to fewer than all of such actions, the docket number for each individual action to which it is intended to apply and the name of the plaintiff in said action shall appear immediately after the words "This Document Relates To:" in the caption. When a pleading or other paper is filed, the parties shall electronically file such paper pursuant to this Court's Guidelines and Amended Instructions for Electronic Case Filing. When the caption, pursuant to this Order, must show that it is applicable to "Both Actions," the parties shall file such paper in the Master File only. Docket entries shall not be made to each separate action. If the caption shows that it is applicable to fewer than "Both Actions," the parties shall file such paper in the Master File and electronically file such paper to the action to which it applies. (Signed by Judge Laura Taylor Swain on 10/3/2012) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(mro)
October 1, 2012 Set/Reset Deadlines: CBS Corporation answer due 10/5/2012. Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(ft)
October 1, 2012 Filing 130 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Hamish P.M. Hume dated 9/27/2012 re: Counsel requests that this Court consolidate the matters of Dish Network LLC v. ABC. Inc. et. al., Case No. 12-cv-4155 (LTS) (KNF) and CBS Broadcasting Inc. et al., v. Dish Network Corporation et al., Case No. 12-cv-6812 (LTS)(KNF), the proceedings in CBS Broadcasting Inc. et. al., v. Dish Network Corporation et al., Case No. 12-cv- 6812 (LTS)(KNF) be stayed, and CBS shall be granted an extension until October 5, 2012, to file a response to Dish Network LLC's First Amended Complaint. ENDORSEMENT: The foregoing requests are granted. A separate consolidation order will be entered. (Signed by Judge Laura Taylor Swain on 9/28/2012) Filed In Associated Cases: 1:12-cv-04155-LTS-KNF, 1:12-cv-06812-LTS(ft)
September 27, 2012 Filing 128 DECLARATION of Jane G. Stevens in Support re: 114 MOTION to Transfer Case to the Central District of California.. Document filed by NBC Universal Media, L.L.C.. (Attachments: # 1 Exhibit A)(Stevens, Jane)
September 27, 2012 Filing 127 REPLY MEMORANDUM OF LAW in Support re: 114 MOTION to Transfer Case to the Central District of California.. Document filed by NBC Universal Media, L.L.C.. (Stevens, Jane)
September 24, 2012 Filing 126 ANSWER to 120 Counterclaim. Document filed by DISH Network Corporation, Dish Network L.L.C..(Bicks, Peter)
September 24, 2012 Filing 125 ANSWER to 113 Counterclaim. Document filed by Dish Network L.L.C..(Bicks, Peter)
September 17, 2012 Filing 124 DECLARATION of Lisa T. Simpson in Opposition re: 114 MOTION to Transfer Case to the Central District of California.. Document filed by Dish Network L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Bicks, Peter)
September 17, 2012 Filing 123 MEMORANDUM OF LAW in Opposition re: 114 MOTION to Transfer Case to the Central District of California.. Document filed by Dish Network L.L.C.. (Bicks, Peter)
September 11, 2012 Opinion or Order Filing 122 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that subject to approval by the court, Defendant CBS Corporation substitutes Jonathan Schiller and Hamish Hume as counsel of record in place of the Mitchell Silberberg & Knupp Law firm and attorneys Jean Pierre Nogues; Robert H. Rotstein; Jane G Stevens; J. Matthew D. Williams; Patricia H. Benson and Jeffrey M. Movit terminated. The substitution of attorney is hereby approved and so ORDERED. (Signed by Judge Laura Taylor Swain on 9/10/2012) (ago) Modified on 9/13/2012 (ago).
September 10, 2012 Set/Reset Deadlines: CBS Corporation answer due 10/1/2012. (jfe)
September 10, 2012 Filing 121 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Hamish Hume dated 9/7/2012 re: Counsel respectfully requests that the Court endorse this letter and grant CBS an extension until 10/1/2012 to file a response to plaintiff's Fist Amended Complaint. ENDORSEMENT: The requested extension is granted. (Signed by Judge Laura Taylor Swain on 9/7/2012) (jfe)
August 31, 2012 Filing 120 ANSWER to 109 Amended Complaint,., COUNTERCLAIM against DISH Network Corporation, Dish Network L.L.C.. Document filed by Disney Enterprises, Inc., American Broadcasting Companies, Inc., ABC, Inc.. (Attachments: # 1 Exhibit Schedule A)(Hentoff, Thomas)
August 30, 2012 Filing 119 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Elyse D. Echtman dated 8/27/2012 re: Counsel for the plaintiff writes to request that its response to both the CBS and NBC motions be due on 9/11/2012. ENDORSEMENT: The request is denied. (Signed by Judge Laura Taylor Swain on 8/30/2012) (ft)
August 30, 2012 Filing 118 Letter addressed to Judge Laura Taylor Swain from Jane G. Stevens dated 8/27/2012 re: Counsel for the defendant writes regarding the correspondence submitted to the Court today by co-Defendant CBS Corporation ("CBS'') and Plaintiff DISH Network LL.C. (''DISH"). Document filed by NBC Universal Media, L.L.C.(ft)
August 30, 2012 Filing 117 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Jane G. Stevens dated 8/27/2012 re: Counsel for the defendant requests that the Court grant it a two-week extension of time in which to answer, move or otherwise respond to DISH's Amended Complaint, until September 11, 2012. ENDORSEMENT: The request is granted. CBS Corporation answer due 9/11/2012. (Signed by Judge Laura Taylor Swain on 8/30/2012) (ft)
August 29, 2012 Filing 116 DECLARATION of Jane G. Stevens in Support re: 114 MOTION to Transfer Case to the Central District of California.. Document filed by NBC Universal Media, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Stevens, Jane)
August 29, 2012 Filing 115 MEMORANDUM OF LAW in Support re: 114 MOTION to Transfer Case to the Central District of California.. Document filed by NBC Universal Media, L.L.C.. (Stevens, Jane)
August 29, 2012 Filing 114 MOTION to Transfer Case to the Central District of California. Document filed by NBC Universal Media, L.L.C..(Stevens, Jane)
August 29, 2012 Filing 113 ANSWER to 109 Amended Complaint,., COUNTERCLAIM against Dish Network L.L.C.. Document filed by NBC Universal Media, L.L.C..(Stevens, Jane)
August 21, 2012 Opinion or Order Filing 112 ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held in the above-captioned action on January 28, 2013, at 10:30 a.m., in courtroom 20A, 500 Pearl Street, New York, New York. The parties are directed to review and comply with the undersigned's Procedures Applicable to Cases Referred for Settlement, a copy of which is being provided to the parties with this Order. Additionally, at least seven days prior to the settlement conference, the parties must confer, in person or by telephone, to engage in good-faith settlement negotiations. Should the parties resolve the litigation prior to the conference date, they must notify the undersigned, in writing, immediately. ( Settlement Conference set for 1/28/2013 at 10:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/20/2012) (mro)
August 16, 2012 Filing 111 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceedings proceeding held on 8/3/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro)
August 16, 2012 Filing 110 TRANSCRIPT of Proceedings re: proceedings held on 8/3/2012 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2012. Redacted Transcript Deadline set for 9/20/2012. Release of Transcript Restriction set for 11/19/2012.(tro)
August 14, 2012 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Peter A. Bicks for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 109 Amended Complaint, to: caseopenings@nysd.uscourts.gov. (pl)
August 14, 2012 Filing 109 FIRST AMENDED DECLARATORY JUDGMENT COMPLAINT amending 1 Complaint, against ABC, Inc., American Broadcasting Companies, Inc., CBS Corporation, Disney Enterprises, Inc., NBC Universal Media, L.L.C. with JURY DEMAND.Document filed by Dish Network L.L.C.. Related document: 1 Complaint, filed by Dish Network L.L.C..(pl) (ml).
August 13, 2012 Filing 108 STIPULATION TO AMEND THE COMPLAINT AND MODIFY THE CASE CAPTION: IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the parties, pursuant to Fed. R. Civ. P. 15(a), that DISH Network L.L.C. ("DISH") may amend its complaint in this action by filing the attached proposed first amended complaint. This stipulation is made with reservation of all rights by all parties, and by stipulating to permit DISH to amend, no party waives any rights. IT IS FURTHER STIPULATED AND AGREED that the names of Fox Entertainment Group, Inc., Fox Television Holdings, Inc. and Fox Cable Network Services, L.L.C. should be removed from the case caption as defendants on DISH's declaratory judgment claims, and the names of ABC, Inc. and Disney Enterprises, Inc. should be added to the case caption as defendants on DISH's declaratory judgment claims. Pursuant to the Court's Memorandum Opinion and Order dated July 9, 2012 (Dkt. #90), those Fox entities are no longer parties to this action. In its first amended complaint, DISH is adding declaratory judgment claims against ABC, Inc. and Disney Enterprises, Inc. The case caption of DISH's proposed first amended complaint does not contain the Fox entities, and does contain ABC, Inc. and Disney Enterprises, Inc., and the parties respectfully request that the Court direct the Clerk of the Court to change the case caption in the records of this Court accordingly. IT IS FURTHER STIPULATED AND AGREED that counsel for ABC, Inc. and Disney Enterprises, Inc. consent to accept service of the summons and first amended complaint in this action on behalf of ABC, Inc. and Disney Enterprises, Inc. (Signed by Judge Laura Taylor Swain on 8/10/2012) (mro)
August 8, 2012 Filing 107 NOTICE OF APPEARANCE by Lisa T. Simpson on behalf of DISH Network Corporation, Dish Network L.L.C. (Simpson, Lisa)
August 6, 2012 Filing 106 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceedings proceeding held on 8/1/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro)
August 6, 2012 Filing 105 TRANSCRIPT of Proceedings re: proceedings held on 8/1/2012 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/30/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012.(tro)
August 3, 2012 Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Pretrial Conference held on 8/3/2012. IPTC held. PTC Scheduling Order to follow. Case is referred to MJ Fox for GPT. (Order to follow.) FPTC is scheduled for 12/6/2013 at 10:00am. ( Final Pretrial Conference set for 12/6/2013 at 10:00 AM before Judge Laura Taylor Swain.). (jfe)
August 3, 2012 Opinion or Order Filing 104 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Laura Taylor Swain on 8/3/2012) (lmb)
August 3, 2012 Opinion or Order Filing 103 PRE-TRIAL SCHEDULING ORDER NO. 1: Amended Pleadings due by 11/30/2012. Motions due by 7/19/2013. Expert Discovery due by 6/21/2013. Discovery due by 3/29/2013. Final Pretrial Conference set for 12/6/2013 at 10:00 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 8/3/2012) (lmb)
August 3, 2012 Opinion or Order Filing 102 ORDER: The Scheduling Order, courtesy copies of which were given to the parties at the August 3, 2012, Initial Pre-trial Conference, has been uploaded to ECF as Scheduling Order No. 1. (Signed by Judge Laura Taylor Swain on 8/3/2012) (lmb)
August 1, 2012 Minute Entry for proceedings held before Judge Laura Taylor Swain: Discovery Hearing held on 8/1/2012. As stated on the record in open court, Dish is directed to produce all Functional Requirements Documents within 24 hrs. (rjm)
August 1, 2012 Filing 100 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by ABC, Inc., American Broadcasting Companies, Inc., CBS Corporation, DISH Network Corporation, Dish Network L.L.C., Disney Enterprises, Inc., NBC Universal Media, L.L.C..(Echtman, Elyse)
July 31, 2012 Filing 98 ENDORSED LETTER addressed to Judge Laura Taylor Swain, from Elyse D. Echtman, dated 7/27/2012, re: joint request for an extension of time until Wednesday, August 1, 2012 to file the Initial Conference Report. ENDORSEMENT: The request is granted. The report must be filed, and a courtesy copy delivered to chambers by 12:00 p.m. noon on August 1, 2012. (Signed by Judge Laura Taylor Swain on 7/30/2012) (ja)
July 30, 2012 Filing 99 ENDORSED LETTER addressed to Judge Laura Taylor Swain, from Richard L. Stone, dated 7/27/2012, re: at the June 22, 2012 hearing concerning Fox's request for expedited discovery. Dish has purposefully chosen to produce a massive volume of documents that are more confidential, instead of producing the more readily understandable documents that were requested by Fox. Request that Your Honor set a brief telephone conference to resolve this pressing dispute. ENDORSEMENT: The conference will be conducted at 12:00 p.m. noon on Wednesday, August 1, 2012. Fox's counsel must call the courtroom Deputy (212-805-0424) on July 31, 2012 for call-in instructions. ( Telephone Conference set for 8/1/2012 at 12:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 7/30/2012) (ja)
July 25, 2012 Opinion or Order Filing 97 STIPULATION AND ORDER EXTENDING TIME OF CBS AND NBCU TO RESPOND TO COMPLAINT: THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the DISH, CBS and NBCU that the time for CBS and NBCU to answer, move or otherwise respond with respect to the operative complaint in the above-captioned action is hereby extended to and including the earlier of (a) 14 days following DISH's filing an amended complaint herein, whether on consent or by leave of Court, or (b) 14 days following a ruling on a motion by DISH for leave to amend its complaint that denies such leave. (Signed by Judge Laura Taylor Swain on 7/25/2012) (djc)
July 25, 2012 Opinion or Order Filing 96 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Laura Taylor Swain on 7/25/2012) (djc)
July 17, 2012 Filing 95 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by DISH Network Corporation.(Bicks, Peter)
July 16, 2012 Filing 94 ANSWER to 75 Counterclaim. Document filed by DISH Network Corporation, Dish Network L.L.C..(Echtman, Elyse)
July 16, 2012 Filing 93 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 7/2/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 16, 2012 Filing 92 TRANSCRIPT of Proceedings re: argument held on 7/2/2012 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/9/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/18/2012.(McGuirk, Kelly)
July 13, 2012 Filing 91 NOTICE OF APPEARANCE by Hannah Mary Stott-Bumsted on behalf of ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc. (Stott-Bumsted, Hannah)
July 9, 2012 Opinion or Order Filing 90 MEMORANDUM OPINION AND ORDER: #102050 For the foregoing reasons, Dish's request for an anti-suit injunction is denied and as further set forth in this conclusion re: 26 MOTION to Dismiss , Stay or Transfer filed by NBC Universal Media, L.L.C., CBS Corporation, 28 MOTION to Dismiss filed by The Fox Entertainment Group, Inc., Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., which are resolved. (Signed by Judge Laura Taylor Swain on 7/9/2012) (cd) Modified on 7/11/2012 (jab).
July 6, 2012 Filing 89 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/22/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(mt)
July 6, 2012 Filing 88 TRANSCRIPT of Proceedings re: Conference held on 6/22/2012 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/30/2012. Redacted Transcript Deadline set for 8/9/2012. Release of Transcript Restriction set for 10/9/2012.(mt)
July 3, 2012 Filing 86 SUMMONS RETURNED EXECUTED. DISH Network Corporation served on 6/25/2012, answer due 7/16/2012; Dish Network L.L.C. served on 6/25/2012, answer due 7/16/2012. Service was accepted by Narae Lee, Assistant Managing Clerk. Document filed by Disney Enterprises, Inc.; ABC, Inc.; American Broadcasting Companies, Inc.. (Baine, Kevin)
July 2, 2012 Minute Entry for proceedings held before Judge Laura Taylor Swain: Show Cause Hearing held on 7/2/2012. As stated on the record, the Court reserves itsdecision and will have a decision within a week. The TRO and Discovery Order shall remain in place. (pl)
July 2, 2012 Opinion or Order Filing 87 ORDER : The time allocation for arguments at the July 2, 2012, hearing are as follows: Dish Network: 20 minutes. Movants (collectively): 20 minutes. (Signed by Judge Laura Taylor Swain on 7/2/2012) (ft)
July 2, 2012 Opinion or Order Filing 85 ORDER: The time allocation for arguments at the July 2, 2012, hearing are as follows: Dish Network: 20 minutes; Movants (collectively): 20 minutes. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/02/2012) (ama)
June 29, 2012 Opinion or Order Filing 84 ORDER FOR ADMISSION PRO HAC VICE: granting 77 Motion for Thomas G. Hentoff to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/29/2012) (js)
June 29, 2012 Opinion or Order Filing 83 ORDER FOR ADMISSION PRO HAC VICE: granting 76 Motion for James M. McDonald to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/29/2012) (js)
June 28, 2012 CASHIERS OFFICE REMARK on 77 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 06/26/2012, Receipt Number 1041965. (jd)
June 28, 2012 CASHIERS OFFICE REMARK on 76 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 06/22/2012, Receipt Number 1041818. (jd)
June 28, 2012 CASHIERS OFFICE REMARK on 66 Motion to Appear Pro Hac Vice, 65 Motion to Appear Pro Hac Vice, 68 Motion to Appear Pro Hac Vice in the amount of $800.00, paid on 06/20/2012, Receipt Number 1041539, 1041540, 1041541, 1041542. (jd)
June 27, 2012 Filing 82 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Elyse D. Echtman dated 6/26/12 re: Counsel writes to request that the 6/28/12 hearing be held on 7/2/12 at 6 p.m. ENDORSEMENT: The hearing will be held on July 2, 2012, at 6:00 pm. ( Show Cause Hearing set for 7/2/2012 at 06:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 6/26/2012) (mro)
June 27, 2012 Opinion or Order Filing 81 ORDER granting 68 Motion for J. Matthew Williams to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/26/2012) (ama)
June 27, 2012 Opinion or Order Filing 80 ORDER granting 67 Motion for Robert H. Rotstein to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/26/2012) (ama)
June 27, 2012 Opinion or Order Filing 79 ORDER granting 66 Motion for Patricia H. Benson to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/26/2012) (ama)
June 27, 2012 Opinion or Order Filing 78 ORDER granting 65 Motion for Jean Pierre Nogues to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/26/2012) (ama)
June 26, 2012 Filing 77 MOTION for Thomas G. Hentoff to Appear Pro Hac Vice. Document filed by ABC, Inc., American Broadcasting Companies, Inc., Disney Enterprises, Inc..(bwa)
June 22, 2012 Filing 76 MOTION for James M. McDonald to Appear Pro Hac Vice. Document filed by American Broadcasting Companies, Inc.(pgu)
June 22, 2012 Minute Entry for proceedings held before Judge Laura Taylor Swain: Discovery Hearing held on 6/22/2012. Show Cause Hearing is scheduled for 6/28/2012 at 6:00pm. If counsel is unavailable then, Show Cause Hearing is scheduled for 7/2/2012 at 6:00pm. (mro)
June 22, 2012 Filing 75 ANSWER to 1 Complaint,., COUNTERCLAIM against Dish Network L.L.C., DISH Network Corporation. Document filed by American Broadcasting Companies, Inc., Disney Enterprises, Inc., ABC, Inc.. (Attachments: # 1 Exhibit Schedule A)(Baine, Kevin)
June 22, 2012 Filing 74 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Walt Disney Company for ABC, Inc., Disney Enterprises, Inc.. Document filed by ABC, Inc., Disney Enterprises, Inc..(Baine, Kevin)
June 21, 2012 Filing 73 NOTICE OF APPEARANCE by Stephen Joseph Fuzesi on behalf of American Broadcasting Companies, Inc. (Fuzesi, Stephen)
June 21, 2012 Filing 72 DECLARATION of Michael W. Ross in Support re: 71 Reply Memorandum of Law in Support of Motion. Document filed by Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., The Fox Entertainment Group, Inc.. (Attachments: # 1 Exhibit 1)(Ross, Michael)
June 21, 2012 Filing 71 REPLY MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss.. Document filed by Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., The Fox Entertainment Group, Inc.. (Kohlmann, Susan)
June 21, 2012 Filing 70 DECLARATION of Jean Pierre Nogues in Support re: 26 MOTION to Dismiss , Stay or Transfer.. Document filed by CBS Corporation, NBC Universal Media, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Certificate of Service)(Stevens, Jane)
June 21, 2012 Filing 69 REPLY MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss , Stay or Transfer.. Document filed by CBS Corporation, NBC Universal Media, L.L.C.. (Attachments: # 1 Certificate of Service)(Stevens, Jane)
June 20, 2012 Filing 68 MOTION for J. Matthew Williams to Appear Pro Hac Vice. Document filed by CBS Corporation, NBC Universal Media, L.L.C.(pgu)
June 20, 2012 Filing 67 MOTION for Robert H. Rotstein to Appear Pro Hac Vice. Document filed by CBS Corporation, NBC Universal Media, L.L.C.(pgu)
June 20, 2012 Filing 66 MOTION for Patricia H. Benson to Appear Pro Hac Vice. Document filed by CBS Corporation, NBC Universal Media, L.L.C.(pgu)
June 20, 2012 Filing 65 MOTION for Jean Pierre Nogues to Appear Pro Hac Vice. Document filed by CBS Corporation, NBC Universal Media, L.L.C.(pgu)
June 20, 2012 Filing 64 RESPONSE to Motion re: 26 MOTION to Dismiss , Stay or Transfer., 28 MOTION to Dismiss.. Document filed by American Broadcasting Companies, Inc.. (Baine, Kevin)
June 20, 2012 Set/Reset Hearings: Status Conference set for 6/22/2012 at 03:45 PM before Judge Laura Taylor Swain. (djc)
June 20, 2012 Filing 63 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Susan J. Kohlmann dated 6/8/2012 re: Pursuant to Local Civil Rule 37.2, Fox Entertainment Group, Inc., Fox Television Holdings, Inc., and Fox Cable Network Services, L.L.C. request an informal conference with the Court and permission to file a motion seeking expedited discovery from Dish Network L.L.C. ("Dish"). ENDORSEMENT: The Court will conference this matter on June 22, 20912, at 3:45 p.m. in Courtroom 11C. Counsel wishing to participate by telephone must make their own conference call arrangements and contact the Courtroom Deputy, Ms. Ng, at 212-805-0424 for instructions s to how to contact the courtroom speakerphone. Fox must provide the court and all counsel with its specific discovery requests by 4:00 p.m. on June 20, 2012. (Signed by Judge Laura Taylor Swain on 6/19/2012) (djc)
June 20, 2012 Filing 62 Letter addressed to Judge Laura Taylor Swain from Elyse D. Echtman dated 6/12/2012 re: We write in response to the letter of June 8, 2012 from defendants Fox Entertainment Group, Inc., Fox Television Holdings, Inc., and Fox Cable Network Services, L.L.C.'s (collectively, "Fox") in which Fox requests an informal conference with the Court and permission to file a motion seeking expedited discovery from plaintiff DISH Network L.L.C. ("DISH"). For the reasons set forth below, Fox's request is premature. DISH respectfully requests that Fox be encouraged to confer with all parties to arrive at an overall case management plan that provides for discovery to take place in an orderly and coordinated fashion once the Court resolves Fox's venue challenge, Fox files an appropriate pleading in New York, and all of the parties have met and conferred to agree on a workable schedule. Document filed by Dish Network L.L.C.(lmb)
June 20, 2012 Filing 61 Letter addressed to Judge Laura Taylor Swain from Jane G. Stevens dated 6/14/2012 re: We write on behalf of Defendants CBS Corporation and NBCUniversal Media, LLC (collectively, "CBS/NBCUniversal"). We have received a copy of the June 8, 2012 letter written to Your Honor by counsel for the Fox defendants requesting an informal conference and permission to file a motion seeking expedited discovery, arid the June 12, 2012 response from counsel for plaintiff Dish Network L.L.C. ("Dish"). Document filed by CBS Corporation, NBC Universal Media, L.L.C.(lmb)
June 20, 2012 CASHIERS OFFICE REMARK on 50 Motion to Appear Pro Hac Vice, 49 Motion to Appear Pro Hac Vice, 48 Motion to Appear Pro Hac Vice in the amount of $600.00, paid on 06/15/2012, Receipt Number 1041141, 1041142, 1041143. (jd)
June 20, 2012 CASHIERS OFFICE REMARK on 43 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 06/08/2012, Receipt Number 1040538. (jd)
June 20, 2012 CASHIERS OFFICE REMARK on 18 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 06/06/2012, Receipt Number 1040303. (jd)
June 20, 2012 CASHIERS OFFICE REMARK on 17 Motion to Appear Pro Hac Vice, 16 Motion to Appear Pro Hac Vice in the amount of $400.00, paid on 06/05/2012, Receipt Number 1040101, 1040102. (jd)
June 19, 2012 Opinion or Order Filing 60 STIPULATION AND ORDER EXTENDING TIME: American Broadcasting Companies, Inc. answer due 6/22/2012. (Signed by Judge Laura Taylor Swain on 6/19/2012) (jar)
June 19, 2012 Opinion or Order Filing 59 ORDER granting 43 Motion for David R. Singer to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/19/2012) (ama)
June 19, 2012 Opinion or Order Filing 58 ORDER granting 49 Motion for Amy M. Gallegos to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/19/2012) (ama)
June 19, 2012 Opinion or Order Filing 57 ORDER granting 50 Motion for Richard L. Stone to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/19/2012) (ama)
June 19, 2012 Opinion or Order Filing 56 ORDER granting 48 Motion for Andrew J. Thomas to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/19/2012) (ama)
June 19, 2012 Filing 55 DECLARATION of Service re: 41 Order Designating Case Complex Civil Case,, 42 Order for Initial Pretrial Conference,. Document filed by Dish Network L.L.C.. (Echtman, Elyse)
June 18, 2012 Filing 54 NOTICE OF CHANGE OF ADDRESS by Annette Louise Hurst on behalf of Dish Network L.L.C.. New Address: Orrick, Herrington & Sutcliffe LLP, 405 Howard Street, San Francisco, CA, USA 94105, 415-773-5700. (Hurst, Annette)
June 18, 2012 Filing 53 DECLARATION of Elyse D. Echtman re: 51 Memorandum of Law,. Document filed by Dish Network L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Echtman, Elyse)
June 18, 2012 Filing 52 DECLARATION of David Shull re: 51 Memorandum of Law,. Document filed by Dish Network L.L.C.. (Bicks, Peter)
June 18, 2012 Filing 51 MEMORANDUM OF LAW Of Plaintiff DISH Network L.L.C. In Opposition To The Cross-Motions Of Defendants Fox Entertainment Group, Inc., Fox Television Holdings, Inc., Fox Cable Network Services, L.L.C., CBS Corporation and NBCUniversal Media, L.L.C. And In Further Support Of Plaintiff's Motion For An Anti-Suit Injunction. Document filed by Dish Network L.L.C.. (Bicks, Peter)
June 15, 2012 Filing 50 MOTION for Richard L. Stone to Appear Pro Hac Vice. Document filed by Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., The Fox Entertainment Group, Inc..(bwa)
June 15, 2012 Filing 49 MOTION for Amy M. Gallegos to Appear Pro Hac Vice. Document filed by Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., The Fox Entertainment Group, Inc..(bwa)
June 15, 2012 Filing 48 MOTION for Andrew J. Thomas to Appear Pro Hac Vice. Document filed by Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., The Fox Entertainment Group, Inc..(bwa)
June 15, 2012 Filing 47 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Walt Disney Company for American Broadcasting Companies, Inc.. Document filed by American Broadcasting Companies, Inc..(Baine, Kevin)
June 15, 2012 Filing 46 NOTICE OF APPEARANCE by Kevin Taylor Baine on behalf of American Broadcasting Companies, Inc. (Baine, Kevin)
June 13, 2012 Filing 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/30/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 13, 2012 Filing 44 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/30/2012 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/9/2012. Redacted Transcript Deadline set for 7/19/2012. Release of Transcript Restriction set for 9/14/2012.(McGuirk, Kelly)
June 11, 2012 Opinion or Order Filing 42 INITIAL CONFERENCE ORDER: Initial Conference set for 8/3/2012 at 09:45 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. Further instructions as set forth within this order. (Signed by Judge Laura Taylor Swain on 6/11/2012) (jar)
June 11, 2012 Opinion or Order Filing 41 ORDER DESIGNATING CASE FOR INCLUSION IN PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES. This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the "Pilot Project"). The parties are directed to the court's website for a description of the Pilot Project, including procedures to be followed, at www.nysd.uscourts.gov. (Signed by Judge Laura Taylor Swain on 6/11/2012) (jar)
June 11, 2012 Opinion or Order Filing 40 ORDER granting 17 Motion for Mark A. Lemley to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/11/2012) (ama)
June 11, 2012 Opinion or Order Filing 39 ORDER granting 16 Motion for Michael H. Page to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/11/2012) (ama)
June 11, 2012 Opinion or Order Filing 38 ORDER granting 18 Motion for ANNETTE LOUISE HURST to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 6/11/2012) (ama)
June 8, 2012 Filing 43 MOTION for David R. Singer to Appear Pro Hac Vice. Document filed by Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., The Fox Entertainment Group, Inc..(bwa)
June 8, 2012 Filing 37 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate GAMCO Investors, Inc., Other Affiliate National Amusements, Inc. for CBS Corporation. Document filed by CBS Corporation.(Stevens, Jane)
June 8, 2012 Filing 36 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate General Electric Corporation, Other Affiliate Comcast Corporation for NBC Universal Media, L.L.C.. Document filed by NBC Universal Media, L.L.C..(Stevens, Jane)
June 8, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENTS - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Jane G Stevens to RE-FILE Documents 25 Rule 7.1 Corporate Disclosure Statement, 24 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (lb)
June 8, 2012 Filing 35 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss Dish Network's Complaint, Memorandum of Law in Support of Motion to Dismiss, Memorandum of Law in Opposition to Dish's Motion for an Anti-Suit Injunction, and the Declaration of Michael Biard in Support of Fox's Opposition to Dish's Motion for Anti-Suit Injunction served on Peter A. Bricks, E. Joshua Rosenkranz, Elyse D. Echtman, Annette Louise Hurst, Mark Alan Lemley, Michael H. Page and Jane G. Stevens on 06/08/2012. Document filed by Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., The Fox Entertainment Group, Inc.. (Ross, Michael)
June 8, 2012 Filing 34 DECLARATION of Michael Biard in Opposition re: 3 Order to Show Cause,,,,,,,,. Document filed by Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., The Fox Entertainment Group, Inc.. (Kohlmann, Susan)
June 8, 2012 Filing 33 MEMORANDUM OF LAW in Opposition re: 3 Order to Show Cause,,,,,,,, / Fox's Memorandum of Law in Opposition to Dish's Motion for an Anti-Suit Injunction. Document filed by Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., The Fox Entertainment Group, Inc.. (Kohlmann, Susan)
June 8, 2012 Filing 32 DECLARATION of Gabriela Kornzweig in Support re: 26 MOTION to Dismiss , Stay or Transfer.. Document filed by CBS Corporation, NBC Universal Media, L.L.C.. (Attachments: # 1 Certificate of Service)(Stevens, Jane)
June 8, 2012 Filing 31 DECLARATION of Carly Seabrook in Support re: 26 MOTION to Dismiss , Stay or Transfer.. Document filed by CBS Corporation, NBC Universal Media, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Certificate of Service)(Stevens, Jane)
June 8, 2012 Filing 30 MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss.. Document filed by Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., The Fox Entertainment Group, Inc.. (Kohlmann, Susan)
June 8, 2012 Filing 29 DECLARATION of Lura Burton in Support re: 26 MOTION to Dismiss , Stay or Transfer.. Document filed by CBS Corporation, NBC Universal Media, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Certificate of Service)(Stevens, Jane)
June 8, 2012 Filing 28 MOTION to Dismiss. Document filed by Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., The Fox Entertainment Group, Inc.. Return Date set for 7/2/2012 at 06:00 PM.(Kohlmann, Susan)
June 8, 2012 Filing 27 MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss , Stay or Transfer. and in Opposition to Plaintiff's Motion for Anti-Suit Injunction. Document filed by CBS Corporation, NBC Universal Media, L.L.C.. (Attachments: # 1 Certificate of Service)(Stevens, Jane)
June 8, 2012 Filing 26 MOTION to Dismiss , Stay or Transfer. Document filed by CBS Corporation, NBC Universal Media, L.L.C.. Responses due by 6/18/2012 (Attachments: # 1 Certificate of Service)(Stevens, Jane)
June 8, 2012 Filing 25 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by NBC Universal Media, L.L.C..(Stevens, Jane) Modified on 6/8/2012 (lb).
June 8, 2012 Filing 24 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by CBS Corporation.(Stevens, Jane) Modified on 6/8/2012 (lb).
June 8, 2012 Filing 23 NOTICE OF APPEARANCE by Jeffrey M. Movit on behalf of CBS Corporation, NBC Universal Media, L.L.C. (Movit, Jeffrey)
June 8, 2012 Filing 22 NOTICE OF APPEARANCE by Jane G Stevens on behalf of CBS Corporation, NBC Universal Media, L.L.C. (Stevens, Jane)
June 7, 2012 Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent News Corporation for Fox Television Holdings, Inc., The Fox Entertainment Group, Inc.; Corporate Parent News Corporation for Fox Cable Network Services, L.L.C.. Document filed by Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., The Fox Entertainment Group, Inc..(Ross, Michael)
June 7, 2012 Filing 20 NOTICE OF APPEARANCE by Michael W. Ross on behalf of Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., The Fox Entertainment Group, Inc. (Ross, Michael)
June 7, 2012 Filing 19 NOTICE OF APPEARANCE by Susan Joan Kohlmann on behalf of Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., The Fox Entertainment Group, Inc. (Kohlmann, Susan)
June 6, 2012 Filing 18 MOTION for Annette Louise Hurst to Appear Pro Hac Vice. Document filed by Dish Network L.L.C.(pgu) (pgu).
June 5, 2012 Filing 17 MOTION for Mark A. Lemley to Appear Pro Hac Vice. Document filed by Dish Network L.L.C.(pgu)
June 5, 2012 Filing 16 MOTION for Michael H. Page to Appear Pro Hac Vice. Document filed by Dish Network L.L.C.(pgu)
June 1, 2012 Filing 15 DECLARATION of Service by email. Document filed by Dish Network L.L.C.. (Echtman, Elyse)
June 1, 2012 Filing 14 AFFIDAVIT OF SERVICE of Order to Show Cause dated 5/30/12, Declaration of David Shull, Declaration of Elyse D. Echtman with Exhibits and the Memorandum of Law in Support of DISH Networks LLCs Motion for an Anti-Suit Injunction and Temporary Restraining Order served on all Defendants on 5/30/12. Service was made by Hand. Document filed by Dish Network L.L.C.. (Echtman, Elyse)
June 1, 2012 Filing 13 Letter addressed to Judge Laura Taylor Swain from Susan J. Kohlmann dated 5/29/12 re: Counsel for FOX requests that DISH's application for a temporary restraining order be denied.. Document filed by Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc. (mro)
June 1, 2012 Filing 12 DECLARATION of Elyse D. Echtman in Support re: 3 Order to Show Cause,,,,,,,,. Document filed by Dish Network L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Echtman, Elyse)
June 1, 2012 Filing 11 DECLARATION of David Shull in Support re: 3 Order to Show Cause,,,,,,,,. Document filed by Dish Network L.L.C.. (Bicks, Peter)
June 1, 2012 Filing 10 MEMORANDUM OF LAW in Support re: 3 Order to Show Cause,,,,,,,,. Document filed by Dish Network L.L.C.. (Bicks, Peter)
June 1, 2012 Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint, served. NBC Universal Media, L.L.C. served on 5/25/2012, answer due 6/15/2012. Service was accepted by Aixa Flores. Document filed by Dish Network L.L.C.. (Echtman, Elyse)
June 1, 2012 Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Fox Cable Network Services, L.L.C. served on 5/25/2012, answer due 6/15/2012. Service was accepted by Margaret Wilson. Document filed by Dish Network L.L.C.. (Echtman, Elyse)
June 1, 2012 Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Fox Television Holdings, Inc. served on 5/25/2012, answer due 6/15/2012. Service was accepted by Aixa Flores. Document filed by Fox Television Holdings, Inc.. (Echtman, Elyse)
June 1, 2012 Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint, served. The Fox Entertainment Group, Inc. served on 5/25/2012, answer due 6/15/2012. Service was accepted by Aixa Flores. Document filed by Dish Network L.L.C.. (Echtman, Elyse)
June 1, 2012 Filing 5 SUMMONS RETURNED EXECUTED Summons and Complaint, served. CBS Corporation served on 5/25/2012, answer due 6/15/2012. Service was accepted by Steve Pastore. Document filed by Dish Network L.L.C.. (Echtman, Elyse)
June 1, 2012 Filing 4 SUMMONS RETURNED EXECUTED Summons and Complaint, served. American Broadcasting Companies, Inc. served on 5/25/2012, answer due 6/15/2012. Service was accepted by Steve Pastore. Document filed by Dish Network L.L.C.. (Echtman, Elyse)
May 30, 2012 Minute Entry: for proceedings held before Judge Laura Taylor Swain: Show Cause Hearing held on 5/30/2012. ORDER TO SHOW CAUSE HEARING held. The Court grants plaintiff's Order to Show Cause with TRO. (Order to follow.) Show Cause Hearing is scheduled for 7/2/2012 at 6:00pm. (djc)
May 30, 2012 Set/Reset Deadlines: Cross Motions due by 6/8/2012. Responses due by 6/18/2012. Replies due by 6/21/2012. (lmb)
May 30, 2012 Opinion or Order Filing 3 ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER:It is hereby: ORDERED, that Fox, CBS and NBC show cause before this Court on July 2, 2012, at 6 o'clock p.m., or as soon thereafter as counsel may be heard in Courtroom 11C of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007-1312, why an order should not be made and entered herein, pursuant to Rule 65 of the Federal Rules of Civil Procedure, and the inherent powers of this court, enjoining and restraining Fox, CBS and NBC, together with their officers, agents, servants, employees, attorneys and other parties acting in concert with them, from prosecuting the actions titled Fox Broadcasting Company, Inc., Twentieth Century Fox Film Corp, and Fox Television Holdings, Inc. v. DISH Network L.L.C. and DISH Network Corp., Case No. 12-CV-04529 (C.D. Cal.) (King, J.), NBC Studios, L.L.C, Universal Network Television, L.L.C., Open 4 Business Productions L.L.C, and NBCUniversal Media, L.L.C. v. DISH Network Corporation and DISH Network L.L.C., Case No. 12-CV-04536 (C.D. Cal.) (Lew, J.) CBS Broadcasting Inc., CBS Studios Inc., and Survivor Productions L.L. C. v. DISH Network Corporation and DISH Network L.L.C., Case No. 12-CV-4551 (C.D. Cal.) (Anderson, J.) or any further litigation embracing the facts alleged in this action or the above-referenced actions in the Central District of California. IT IS FURTHER ORDERED that papers in opposition to this motion, if any, and any cross motion to dismiss, be served on DISH's attorney so as to be received by them, in hand or by e-mail, on or before June 18, 2012, at 12 o'clock p.m. Reply papers on cross motion by June 21, 2012 at 12pm. Courtesy copies of all papers to chambers at time of filing and service. All papers to be filed when served and as further set forth in this order. Show Cause Hearing set for 7/2/2012 at 06:00 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 5/30/2012) (lmb)
May 29, 2012 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Dish Network Corporation for Dish Network L.L.C.. Document filed by Dish Network L.L.C..(Bicks, Peter)
May 24, 2012 Mailed notice to Register of Copyrights to report the filing of this action. (ama)
May 24, 2012 Case Designated ECF. (ama)
May 24, 2012 Magistrate Judge Kevin Nathaniel Fox is so designated. (ama)
May 24, 2012 SUMMONS ISSUED as to American Broadcasting Companies, Inc., CBS Corporation, Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., NBC Universal Media, L.L.C., The Fox Entertainment Group, Inc. (ama)
May 24, 2012 Filing 1 COMPLAINT against American Broadcasting Companies, Inc., CBS Corporation, Fox Cable Network Services, L.L.C., Fox Television Holdings, Inc., NBC Universal Media, L.L.C., The Fox Entertainment Group, Inc. (Filing Fee $ 350.00, Receipt Number 9264)Document filed by Dish Network L.L.C.(ama)

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Search for this case: Dish Network L.L.C. v. ABC, Inc. et al
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Plaintiff: Dish Network L.L.C.
Represented By: Peter A. Bicks
Represented By: Elyse D. Echtman
Represented By: Annette Louise Hurst
Represented By: Mark Alan Lemley
Represented By: Michael H. Page
Represented By: E. Joshua Rosenkranz
Represented By: Lisa T. Simpson
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Defendant: American Broadcasting Companies, Inc.
Represented By: Kevin Taylor Baine
Represented By: Stephen Joseph Fuzesi
Represented By: Thomas G. Hentoff
Represented By: James M. McDonald
Represented By: Hannah Mary Stott-Bumsted
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Defendant: CBS Corporation
Represented By: Patricia H. Benson
Represented By: Jeffrey M. Movit
Represented By: Jean Pierre Nogues
Represented By: Robert H. Rotstein
Represented By: Jane G Stevens
Represented By: J. Matthew D. Williams
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Defendant: NBC Universal Media, L.L.C.
Represented By: Patricia H. Benson
Represented By: Jeffrey M. Movit
Represented By: Jean Pierre Nogues
Represented By: Robert H. Rotstein
Represented By: Jane G Stevens
Represented By: J. Matthew D. Williams
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Defendant: ABC, Inc.
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Defendant: Disney Enterprises, Inc.
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Counter_claimant: ABC, Inc.
Represented By: Kevin Taylor Baine
Represented By: Thomas G. Hentoff
Represented By: Kevin Taylor Baine
Represented By: Thomas G. Hentoff
Represented By: Hannah Mary Stott-Bumsted
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Counter_claimant: Disney Enterprises, Inc.
Represented By: Kevin Taylor Baine
Represented By: Thomas G. Hentoff
Represented By: Kevin Taylor Baine
Represented By: Thomas G. Hentoff
Represented By: Hannah Mary Stott-Bumsted
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Counter_claimant: American Broadcasting Companies, Inc.
Represented By: Kevin Taylor Baine
Represented By: Stephen Joseph Fuzesi
Represented By: Thomas G. Hentoff
Represented By: Hannah Mary Stott-Bumsted
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Counter_defendant: DISH Network Corporation
Represented By: Elyse D. Echtman
Represented By: Lisa T. Simpson
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Counter_defendant: Dish Network L.L.C.
Represented By: Peter A. Bicks
Represented By: Elyse D. Echtman
Represented By: Annette Louise Hurst
Represented By: Mark Alan Lemley
Represented By: Michael H. Page
Represented By: E. Joshua Rosenkranz
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