Joint Stock Company Channel One Russia Worldwide et al v. Infomir LLC et al
| Joint Stock Company Channel One Russia Worldwide, Closed Joint Stock Company CTC Network, Closed Joint Stock Company TV Darial, Closed Joint Stock Company New Channel, Limited Liability Company Rain TV-Channel, Limited Liability Company Veriselintel, Open Joing Stock Company Accept and Limited Liability Company Comedy TV |
| Infomir LLC, Panorama TV, Goodzone TV, Actava TV, Inc., Master Call Communications, Inc., Master Call Corporation, Rouslan Tsoutiev and John Does 1-50 |
| 1:2016cv01318 |
| February 19, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| George B. Daniels |
| Barbara C. Moses |
| Cable/Satellite TV |
| 47 U.S.C. ยง 605 Unlawful Reception Broadcast Signal i.e., Satellite - Theft of Satellite Communications |
| None |
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Filing
1008
ORDER re: 997 Report and Recommendations. The parties shall have fourteen (14) days from the date of this order, until August 31, 2022, to file any written objections to the Amended Report and Recommendation issued March 9, 2022 (ECF No. 997). Consistent with the Amended Report and Recommendation, Plaintiff Channel One is directed to file any application for an award of attorneys' fees and costs no later than thirty (30) days after this Court's decision on Channel One's motion for summary judgment (ECF No. 913). SO ORDERED. ( Objections to R&R due by 8/31/2022) (Signed by Judge George B. Daniels on 8/17/2022) (kv)
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Filing
1002
ORDER: The parties shall have thirty (30) days from the date of this order to file written objections to the Amended Report and Recommendation issued March 9, 2022 (ECF No. 997) SO ORDERED. (Signed by Judge George B. Daniels on 4/05/2022) (ama)
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Filing
987
ORDER: The text-only order dated February 11, 2022 (Dkt. No. 984), having been entered in this action inadvertently, the Court respectfully directs the Clerk of Court to STRIKE the entry at Dkt. No. 984 from the docket. (Signed by Magistrate Judge Barbara C. Moses on 2/14/2022) (rro)
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Filing
969
MEMORANDUM AND ORDER DENYING RECONSIDERATION MOTION denying 964 Letter Motion for Extension of Time to File; denying 964 Letter Motion for Leave to File Excess Pages; denying 964 Letter Motion for Leave to File Document. For the reasons set forth above, SKM's reconsideration motion is DENIED. The Clerk of Court is respectfully directed to close the letter-motion at Dkt. No. 964. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/6/2022) (mml)
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Filing
965
ORDER: By letter-motion dated December 20, 2021 (Dkt. No. 963), refiled on December 24, 2021 (Dkt. No. 964), defendant SK Management of New York (SKM) seeks relief from this Court's Order dated December 6, 2021 (Dkt. No. 962), which advised SKM that the last six pages of its refiled and improperly expanded summary judgment opposition brief (Dkt. No. 958) were deemed stricken and would be disregarded by the Court. SKM's pending letter-motion is addressed to Judge Daniels and Judge Mose s, and states that is made pursuant to Fed. R. Civ. P. 72 and Fed. R. Civ. P.60.SKM must specify no later than December 29, 2021 - in writing, but without argument whether it is requesting judicial relief: and further set forth in this Order. If SKM fails to clarify the relief sought, the undersigned magistrate judge will construe the motion as one for reconsideration pursuant to Local Civ. R. 6.3.Plaintiffs may respond to SKM's letter-motion on or before January 4, 2022. ( Responses due by 1/4/2022) (Signed by Magistrate Judge Barbara C. Moses on 12/27/2021) (rro)
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Filing
948
ORDER denying 944 Motion to Strike document 944 MOTION to Strike Document No. 940 . filed by Limited Liability Company Rain TV-Channel, Closed Joint Stock Company New Channel, Limited Liability Company Global Entertainment TV, Closed Joint Stock Company TV Darial, Closed Joint Stock Company CTC Network from the record. The Court is in receipt of defendant S.K. Management of New York, Inc.'s (SKM) opposition to plaintiffs' motions for summary judgment ( Dkt. No. 940), which remains unsigned. It is hereby ORDERED that SKM shall re-file its opposition, signed by its attorney, no later than December 3, 2021. Plaintiffs' motion to strike (Dkt. No. 944) is otherwise DENIED. (Signed by Magistrate Judge Barbara C. Moses on 11/29/2021) (rro)
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Filing
897
ORDER: The Court will conduct oral argument on the parties' Daubert motions in Room 20A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York,New York 10007, on June 22, 2021, at 10:00 a.m. The parties should re view the Courthouse's COVID-19 rules, located at https://www.nysd.uscourts.gov/covid-19-coronavirus, prior to arriving for the argument. (As further set forth in this Order.) ( Oral Argument set for 6/22/2021 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 5/19/2021) (cf)
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Filing
874
ORDER granting 873 Letter Motion for Extension of Time to File. Application GRANTED. The deadline to submit Daubert motions is February 16, 2021. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 2/11/2021) (cf)
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Filing
856
ORDER: Discovery having been completed on October 28, 2020 (see Dkt. No. 851), and defendants having requested a jury trial (see Dkt. Nos. 751, 752), the parties are reminded that motions for summary judgment, if any, are due no later than November 30, 2020. (See Dkt. No. 796 paragrapgh 5.)( Motions due by 11/30/2020.) (Signed by Magistrate Judge Barbara C. Moses on 11/10/2020) (cf)
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Filing
855
ORDER terminating 852 Letter Motion for Discovery. The parties appear to agree that both questions now before the Court are entrusted to its sound discretion. See Infomir Ltr. dated Oct. 9, 2010 (Dkt. No. 853) at 2-3; Pl. Reply Ltr. dated O ct. 13, 2020 (Dkt. No. 853) at 3; see also Fed. R. Civ. P. 26(c)(1)(B) (court may specify "terms" of discovery, "including time and place or the allocation of expenses"). The parties have further agreed that, due to the six-ho ur time difference between New York and Wiesbaden, where Dietrich will be testifying by remote means, his deposition will take place over two days. However, plaintiffs seek to begin at 8:00 a.m. Eastern time (which is 2:00 p.m. German time) on O ctober 22, 2020, for the first day, and at the same time on October 26 or 28, 2020, for the second day, Pl. Ltr. at 3. The deposition of Dmitri Dietrich shall be conducted in the English language. The Clerk of Court is respectfully directed to close the letter-motion at Dkt. No. 852. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 10/15/2020) (cf) Modified on 10/15/2020 (cf). (Main Document 855 replaced on 10/15/2020) (cf).
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Filing
851
ORDER denying 843 Motion for Reconsideration re 840 Order; granting 848 Letter Motion for Extension of Time to Complete Discovery. The parties' letter-application dated September 16, 2020 (Dkt. No. 848), seeking a further extension of the expert discovery deadline, is GRANTED. The parties may have four additional Plaintiffs' reconsideration motion (Dkt. No. 843) is DENIED. Plaintiffs seek reconsideration of one paragraph paragraph 4 of this Court's Order dated August 19, 2020 (Aug. 19 Order) (Dkt. No. 840), which formalized a ruling first made from the bench during a discovery conference on August 18, 2020. weeks, through October 28, 2020, to conduct all expert depositions. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 843 and 848. ( Discovery due by 10/28/2020.). (Signed by Magistrate Judge Barbara C. Moses on 9/25/2020) (va) (Main Document 851 replaced on 9/25/2020) (va).
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Filing
846
ORDER: On September 2, 2020, plaintiffs filed a motion (Dkt. No. 843) for reconsideration of this Court's order dated August 19, 2020. (Dkt. No. 840.) Defendant's opposition papers shall be filed no later than September 16, 2020. Reply papers, if any, shall be served by September 23, 2020. (As further set forth in this Order.) (Responses due by 9/16/2020, Replies due by 9/23/2020.) (Signed by Magistrate Judge Barbara C. Moses on 9/4/2020) (cf) Modified on 9/4/2020 (cf).
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Filing
840
ORDER: In light of the recent service of rebuttal expert reports, and for the reasons stated on the record during the August 18 telephonic discovery conference, it is hereby ORDERED that: 1. Plaintiffs shall not serve the proposed subpoena address ed to Stroz Friedberg (Dkt.No. 834-1). 2. Defendant Infomir LLC need not respond to plaintiffs' Second Expert Document Requests (Dkt. No. 834-1). 3. The parties shall promptly meet and confer in a good-faith attempt to reach an agreement on t he exchange of documents prior to expert depositions. 4. Nothing in this order precludes the parties, during or following expert depositions,from seeking additional tailored expert discovery of non-privileged matters which are within the scope of Fed. R. Civ. P. 26 and not precluded by the Court's September 26, 2019 Opinion and Order (Dkt. No. 779.) (Signed by Magistrate Judge Barbara C. Moses on 8/19/2020) (cf)
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Filing
837
ORDER granting in part and denying in part 834 Letter Motion for Local Rule 37.2 Conference. By letter dated July 10, 2020 (Def. Ltr.) (Dkt. No. 834), Infomir requests that the Court "disallow" plaintiffs' newly-served expert disc overy demands because they are untimely; because they would further delay the long-postponed STB inspection and the service of the parties' rebuttal expert reports on August 7; and because plaintiffs seek discovery which is irrelevant and/or disproportionate to the expert issues at stake. Def. Ltr. at 1, 3-4. Having carefully considered the parties' arguments, in the context of the Court's unflagging obligation to administer the discovery rules "to secure the just, sp eedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, the Court hereby GRANTS Infomir's letter-application IN PART, as follows: 1. The deadline for service of the parties' expert rebuttal report s remains August 7, 2020. 2. The parties shall promptly finalize their arrangements for the inspection of their STBs. The inspections shall take place on or before July 31, 2020, unless the parties mutually agree that they can take place on a later date without jeopardizing the August 7 rebuttal report deadline. 3. Infomir may submit a reply letter brief in support of its application for relief from the Requests and the Subpoena, in compliance with Moses Ind. Prac. § 2(b), no later than August 14, 2020. 4. The Court will hold a discovery teleconference on August 18, 2020, at 11:00 a.m., to resolve any remaining issues regarding the Requests and the Subpoena. At that time, the parties are directed to call (888) 557-8511 and dial the access code 7746387. (As further set forth in this Order.) Telephone Conference set for 8/18/2020 at 11:00 AM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 7/24/2020) (cf)
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Filing
830
JUDGMENT adopting 787 Report and Recommendations: IT IS HEREBY ORDERED, ADJUDGED, DECLARED AND DECREED THAT: 1. Defendants Panorama and Yevdayev shall pay Plaintiffs a total of Twelve Million Seven Hundred Fifty Three Thousand Six Hundred Seven Dollars and Fifty Cents ($12,753,607.50); 2. Defendant Panorama shall pay Plaintiffs an additional Sixty-One Thousand Four Hundred Seventy-Five Dollars and Ninety-Seven Cents ($61,475.97); 3. The Clerk of this Court shall enter this Judgment forthwith. (Signed by Judge George B. Daniels on 6/16/2020) (jwh)
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Filing
828
ORDER granting 824 Letter Motion to Stay. Application GRANTED. Payment is stayed pending decision by the District Judge or further order of this Court. (Signed by Magistrate Judge Barbara C. Moses on 6/11/2020) (cf)
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Filing
822
ORDER: For the reasons set forth above, it is hereby ORDERED that Infomir is awarded monetary sanctions in the amount of $254,116.45 (consisting of $174,815.40 in attorneys' fees, $77,300.42 in consultant fees, and $2,000.63 in other expenses) against plaintiffs and their counsel, jointly and severally. Payment is to be made within thirty days of this Order. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 5/15/2020) (cf)
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Filing
815
OPINION AND ORDER re: 748 MOTION to Amend/Correct 211 Amended Complaint filed by Limited Liability Company Rain TV-Channel, Closed Joint Stock Company New Channel, Limited Liability Company Global Entertainment TV, C losed Joint Stock Company TV Darial, Limited Liability Company Comedy TV, Closed Joint Stock Company CTC Network, Joint Stock Company Channel One Russia Worldwide. For the reasons set forth above, plaintiffs' motion for leave to file th eir proposed Second Amended Complaint (Dkt. No. 748) is DENIED. The parties are directed to promptly meet and confer concerning the dismissal of the remaining unserved defendants and unwanted causes of action, and to submit any required notices or stipulations no later than April 17, 2020. (Signed by Magistrate Judge Barbara C. Moses on 4/3/2020) (rro)
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Filing
814
MEMORANDUM DECISION AND ORDER re: 779 Memorandum & Opinion: Plaintiffs' objections are OVERRULED. Magistrate Judge Moses's Reconsideration Opinion, (ECF No. 779), is AFFIRMED. (Signed by Judge George B. Daniels on 3/26/2020) (jwh)
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Filing
811
ORDER: The President of the United States has declared a national emergency due to the spread of the COVID-19 virus, and the Centers for Disease Control have noted that the best way to prevent illness is to minimize person-to-person contact. In order to protect public health while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in th is action may be taken via telephone, videoconference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This Order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requ irement that, unless the parties stipulate otherwise, the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. For avoidance of doubt, a deposition wi ll be deemed to have been conducted "before" an officer so long as that officer attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all other remote participants, and so lon g as all participants (including the officer) can clearly hear and be heard by all other participants. It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired deadlines for the completion of fact depositions, fact discovery, e xpert depositions, expert discovery, and/or all discovery are hereby EXTENDED for a period of 30 days. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in this action in light of the COVID-19 pandemic (o r for any other good cause). Prior to seeking such relief, the parties must, as always, meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfill the goals of Rule 1 while avoiding unnecessary health risks. (Signed by Magistrate Judge Barbara C. Moses on 3/17/2020) (mro)
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Filing
807
ORDER. For the reasons stated on the record at the March 5, 2020 conference, it is hereby ORDERED that: 1. The disclosure of expert evidence intended solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing p arty shall be made no later than March 19, 2020. 2. Prior to that date, plaintiffs and Infomir shall arrange to produce the equipment used or tested by their respective experts to the opposing party. In accordance with the agreement reached during th e conference, plaintiffs shall produce the designated equipment at the Manhattan office of Infomir's counsel at a mutually convenient date and time, and defendants shall produce the designated equipment at the offices of plaintiffs' counsel at a mutually convenient date and time. So ordered. (Signed by Magistrate Judge Barbara C. Moses on 3/6/2020) (rjm)
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Filing
779
OPINION AND ORDER re: 692 MOTION for Sanctions: For the reasons stated above, Infomir's motion is GRANTED. It is hereby ORDERED that plaintiffs are precluded from introducing or relying on the June 24, 2016 Vidulich Affidavit, any other r eport of, testimony about, or opinions based on the May 2016 Wireshark Investigation, and any data or information captured during that Wireshark Investigation (including but not limited to the Channel One PCAP, the Channel One XPS, the Channel One PD F, and the Channel One Screenshots), except in response to any use of the same evidence by Infomir. It is further ORDERED that plaintiffs and their counsel shall reimburse Infomir for its attorney's fees, expert fees, and other expenses reasonab ly incurred in obtaining and enforcing the 4/25/18 Order and the 7/3/18 Order (including the Vidulich deposition), as well as its expenses incurred in litigating the instant sanctions motion. Infomir shall file one or more declarations setting forth those expenses no later than October 11, 2019, and shall authenticate and attach the relevant time and expense records, including attorney time records and invoices for out of pocket expenses. Plaintiffs may file responding papers, limited to the amo unt of fees and costs to be awarded, no later than October 25, 2019. There shall be no reply. It is further ORDERED that the parties shall meet and confer concerning the remainder of the pretrial schedule in this action, including expert discovery, a nd shall submit a proposed scheduling order no later than October 11, 2019. The proposed order shall also address the status of plaintiffs' motion for leave to file a Third Amended Complaint (Dkt. No. 748) in light of the fact that the proposed pleading attaches and relies upon the Vidulich Affidavit. If the parties disagree, they shall submit a joint letter attaching the competing versions of the proposed order and succinctly describing the areas of disagreement, without argument. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 692. (Signed by Magistrate Judge Barbara C. Moses on 9/26/2019) (jwh)
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Filing
676
MEMORANDUM AND ORDER granting in part and denying in part 372 Motion for Sanctions. For the reasons stated above, plaintiffs' motion is GRANTED. It is hereby ORDERED that Panorama and Yevdayev, jointly and severally, must pay the reasonabl e expenses, including attorneys' fees and out-of-pocket costs, caused by their failure to obey this Court's discovery orders issued on September 8 and October 25, 2017, including plaintiffs' expenses incurred in (a) seeking and obta ining additional damages-related discovery as to Panorama and/or Yevdayev, formally or informally, from October 10, 2017, to December 15, 2017; and (b) preparing and pursuing their sanctions motion. It is further ORDERED that plaintiffs shall file one or more declarations setting forth those expenses no later than November 1, 2018, and shall attach the relevant time and expense records, including attorney time records and invoices for out of pocket expenses. Panorama and Yevdayev may file r esponding papers, limited to the amount of fees and costs to be awarded, no later than November 15, 2018. There shall be no reply. It is further ORDERED that, as an additional sanction, the Court will draw an adverse inference against Panorama and Yevdayev, for purposes of the pending damages inquest, with respect to the documents and information they failed to produce. It is further ORDERED that, as an additional sanction, the following facts shall be taken as established for purposes of this action, and shall not be contested by Panorama or Yevdayev, even if one or both of them should succeed in vacating or overturning their default judgments: (1) The Defaulted Defendants, and each of them, sold each of the "Panorama TV" subscriptions listed in the Setplex invoices. (2) The Defaulted Defendants, and each of them, sold those subscriptions for the price of $30 per month or $250 per year. (3) The Defaulted Defendants' only known costs in selling the su bscriptions were the fees to Setplex (in the amount of $3.50 per month for each subscription). (4) Prior to the commencement of the Setplex relationship, and going back to 2012, Yevdayev sold My Panorama TV subscriptions in the United States i n conjunction with other, unknown, providers of network management and encoding/transcoding services. (5) From at least January 2016 (see Am. Compl. Ex. 13) through the period covered by the Setplex invoices, the My Panorama TV subscribers were gi ven access to an unauthorized version of the programming belonging to one or more of the plaintiffs. It is further ORDERED that the Defaulted Defendants are precluded from offering evidence or argument to contest these established facts. All relief not granted herein is DENIED. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 372. (As further set forth in this Order.). (Signed by Magistrate Judge Barbara C. Moses on 9/28/2018) (cf)
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Filing
605
ORDER adopting 569 Report and Recommendations: Plaintiffs' objections are OVERRULED. Magistrate Judge Moses' Report is ADOPTED in full, and the discovery orders therein are AFFIRMED. (Signed by Judge George B. Daniels on 6/12/2018) (jwh)
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