NOTICE OF CHANGE OF ADDRESS by Robert Alan Garrett on behalf of ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. New Address: Arnold & Porter LLP, 601 Massachusetts Avenue, N.W., Washington, DC, USA 20001, (202) 942-5000. (Garrett, Robert) (Entered: 09/23/2015)
NOTICE of filing an appeal bond (original bond will be delivered to the Court) re: 114 Notice of Appeal,. Document filed by Alkiviades David, Filmon.Com, Inc.. (Baker, Ryan) (Entered: 08/25/2014)
NOTICE OF APPEAL from 112 Judgment on Attorney Fees,,. Document filed by Alkiviades David, Filmon.Com, Inc.. Filing fee $ 505.00, receipt number 0208-10033314. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Baker, Ryan) (Entered: 08/25/2014)
MEMORANDUM: We file this brief Memorandum to explain our decision to reduce the attorneys' fees awarded to plaintiffs from the amount sought in the Amended Proposed Judgment submit ted to the Court on July 31, 2014. As established by our July 24, 2014 Memorandum and Order, plaintiffs are entitled to reasonable attorneys' fees for their prosecution of a successful contempt motion against defendant. CBS Broad. Inc. v. FilmOn.com, Inc., No. 10 Civ. 7532(NRB), 2014 WL 3702568, at *7 (S.D.N.Y. July 24, 2014). In calculating reasonable attorneys' fees, we are mindful that while "parties to a litigation may fashion it according to their purse," it is not necessarily appropriate to require the losing party to wholly compensate the prevailing party for its approach to the litigation. Farmer v. Arabian Am. Oil Co., 31 F.R.D. 191, 193 (S.D.N.Y. 1962), rev'd, 324 F.2d 359 (2d Cir. 1963) rev'd 379 U S 227 (1964); see also Queenie, Ltd. v. Nygard Int'l, 204 F. Supp. 2d 601, 608 (S.D.N.Y. 2002). Here, while we are not awarding to plaintiffs compensation for all hours billed by their counsel, we do not question the accuracy of the submission in support of the fee request, both in terms of the hours spent and the rates charged. Moreover, our reduction of the fees sought was not motivated by any judgment that plaintiffs did not receive full value for the time billed. Rather, our decision to reduce the fee amount is based on our view that what may be a reasonable sum to charge clients for attorneys' services is not necessarily equivalent to a reasonable fee to compel a losing party to pay to its adversary at the conclusion of litigation. (Signed by Judge Naomi Reice Buchwald on 8/14/2014) (mro) (Entered: 08/15/2014)
JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. FilmOn, within ten days of entry of this Judgment, shall pay sanctions in the amount of $90,000.00. 2. Any future violation of the Injunction will subject defendant to a penalty of $20,000.00 per day of noncompliance. 3. FilmOn, within ten days of entry of this Judgment, shall pay plaintiffs' attorneys' fees in the amount of $56,562.20. (Signed by Judge Naomi Reice Buchwald on 8/14/2014) (Attachments: # 1 Right to Appeal Attachement 1, # 2 Right to Appeal Attachment 2)(mro) (Entered: 08/15/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/22/2014 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...(McGuirk, Kelly) (Entered: 08/08/2014)
TRANSCRIPT of Proceedings re: conference held on 7/22/2014 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Samuel Mauro, (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 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/10/2014.(McGuirk, Kelly) (Entered: 08/08/2014)
OPPOSITION BRIEF re: 105 Notice of Settlement, DEFENDANT FILMON.COM, INC. AND NON-PARTY ALKIVIADES DAVIDS MEMORANDUM OF LAW IN SUPPORT OF COUNTER PROPOSAL TO PLAINTIFFS PROPOSED FORM OF JUDGMENT. Document filed by Alkiviades David, Filmon.Com, Inc.. (Attachments: # 1 Text of Proposed Order)(Baker, Ryan) (Entered: 08/05/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 7/22/14 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...(Rodriguez, Somari) (Entered: 07/31/2014)
TRANSCRIPT of Proceedings re: ARGUMENT held on 7/22/2014 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Samuel Mauro, (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 8/25/2014. Redacted Transcript Deadline set for 9/5/2014. Release of Transcript Restriction set for 11/3/2014.(Rodriguez, Somari) (Entered: 07/31/2014)
DECLARATION of Christopher Scott Morrow in Support re: 105 Notice of Settlement,. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 07/31/2014)
NOTICE of Settlement Amended Notice of Settlement of Proposed Judgment of Contempt. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 07/31/2014)
DECLARATION of Christopher Scott Morrow in Support re: 103 Notice of Settlement,. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Attachments: # 1 Exhibit 1)(Boccanfuso, Anthony) (Entered: 07/30/2014)
NOTICE of Settlement of Judgment of Contempt. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 07/30/2014)
ORDER: Based on the foregoing, we find FilmOn in civil contempt of court for its violation of the Injunction. Pursuant to paragraph 3 the Judgment, FilmOn must pay $10,000 for each of the nine days of its noncompliance. 3 Therefore, we impose a sanction of $90,000. We also reiterate that while it appears that defendant has ceased streaming plaintiff's programming, such conduct is covered by the Injunction and future retransmission of plaintiff's copyrighted content without a license will subject defendant to significant penalties per day of noncompliance. Plaintiffs are also entitled to attorneys' fees in an amount to be determined. Plaintiffs' counsel shall submit on notice a proposed form of judgment, supported by an affidavit detailing their attorneys' fee request, to this Court on or before July 30, 2014. FilmOn's counter proposal, if any, shall be filed no later than August 5, 2014. (Signed by Judge Naomi Reice Buchwald on 7/24/2014) Copies Mailed By Chambers. (djc) Modified on 7/25/2014 (djc). (Entered: 07/25/2014)
101
Filed: 7/24/2014, Entered: 7/24/2014
Declaration in Support
DECLARATION of Anthony D. Boccanfuso in Support re: 91 Order to Show Cause,,,,,,,,,,. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 07/24/2014)
NOTICE OF APPEARANCE by Paul March Smith on behalf of Fox Television Stations, Inc., Twentieth Century Fox Film Corporation. (Smith, Paul) (Entered: 07/18/2014)
REPLY AFFIRMATION of Anthony D. Boccanfuso in Support re: 91 Order to Show Cause,,,,,,,,,,. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 07/17/2014)
REPLY MEMORANDUM OF LAW in Support re: 91 Order to Show Cause,,,,,,,,,, . Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 07/17/2014)
CERTIFICATE OF SERVICE of OSC Opposition and supporting documents served on Hadrian Katz and John Ulin - Arnold & Porter on 7/14/14. Service was made by EMAIL. Document filed by Alkiviades David, Filmon.Com, Inc.. (Baker, Ryan) (Entered: 07/16/2014)
CERTIFICATE OF SERVICE of OSC Opposition and supporting documents served on Arnold & Porter on 7/14/14. Service was accepted by Theresa Smith, Authorized to Accept Service. Document filed by Alkiviades David, Filmon.Com, Inc.. (Baker, Ryan) (Entered: 07/16/2014)
OPPOSITION BRIEF re: 91 Order to Show Cause,,,,,,,,,, DEFENDANT FILMON.COM, INC. AND NON-PARTY ALKIVIADES DAVIDS MEMORANDUM OF LAW IN OPPOSITION TO ORDER TO SHOW CAUSE RE CONTEMPT OF INJUNCTION. Document filed by Alkiviades David, Filmon.Com, Inc.. (Attachments: # 1 Declaration of Ryan G. Baker, # 2 Declaration of Alkiviades David, # 3 Declaration of Mykola Kutovvy, # 4 Request for Judicial Notice, # 5 Exhibits A-D of Request for Judicial Notice, # 6 Exhibits E-K of Request for Judicial Notice, # 7 Text of Proposed Order)(Baker, Ryan) (Entered: 07/14/2014)
CERTIFICATE OF SERVICE. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC. (Boccanfuso, Anthony) (Entered: 07/08/2014)
AFFIDAVIT of C. Scott Morrow in Support re: 91 Order to Show Cause,,,,,,,,,,. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Boccanfuso, Anthony) (Entered: 07/07/2014)
MEMORANDUM OF LAW in Support re: 91 Order to Show Cause,,,,,,,,,, . Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 07/07/2014)
ORDER TO SHOW CAUSE RE CONTEMPT OF INJUNCTION: IT IS ORDERED THAT defendant FilmOn.com, Inc. and Mr. Alkiviades David show cause before the Honorable Naomi Reice Buchwald, United States District Judge, Courtroom 21A of the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York, on July 22, 2014 at 10:00 a.m., or as soon thereafter as counsel can be heard, why an Order should not be entered: 1. Holding FilmOn in contempt for violating the Injunction by publicly performing over the Internet broadcast television programming in which Plaintiffs own or exclusively control the copyrights without permission from Plaintiffs; 2. Requiring FilmOn immediately to comply with the Injunction, including by ceasing operations of its "Teleporter" service and any other device or process by which it publicly performs plaintiffs' copyrighted programming over mobile networks and/or the Internet, and imposing coercive penalties as necessary to enforce the Injunction; 3. A warding compensatory damages to Plaintiffs in an amount reflecting the severity of the contempt shown by FilmOn for this Court's Injunction; and 4. Granting Plaintiffs such other and further relief as the Court may deem just and proper, including without limitation reasonable attorneys fees incurred in connection with this contempt proceeding. IT IS FURTHER ORDERED THAT this Order, together with the papers upon which it was granted, be served upon defendant no later than July 3, 2014, or within one court day of the date on which the Court enters this Order, whichever comes later, with proof of service filed no later than July 8, 2014. Service shall be deemed good and sufficient if made (a) personally, (b) by certified mail (return receipt requested) or express overnight delivery, or (c) by any other means authorized by the Federal Rules of Civil Procedure, as well as by email. IT IS FURTHER ORDERED THAT answering papers by FilmOn, if any, shall be filed no later than July 14, 2014 at noon and served simultaneously, as well as by email, upon the attorneys for Plaintiffs and two courtesy copies shall be delivered to the Court's Chambers as the same time. Any reply papers by Plaintiffs shall be filed on or before 10:00 a.m on July 17, 2014, and simultaneously served personally as well as by email and two courtesy copies shall be delivered to the Court's Chambers at the same time. (Show Cause Hearing set for 7/22/2014 at 10:00 AM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald. Show Cause Response due by 7/14/2014.) (Signed by Judge Naomi Reice Buchwald on 7/7/2014) (mro) (Entered: 07/07/2014)
INTERNET CITATION NOTE: Material from decision with Internet citation re: 74 Order on Motion to Comply. (Attachments: # 1 Internet Citation, # 2 Internet Citation, # 3 Internet Citation, # 4 Internet Citation) (sj) (Entered: 11/06/2013)
JUDGMENT #13,1890: in favor of ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC against Filmon.Com, Inc. in the amount of $ 1,350,000.00, plus interest thereon at the statutory rate of nine percent (9%) per annum, accruing from August 8, 2012. FilmOn, within 10 days of entry of this judgment, shall pay plaintiffs attorneys' fees in the mount of $115,046.10. (Signed by Judge Naomi Reice Buchwald on 10/2/2013) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 10/03/2013)
LETTER addressed to Judge Naomi Reice Buchwald from Peter L. Zimroth dated 10/01/13 Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC.(Zimroth, Peter) (Entered: 10/01/2013)
LETTER addressed to Judge Naomi Reice Buchwald from Ryan G. Baker from Baker Marquart LLP dated 9/27/2013 re: in response to Mr. Katzs letter of September 26, 2013. Document filed by Filmon.Com, Inc..(Baker, Ryan) (Entered: 09/27/2013)
NOTICE of FILMONS MEMORANDUM IN SUPPORT OF FILMONS PROPOSED JUDGMENT AND IN RESPONSE TO PLAINTIFFS PROPOSED JUDGMENT re: 85 Notice of Settlement. Document filed by Filmon.Com, Inc.. (Attachments: # 1 Declaration of Ryan G. Baker, # 2 Exhibits A-D of Baker Declaration)(Baker, Ryan) (Entered: 09/27/2013)
LETTER addressed to Judge Naomi Reice Buchwald from Hadrian R. Katz dated September 26, 2013 re: Mr. Baker's letter of September 25, 2013. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Attachments: # 1 Exhibit A)(Boccanfuso, Anthony) (Entered: 09/26/2013)
LETTER addressed to Judge Naomi Reice Buchwald from Ryan G. Baker from Baker Marquart LLP dated 9/25/2013 re: CBS Broadcasting Inc., et al. v. FilmOn.com, Inc., Case 1:10-cv-7532-NRB. Document filed by Alkiviades David, Filmon.Com, Inc..(Baker, Ryan) (Entered: 09/25/2013)
MEMORANDUM AND ORDER denying 77 Letter Motion for Conference. Defendant has filed a letter motion (Doc.77) requesting that the Court schedule a conference to consider a motion for declaratory relief to establish that FilmOn's video-on demand service does not violate the August 8, 2012 Stipulated Consent Judgment and Injunction entered in this case (the "Injunction"). Defendant also seeks to vacate this Court's finding in our September 10, 2013 Memorandum and Order that FilmOn's video-on demand service was in contempt of the Injunction. Defendant's request for a conference is denied. Not only is the request to file a motion for declaratory relief procedurally improper, as the issue has already been resolved in the context of the contempt motion and recalling that this is a closed case governed by the terms of the Injunction, but no showing of possible merit for such a motion has been made. Indeed, the contrary is so. Moreover, to the extent that the defendant is seeking to reargue, this Court's individual practices do not require a pre-motion conference. (Signed by Judge Naomi Reice Buchwald on 9/19/2013) (ft) (Entered: 09/20/2013)
LETTER addressed to Judge Naomi Reice Buchwald from Hadrian R. Katz dated 09/19/2013 Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC.(Boccanfuso, Anthony) (Entered: 09/19/2013)
DECLARATION of Christopher Scott Morrow in Support re: 79 Memorandum of Law in Support,. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Boccanfuso, Anthony) (Entered: 09/17/2013)
MEMORANDUM OF LAW in Support re: 78 Notice of Settlement,. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Attachments: # 1 Exhibit A)(Boccanfuso, Anthony) (Entered: 09/17/2013)
NOTICE of Settlement NOTICE OF SUBMISSION OF FINAL JUDGMENT. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 09/17/2013)
LETTER MOTION for Conference re: 74 Order on Motion to Comply,,,,,,, FilmOn requests an expedited pre-motion conference re the Injunction addressed to Judge Naomi Reice Buchwald from Ryan G. Baker from Baker Marquart LLP dated 9/17/2013. Document filed by Alkiviades David, Filmon.Com, Inc..(Baker, Ryan) (Entered: 09/17/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 8/15/13 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...(Rodriguez, Somari) (Entered: 09/16/2013)
TRANSCRIPT of Proceedings re: ARGUMENT held on 8/15/2013 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 10/10/2013. Redacted Transcript Deadline set for 10/21/2013. Release of Transcript Restriction set for 12/19/2013.(Rodriguez, Somari) (Entered: 09/16/2013)
MEMORANDUM & ORDER granting 65 Motion to Comply; granting 68 Motion to Comply. We grant plaintiffs' motions to compel FilmOn's compliance with section 5.3 and the relevant financial terms of the Settlement Agreement and find FilmOn in civil contempt of court for its violation of the Injunction. FilmOn and David are hereby ordered to forthwith deliver to plaintiffs' counsel the sum of $1,350,000, plus interest at the statutory rate, the costs of collection, and reasonable attorneys' fees. Plaintiffs' counsel shall submit on notice a proposed form of judgment to this Court on or before September 17, 2013. FilmOn's counter proposal, if any, shall be filed no later than September 20, 2013. The Clerk of the Court is directed to terminate the motions pending at docket nos. 54, 65, and 68. (Signed by Judge Naomi Reice Buchwald on 9/10/2013) Copies Mailed By Chambers. (ft) (Entered: 09/10/2013)
LETTER addressed to Judge Naomi Reice Buchwald from Hadrian R. Katz dated September 6, 2013 re: Opinion and Order in another FilmOn case. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC.(Boccanfuso, Anthony) (Entered: 09/06/2013)
DECLARATION of C. Scott Morrow in Support re: 54 Order to Show Cause,,,,,,,,,,. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 08/15/2013)
MEMORANDUM OF LAW in Support re: 54 Order to Show Cause,,,,,,,,,,. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 08/15/2013)
DECLARATION of C. Scott Morrow in Support re: 68 MOTION to Comply Notice of Motion of CBS Broadcasting Inc. to Compel Compliance with Section 5.3 of the Settlement Agreement.. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 08/15/2013)
MEMORANDUM OF LAW in Support re: 68 MOTION to Comply Notice of Motion of CBS Broadcasting Inc. to Compel Compliance with Section 5.3 of the Settlement Agreement.. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, NBC Subsidiary (KNBC-TV), Inc., Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 08/15/2013)
MOTION to Comply Notice of Motion of CBS Broadcasting Inc. to Compel Compliance with Section 5.3 of the Settlement Agreement. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC.(Boccanfuso, Anthony) (Entered: 08/15/2013)
DECLARATION of C. Scott Morrow in Support re: 65 MOTION to Comply Notice of Motion of Plaintiffs to Compel Compliance with Financial Terms of the Settlement Agreement.. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 08/15/2013)
MEMORANDUM OF LAW in Support re: 65 MOTION to Comply Notice of Motion of Plaintiffs to Compel Compliance with Financial Terms of the Settlement Agreement.. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 08/15/2013)
MOTION to Comply Notice of Motion of Plaintiffs to Compel Compliance with Financial Terms of the Settlement Agreement. Document filed by ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC.(Boccanfuso, Anthony) (Entered: 08/15/2013)
STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION in favor ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios LLC, NBC Subsidiary (KNBC-TV) LLC, Open 4 Business Productions LLC, Twentieth Century Fox Film Corporation, and Universal Network Television, LLC against Filmon.Com, Inc.. (Signed by Judge Naomi Reice Buchwald on 8/8/12) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 08/09/2012)
ORDER: that Christopher I. Marino Esq., of Holmes Weinberg, PC is hereby relieved as counsel for derendant FilmOn.com, Inc., and the clerk of the Court shall modify the docket and any other records of the Court accordingly. (Signed by Judge Naomi Reice Buchwald on 12/16/2011) (cd) (Entered: 12/19/2011)
ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Toby M.J. Butterfield dated 11/11/2011 re: The parties request to extend the current discovery deadline by 2 months. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 11/15/2011) (jfe) (Entered: 11/15/2011)
ORDER: It is hereby ORDERED that Al J. Daniel, Jr., Esq., of Cowan, DeBaets, Abrahams & Sheppard LLP is hereby relieved as counsel for defendant FilmOn.Com, Esq. and the Clerk of the Court shall modify the docket and any other records of the Court accordingly. (Signed by Judge Naomi Reice Buchwald on 11/15/2011) (jfe) (Entered: 11/15/2011)
FIRST AMENDED COMPLAINT amending 1 Complaint, against Filmon.Com, Inc. Document filed by Universal Network Television, LLC, Twentieth Century Fox Film Corporation, Disney Enterprises, Inc., NBC Studios LLC, Fox Television Stations, Inc., NBC Subsidiary (KNBC-TV) LLC, CBS Broadcasting Inc., ABC Holding Company, Inc., American Broadcasting Companies, Inc., Big Ticket Television, Inc., CBS Studios Inc., Open 4 Business Productions LLC. Related document: 1 Complaint, filed by Disney Enterprises, Inc., ABC Holding Company, Inc., NBC Studios, Inc., Fox Television Stations, Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC, NBC Subsidiary (KNBC-TV), Inc., CBS Broadcasting Inc..(mro) (Entered: 09/15/2011)
NOTICE OF CHANGE OF ADDRESS by Toby Michael John Butterfield on behalf of Filmon.Com, Inc.. New Address: Frankfurt Kurnit Klein & Selz, P.C., 488 Madison Avenue, 10th Floor, New York, NY, USA 10022, (212) 980-0120. (Butterfield, Toby) (Entered: 09/09/2011)
ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Hadrian R. Katz dated 8/29/2011 re: Counsel writes with respect to the motion to amend the complaint and to add four new plaintiffs. Counsel has discussed the proposed amendment with FilmOn counsel, and they have confirmed that they have no opposition. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 9/6/2011) (jfe) (Entered: 09/06/2011)
AMENDED SCHEDULING ORDER: The Court hereby amends its 4/20/2011 Scheduling Order and orders that: All Discovery, depositions, expert reports, and expert depositions due by 11/15/2011 and The temporary restraining order issued after a hearing on 11/22/2010 shall Remain in full force and effect, pending further order of the Court Discovery due by 11/15/2011. Deposition due by 11/15/2011. (Signed by Judge Naomi Reice Buchwald on 8/11/2011) (ft) (Entered: 08/12/2011)
ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Toby M. J. Butterfield dated 8/4/2011 re: Counsel requests a pre-motion conference as soon as possible. ENDORSEMENT: Application Denied. (Signed by Judge Naomi Reice Buchwald on 8/11/2011) (ft) Modified on 8/15/2011 (ad). (Entered: 08/12/2011)
STIPULATION AND ORDER TO AMEND THE CAPTION that plaintiff NBC Studios. Inc. has changed its name to NBC Studios LLC and plaintiff NBC Subsidiary (KNBC-TV) has changed its name to NBC Subsidiary (KNBC-TV) LLC. (Signed by Judge Naomi Reice Buchwald on 6/3/11) (cd) (Entered: 06/07/2011)
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Naomi Reice Buchwald on 6/3/11) (cd) (Entered: 06/07/2011)
SCHEDULING ORDER: Absent further order of the Court, document discovery, depositions, the submission of expert reports, expert depositions, and any other necessary discovery shall be completed by August 5, 2011. (See ORDER as set forth) Deposition due by 8/15/2011. Discovery due by 8/15/2011. (Signed by Judge Naomi Reice Buchwald on 4/20/2011) (lnl) (Entered: 04/21/2011)
MEMORANDUM AND ORDER, that the motion to withdraw is granted; and it is further ORDERED that defendant shall promptly retain new counsel and that as soon as counsel is obtained, counsel shall contact the Court to inform us as to when we can expect a supplemental brief in opposition to plaintiffs' motion for a preliminary injunction. (Signed by Judge Naomi Reice Buchwald on 12/8/2010) (lnl) (Entered: 12/08/2010)
ORDER granting 21 Motion for Robert Alan Garrett to Appear Pro Hac Vice for plaintiffs ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Signed by Judge Naomi Reice Buchwald on 12/2/10) (db) (Entered: 12/02/2010)
STIPULATION AND ORDER: 1. Defendant shall file its answer on 11/30/10. 2. Defendant shall file its supplemental papers on the Order to Show Cause on 12/13/10, and plaintiff sha11 file their reply on 12/20/10; and 3. The TRO shall remain in full force and effect until the Court rules upon plaintiffs'request for a prelimillary injunction. Filmon.Com, Inc. answer due 11/30/2010. (Signed by Judge Naomi Reice Buchwald on 12/2/10) (db) (Entered: 12/02/2010)
Injunction BOND # 6546671 in the amount of $ 10,000.00 posted by Fox Television Stations, Inc., and Twentieth Century Fox Film Corporation. (ml) (Entered: 11/29/2010)
MOTION for Robert Alan Garrett to Appear Pro Hac Vice. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC.(mro) (Entered: 11/29/2010)
DECLARATION of Reply Declaration of Christopher S. Morrow in Support re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 11/23/2010)
DECLARATION of Reply Declaration of Hadrian R. Katz in Support re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 11/23/2010)
REPLY MEMORANDUM OF LAW in Support re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 11/23/2010)
DECLARATION of Alki David in Support re: 15 Response in Opposition to Motion,. Document filed by Filmon.Com, Inc.. (Boccanfuso, Anthony) (Entered: 11/23/2010)
16
Filed: 11/23/2010, Entered: 11/23/2010
Reply Memorandum of Law in Oppisition to Motion
REPLY MEMORANDUM OF LAW in Opposition re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by Filmon.Com, Inc.. (Boccanfuso, Anthony) (Entered: 11/23/2010)
15
Filed: 11/23/2010, Entered: 11/23/2010
Response in Opposition to Motion
RESPONSE in Opposition re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by Filmon.Com, Inc.. (Boccanfuso, Anthony) (Entered: 11/23/2010)
DECLARATION of Martin D. Franks in Support re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 11/23/2010)
DECLARATION of Christopher Scott Morrow in Support re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Attachments: # 1 Exhibit 1 to S. Morrow Declaration, # 2 Exhibit 2 to S. Morrow Declaration, # 3 Exhibit 3 to S. Morrow Declaration)(Boccanfuso, Anthony) (Entered: 11/23/2010)
DECLARATION of Hadrian R. Katz in Support re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 11/23/2010)
MEMORANDUM OF LAW in Support re: 10 MOTION for Temporary Restraining Order (Replacement to Docket # 9). MOTION for Temporary Restraining Order (Replacement to Docket # 9).. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Boccanfuso, Anthony) (Entered: 11/23/2010)
MOTION for Temporary Restraining Order (Replacement to Docket # 9). Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC. (Attachments: # 1 Text of Proposed Order Unsigned Order to Show Cause)(Boccanfuso, Anthony) (Entered: 11/23/2010)
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 10) - MOTION for Temporary Restraining Order. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC.(Boccanfuso, Anthony) Modified on 12/20/2010 (gp). (Entered: 11/23/2010)
8
Filed: 11/22/2010, Entered: 11/23/2010
Memo Endorsement
MEMO ENDORSED ON ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION WITH TEMPORARY RESTRAINING ORDER: Having considered defendants affidavit and memorandum in response, plaintiffs reply papers and oral argument having been held, It is ordered that defendant FilmOn.com, Inc. show cause before the Honorable Naomi Reice Buchwald, United States District Judge, Courtroom 21A of the United States District Court for the Southern District of New York at a date and time to be determined. It is further ordered that defendant's supplemental papers are to be submitted by December 6, 2010 and plaintiffs response thereto is to be submitted by December 23, 2010. So Ordered (Signed by Judge Naomi Reice Buchwald on 11/22/2010) (js) (Entered: 11/23/2010)
MEMORANDUM AND ORDER: The Clerk of the Court is directed to strike from the record in this case the following documents: (1) The Exhibit to "Defendant FilmOn's Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction," and (2) the "Reply Declaration by Christopher Scott Morrow in support of Plaintiffs' Application for an Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order." The incorporation of memoranda of law filed in another case in lieu of briefing the precise issues raised in this litigation is unacceptable for at least three reasons. First, the use of a brief drafted by another lawyer as the content of an entire point in defendant's opposition is inconsistent with Federal Rule of Civil Procedure 11. Second, this approach is a flagrant violation of the page limits of this Court's Individual Practices. Third, incorporation of briefs filed in another case, even if closely related, impermissibly burdens the Court by requiring it to determine which portions of the other brief are on point to the specific issue presented. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 11/17/2010) (lnl) (Entered: 11/17/2010)
5
Filed: 10/28/2010, Entered: 10/28/2010
Endorsed Letter
ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Scott Zarin dated 10/26/2010 re: Requesting an extension of time until November 25, 2010, for Defendant Filmon.com to file an answer. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 10/27/2010) (jpo) (Entered: 10/28/2010)
4
Filed: 10/13/2010, Entered: 10/13/2010
Affidavit of Service Complaints
AFFIDAVIT OF SERVICE of Summons and Complaint,. Filmon.Com, Inc. served on 10/5/2010, answer due 10/26/2010. Document filed by NBC Studios, Inc.; Universal Network Television, LLC; Twentieth Century Fox Film Corporation; Disney Enterprises, Inc.; Fox Television Stations, Inc.; CBS Broadcasting Inc.; NBC Subsidiary (KNBC-TV), Inc.; ABC Holding Company, Inc.. (Boccanfuso, Anthony) (Entered: 10/13/2010)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying CBS Corporation; National Amusements; NBC Universal Inc.; General Electric Corporation; Vivendi, S.A; NBC Universal Inc.; Fox Entertainment Group, Inc.; News Corporation;American Broadcasting, Inc.; The Walt Disney Company; Disney Enterprises as Corporate Parent. Document filed by ABC Holding Company, Inc., CBS Broadcasting Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, Inc., NBC Subsidiary (KNBC-TV), Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC.(ama) (Entered: 10/04/2010)
COMPLAINT against Filmon.Com, Inc. (Filing Fee $ 350.00, Receipt Number 916561)Document filed by NBC Studios, Inc., Universal Network Television, LLC, Twentieth Century Fox Film Corporation, Disney Enterprises, Inc., Fox Television Stations, Inc., CBS Broadcasting Inc., NBC Subsidiary (KNBC-TV), Inc., ABC Holding Company, Inc. (Attachments: # 1 Exhibit 1 thru 20)(ama) (Entered: 10/04/2010)
Update
Alerts
Jump