Compass Productions International LLC v. Charter Communications, Inc.
Plaintiff: Compass Productions International LLC
Defendant: Charter Communications, Inc.
Case Number: 1:2018cv12296
Filed: December 28, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Victor Marrero
Referring Judge: Barbara C Moses
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 nr
Jury Demanded By: Plaintiff
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Date Filed Document Text
February 3, 2020 Opinion or Order Filing 37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 1/23/2020 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.(rro)
February 3, 2020 Opinion or Order Filing 36 TRANSCRIPT of Proceedings re: Discovery Hearing held on 1/23/2020 before Magistrate Judge Barbara C. Moses. 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 2/24/2020. Redacted Transcript Deadline set for 3/5/2020. Release of Transcript Restriction set for 5/4/2020..(rro)
January 28, 2020 Opinion or Order Filing 35 ENDORSED LETTER: addressed to Judge Victor Marrero from Judson Brown dated 1/24/2020 re: In light of the various rulings made at the discovery conference held before Magistrate Judge Barbara Moses on January 23, 2020, the Parties to the above-captioned litigation agree that the case management conference before Judge Marrero scheduled for February 14, 2020 is not necessary, and request to adjourn that conference. ENDORSEMENT: Request Granted. The case management conference herein is rescheduled to a date to be set after the completion of fact discovery as determined by Magistrate Judge Moses. So Ordered. (Signed by Judge Victor Marrero on 1/27/2020) (js)
January 24, 2020 Opinion or Order Filing 34 ORDER: For the reasons stated on the record during the discovery conference held on January 23, 2020, it is hereby ORDERED that: ESI Searches. No later than January 31, 2020, Compass shall disclose to Charter, in writing, the following information concerning the search(es) Compass has performed for electronically stored information (ESI) responsive to Charter's discovery requests: as set forth herein. Substantial Completion Deadline. No later than February 17, 2020, the parties shall substantially complete their obligations in response to all pending written discovery, including by producing all remaining responsive and non-privileged documents. Except as expressly stated herein or as agreed between the parties, all relief sought in the joint letter dated January 6, 2020, is DENIED. Extension of Pretrial Deadlines. The deadlines set forth in the previously-issued Civil Case Management Plan and Scheduling Order (Dkt. No. 23) are EXTENDED as follows: Depositions and Additional Fact Discovery. All remaining fact discovery, including depositions, shall be completed no later than April 10, 2020. Expert Discovery. Disclosure of expert evidence, including the identities and written reports of experts, as required by Fed. R. Civ. P. 26(a)(2)(A), (B), or (C), shall be made no later than May 15, 2020. The disclosure of expert evidence intended solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing party shall be made no later than June 19, 2020. Depositions of experts shall be completed nolater than July 24, 2020. Close of Discovery. All discovery shall be completed no later than July 24, 2020. Status Conference. Judge Moses will conduct a status conference on March 19, 2020, at 10:00 a.m. One week prior to that date, on March 12, 2020, the parties shall submit a joint status letter outlining the progress of discovery to date, as well as any settlement efforts. If no discovery or scheduling controversies exist at that time, the parties may request that the conference be held telephonically. Settlement Conference. At the request of the parties, a settlement conference is scheduled before Judge Moses on April 14, 2020, at 2:15 p.m. And as set forth herein. SO ORDERED., ( Deposition due by 7/24/2020., Discovery due by 7/24/2020., Expert Discovery due by 6/19/2020., Fact Discovery due by 4/10/2020., Settlement Conference set for 4/14/2020 at 02:15 PM before Magistrate Judge Barbara C. Moses., Status Conference set for 3/19/2020 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 1/24/2020) (ama)
January 24, 2020 Opinion or Order Filing 33 ORDER SCHEDULING SETTLEMENT CONFERENCE: Settlement Conference set for 4/14/2020 at 02:15 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. THE PARTIES ARE DIRECTED TO READ THIS ENTIRE ORDER CAREFULLY. FAILURE TO COMPLY WITH PRE-CONFERENCE RESPONSIBILITIES MAY RESULT IN SANCTIONS, as further set forth. (Signed by Magistrate Judge Barbara C. Moses on 1/24/2020) (mml)
January 23, 2020 Opinion or Order Filing 32 ORDER FOR ADMISSION PRO HAC VICE: granting #31 Motion for Kristen L. Bokhan to Appear Pro Hac Vice. The motion of Kristen L. Bokhan for admission to practice Pro Hac Vice in the above captioned action is granted. So Ordered. (Signed by Judge Victor Marrero on 1/23/2020) (js)
January 23, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #31 MOTION for Kristen L. Bokhan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18572538. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
January 23, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 1/23/2020. (Snell, Kevin)
January 22, 2020 Opinion or Order Filing 31 MOTION for Kristen L. Bokhan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18572538. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charter Communications, Inc.. (Attachments: #1 Affidavit of Kristen L. Bokhan, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Bokhan, Kristen)
January 9, 2020 Opinion or Order Filing 30 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...TO STIPULATION, IT IS ORDERED that the forgoing Agreement is approved, as modified ** ** Paragraph 8 is modified as follows: Any party seeking to file Confidential Discovery Material, or any pleadings, motions, or other papers that disclose such Confidential Discovery Material, under seal, shall follow the individual rules and practices of the judge to whom the filing is directed concerning the filing of materials under seal. The Parties will use their best efforts to minimize such sealing. (Signed by Magistrate Judge Barbara C. Moses on 1/9/2020) (mro)
January 8, 2020 Opinion or Order Filing 29 PROPOSED STIPULATION AND ORDER. Document filed by Charter Communications, Inc.. (Attachments: #1 Exhibit A - Non-Disclosure Agreement) (Brown, Judson)
January 8, 2020 Opinion or Order Filing 28 ORDER: Status Conference set for 1/23/2020 at 10:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 1/8/2020) (va) Modified on 1/8/2020 (va).
January 7, 2020 Opinion or Order Filing 27 ORDER OF REFERENCE TO A 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 Barbara C. Moses. SO ORDERED. (Signed by Judge Victor Marrero on 1/7/2020) (ks)
January 6, 2020 Opinion or Order Filing 26 JOINT LETTER addressed to Judge Victor Marrero from Judson Brown and Jonathan E. Neuman dated January 6, 2020 re: Discovery Disputes. Document filed by Charter Communications, Inc.. (Attachments: #1 Exhibit 1 - 2019.09.30 Charter's First RFPs to Compass, #2 Exhibit 2 - 2019.09.30 Charter's First Interrogatories to Compass, #3 Exhibit 3 - 2019.09.30 Charter's First RFAs to Compass, #4 Exhibit 4 - 2019.10.02 Compass 1st RFP to Charter, #5 Exhibit 5 - 2019.10.02 Compass 1st Irrogs to Charter, #6 Exhibit 6 - 2019.10.31 Eml DAnderson to JNeuman, #7 Exhibit 7 - 2019.11.01 Eml DAnderson to JNeuman, #8 Exhibit 8 - 2019.11.06 Compass Resp Charter 1st RFP Irrogs RFAs, #9 Exhibit 9 - 2019.11.08 Charter Resp. Compass 1st RFP, #10 Exhibit 10 - 2019.11.08 Charter Resp. Compass 1st Irrogs, #11 Exhibit 11 - 2019.11.11 Ltr JBrown to JNeuman, #12 Exhibit 12 - 2019.11.15 Ltr JNeuman to DAnderson, #13 Exhibit 13 - 2019.11.21 Ltr JBrown to JNeuman, #14 Exhibit 14 - 2019.12.06 Ltr RPowell to Counsel, #15 Exhibit 15 - 2019.12.18 Eml JNeuman to RPowell., #16 Exhibit 16 - 2019.12.20 Ltr RPowell JNeuman, #17 Exhibit 17 - 2019.12.23 Eml JNeuman to RPowell, #18 Exhibit 18 - 2019.12.26 Ltr RPowell to JNeuman, #19 Exhibit 19 - 2019.12.30 Ltr JNeuman to JBrown, #20 Exhibit 20 - 2019.12.31 Ltr JBrown to JNeuman, #21 Exhibit 21 - FRIEDMAN-00000017, #22 Exhibit 22 - FRIEDMAN-00000054, #23 Exhibit 23 - FRIEDMAN-00000075 Redacted, #24 Exhibit 24 - FRIEDMAN-00000086, #25 Exhibit 25 - 2019.09.26 Compass 1st Am Rule 26 Automatic Disclosures, #26 Exhibit 26 - FRIEDMAN-00000008, #27 Exhibit 27 - FRIEDMAN-00000013 Redacted)(Brown, Judson)
September 9, 2019 Opinion or Order Filing 25 ANSWER to Complaint. Document filed by Charter Communications, Inc..(Brown, Judson)
September 9, 2019 Opinion or Order Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Spectrum, Other Affiliate Liberty Broadband Coproration for Charter Communications, Inc.. Document filed by Charter Communications, Inc..(Brown, Judson)
September 6, 2019 Opinion or Order Filing 23 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. All parties do not consent to trial by a Magistrate Judge under 28 U.S.C. 636(c). Depositions to be completed by 1/31/2020. Amended Pleadings due by 9/13/2019. Joinder of Parties due by 9/13/2019. Deposition due by 4/30/2020. Fact Discovery due by 1/31/2020. Discovery due by 1/31/2020. Case Management Conference set for 2/14/2020 at 04:30 PM before Judge Victor Marrero. (Signed by Judge Victor Marrero on 9/6/2019) (kv)
August 28, 2019 Opinion or Order Filing 22 PROPOSED CASE MANAGEMENT PLAN. Document filed by Charter Communications, Inc.. (Brown, Judson)
August 13, 2019 Opinion or Order Filing 21 ORDER granting #20 Letter Motion for Extension of Time to Answer. Request GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended to 9-9-19. SO ORDERED. Charter Communications, Inc. answer due 9/9/2019. (Signed by Judge Victor Marrero on 8/13/2019) (jca)
August 12, 2019 Opinion or Order Filing 20 LETTER MOTION for Extension of Time to File Answer addressed to Judge Victor Marrero from Judson Brown dated August 12, 2019. Document filed by Charter Communications, Inc..(Brown, Judson)
August 8, 2019 Opinion or Order Filing 19 DECISION AND ORDER: Accordingly, the Court grants Charter's motion to dismiss Compass's defamation claim. For the reasons described above, it is hereby ORDERED that the motion so deemed by the Court as filed by defendant Charter Communications, Inc. to dismiss (Dkt. No. 14) the complaint of plaintiff Compass Productions International LLC (0kt. No. 1-1) is DENIED as to Counts I and II and GRANTED as to Counts III and IV, and it is further ORDERED that the parties meet and confer and develop a proposed case management plan to be submitted to the Court within twenty days of the date of this Order. So Ordered. (Signed by Judge Victor Marrero on 8/8/2019) (js)
March 13, 2019 Opinion or Order Filing 18 NOTICE OF CHANGE OF ADDRESS by Kevin Ross Powell, II on behalf of Charter Communications, Inc.. New Address: Kirkland & Ellis LLP, 1301 Pennsylvania Avenue, Washington, DC, United States 20004, 202-389-5000. (Powell, Kevin)
March 13, 2019 Opinion or Order Filing 17 NOTICE OF CHANGE OF ADDRESS by Devin Anderson on behalf of Charter Communications, Inc.. New Address: Kirkland & Ellis LLP, 1301 Pennsylvania Avenue, Washington, DC, United States 20004, 202-389-5000. (Anderson, Devin)
March 13, 2019 Opinion or Order Filing 16 NOTICE OF CHANGE OF ADDRESS by Jeffrey S. Powell on behalf of Charter Communications, Inc.. New Address: Kirkland & Ellis LLP, 1301 Pennsylvania Avenue, Washington, DC, United States 20004, 202-389-5000. (Powell, Jeffrey)
March 13, 2019 Opinion or Order Filing 15 NOTICE OF CHANGE OF ADDRESS by Judson Brown on behalf of Charter Communications, Inc.. New Address: Kirkland & Ellis LLP, 1301 Pennsylvania Avenue, Washington, DC, United States 20004, 202-389-5000. (Brown, Judson)
January 28, 2019 Opinion or Order Filing 14 ENDORSED LETTER: addressed to Judge Victor Marrero from Judson Brown, P.C. dated 1/25/2019 re: Counsel for defendant write on behalf of Defendant Charter Communications, Inc. to notify the Court that the parties have concluded the informal procedure your individual practices require before a defendant may file a motion to dismiss. The parties' exchange of letters (attached as Ex. 1 and Ex. 2) did not resolve our dispute over the merits of such a motion. Plaintiff Compass Productions International, LLC did not propose any amendment to the complaint, much less one that would cure the multiple deficiencies with its claims-nor could it. Charter believes a motion to dismiss is still warranted and submits this letter in accordance with 11.B.2 of this Court's individual practices. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant Charter Communications, Inc. So Ordered. (Signed by Judge Victor Marrero on 1/28/2019) (js)
January 27, 2019 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Jonathan Ellery Neuman on behalf of Compass Productions International LLC. (Neuman, Jonathan)
January 15, 2019 Opinion or Order Filing 12 ENDORSED LETTER addressed to Mr. Judson Brown, P.C. from Jonathan E. Neuman, Esq., dated 1/11/2019 re: Contrary to your letter, and as explained below, the Complaint adequately states claims for all four causes of action. Moreover, your letter raises inappropriate factual disputes, and disregards that "[t]he task... on a motion to dismiss is to 'assess the legal feasibility of the complaint, not to assay the weight of the evidence which might be offered in support thereof."' In re MF Global Hldgs. Sec. Litig., 982 F. Supp. 2d 277, 303 (S.D.N.Y. 2013). Such efforts cannot defeat the Complaint. See, e.g., Van Dongen v. CNinsure Inc., 951 F. Supp. 2d 457, 470 (S.D.N.Y. 2013) (refusing to credit "fact-based disputes" on motion to dismiss). For all the reasons above, this case is meritorious and should proceed to discovery. ENDORSEMENT: The Clerk of the Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 1/15/2019) (js)
January 11, 2019 Opinion or Order Filing 11 ORDER FOR ADMISSION PRO HAC VICE: granting #10 Motion for Jeffrey S. Powell to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. So Ordered. (Signed by Judge Victor Marrero on 1/11/2019) (js)
January 10, 2019 Opinion or Order Filing 10 MOTION for Jeffrey S. Powell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16170931. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charter Communications, Inc.. (Attachments: #1 Affidavit Affidavit of Jeffrey S. Powell, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Proposed Order)(Powell, Jeffrey)
January 10, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Jeffrey S. Powell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16170931. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 9, 2019 Opinion or Order Filing 9 ORDER FOR ADMISSION PRO HAC VICE granting #5 Motion for Devin S. Anderson to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 1/9/2019) (anc)
January 9, 2019 Opinion or Order Filing 8 ORDER FOR ADMISSION PRO HAC VICE granting #6 Motion for K. Ross Powell to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 1/9/2019) (anc)
January 9, 2019 Opinion or Order Filing 7 ORDER FOR ADMISSION PRO HAC VICE granting #4 Motion for Judson D. Brown to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 1/9/2019) (anc)
January 7, 2019 Opinion or Order Filing 6 MOTION for Kevin Ross Powell, II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-16148318. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charter Communications, Inc.. (Attachments: #1 Affidavit Affidavit of K. Ross Powell, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Proposed Order)(Powell, Kevin)
January 7, 2019 Opinion or Order Filing 5 MOTION for Devin S. Anderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-16148006. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charter Communications, Inc.. (Attachments: #1 Affidavit Affidavit of Devin S. Anderson, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Proposed Order)(Anderson, Devin)
January 7, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Devin S. Anderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-16148006. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
January 7, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Kevin Ross Powell, II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-16148318. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 4, 2019 Opinion or Order Filing 4 MOTION for Judson D. Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16141958. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charter Communications, Inc.. (Attachments: #1 Affidavit Affidavit of Judson D. Brown, #2 Exhibit Exhibit A Certificates of Good Standing, #3 Text of Proposed Order Proposed Order)(Brown, Judson)
January 4, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Judson D. Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16141958. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
January 2, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Paul Del Monaco. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
January 2, 2019 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo)
January 2, 2019 Opinion or Order Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo)
January 2, 2019 Opinion or Order Case Designated ECF. (jgo)
December 28, 2018 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Liberty Broadband Corporation for Charter Communications, Inc.. Document filed by Charter Communications, Inc..(Del Monaco, John)
December 28, 2018 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Del Monaco, John)
December 28, 2018 Opinion or Order Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 655627/2018. (Filing Fee $ 400.00, Receipt Number ANYSDC-16116193).Document filed by Charter Communications, Inc.. (Attachments: #1 Exhibit 1 - Summons and Complaint, #2 Exhibit 2 - Affidavit of Service, #3 Exhibit 3 - Document List, #4 Exhibit 4 - Articles of Organization, #5 Exhibit 5 - Release of Federal Lien)(Del Monaco, John)

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Plaintiff: Compass Productions International LLC
Represented By: Jonathan Ellery Neuman
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Defendant: Charter Communications, Inc.
Represented By: John Paul Del Monaco
Represented By: Devin Anderson
Represented By: Kevin Ross Powell, II
Represented By: Judson Brown
Represented By: Jeffrey S. Powell
Represented By: Kristen Leigh Bokhan
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