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Since this appears to be a very large docket, we will only show 500 entries at at time.
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 358 |
Filed: 7/30/2015, Entered: None |
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MEMO ENDORSEMENT on re: 357 LETTER addressed to Judge Alison J. Nathan from Bruce P. Keller dated July 24, 2015 re: Attorney Withdrawal. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc. ENDORSEMENT: So ordered. Attorney Bruce P. Keller terminated. (Signed by Judge Alison J. Nathan on 7/27/2015) (rjm) (Entered: 07/30/2015)
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 Request |
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| 357 |
Filed: 7/24/2015, Entered: None |
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LETTER addressed to Judge Alison J. Nathan from Bruce P. Keller dated July 24, 2015 re: Attorney Withdrawal. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc..Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Keller, Bruce) (Entered: 07/24/2015)
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Request |
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| 356 |
Filed: 5/11/2015, Entered: None |
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STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION: Defendant is PERMANENTLY RESTRAINED AND ENJOINED from (i) streaming, transmitting, retransmitting, performing, distributing, exhibiting, displaying or otherwise making available to the public, without the prior written consent of the copyright owner, any Copyrighted Programming, simultaneously or non-simultaneously with the over-the-air broadcast thereof, through any device or process, including, without limitation, over the Internet through websites such as aereo.com, via mobile devices, or otherwise, or (ii) engaging in any other activity that infringes, whether directly or indirectly, any Plaintiff's exclusive rights in any Copyrighted Programming under Section 106(1)-(5) ofthe Copyright Act, 17 U.S.C. §§ 101 et seq. 3. The Permanent Injunction replaces the Preliminary Injunction. 4. Violation of this Stipulated Consent Judgment and Permanent Injunction shall be subject to all applicable penalties, including contempt of Court. 5. Plaintiffs shall be awarded damages for Defendant's infringement in the amount of $10,000 per work as set forth in their allowed proofs of claims filed in the Bankruptcy Case and listed in Exhibit A hereto, with such damages to be paid and collected in accordance with the Settlement. 6. All claims, counterclaims and defenses in this action are hereby resolved by this Stipulated Consent Judgment and Permanent Injunction. 7. All Parties shall bear their own costs. 8. This Court shall retain continuing jurisdiction over the Parties and the action solely for purposes of enforcing this Stipulated Consent Judgment and Permanent Injunction. (Signed by Judge Alison J. Nathan on 5/11/2015) (kgo) (Entered: 05/11/2015)
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| 355 |
Filed: 11/25/2014, Entered: None |
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ORDER: This Order clarifies the Court's Order dated 11/24/2014, Dkt. No. 354, to note that the deadline for the next semi-annual status update in this matter is 5/21/2015. (Signed by Judge Alison J. Nathan on 11/25/2014) Filed In Associated Cases: 2:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(tro) (Entered: 11/25/2014)
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Request |
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| 354 |
Filed: 11/24/2014, Entered: None |
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ORDER: The Court has been informed that the Defendant in the above-captioned matters filed for bankruptcy. See Dkt. No. 353. Because Defendant has entered bankruptcy proceedings, an automatic stay of this litigation is required by 11 U.S.C. § 362. It is therefore ORDERED that this case be suspended. Plaintiffs shall submit semi-annual written reports as to the status of the relevant bankruptcy proceeding. Plaintiffs' letters shall indicate whether this case should remain on suspense, or else be dismissed or restored to the regular calendar. The first of these semi-annual updates shall be submitted on or before May 21, 2014. (Signed by Judge Alison J. Nathan on 11/24/2014) (lmb) (Entered: 11/24/2014)
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Request |
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| 353 |
Filed: 11/21/2014, Entered: None |
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SUGGESTION OF BANKRUPTCY upon the record . Document filed by AEREO, Inc.Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Hosp, R.) (Entered: 11/21/2014)
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Request |
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| 352 |
Filed: 11/14/2014, Entered: None |
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ORDER: On January 22, 2014, this Court stayed discovery in these consolidated actions pending a decision by the Supreme Court on Plaintiffs' appeal of this Court's and the Second Circuit's denial of a preliminary injunction. Dkt. No. 307 in 12-CV-1540. Before that stay was entered, and as noted in this Court's Order dated January 13, 2014, the parties had already expended significant resources to complete fact discovery, which closed on October 30, 2013, and had nearly completed expert discovery, which was set to close on February 3, 2014. Dkt. No. 304. In light of this Court's most recent Opinion and Order, Dkt. No. 341, the Court believes that the most expeditious way to proceed is to complete all discovery and then allow the parties to submit summary judgment motions on the basis of a closed factual record. This will allow the Court to address all issues for which there is no factual dispute at once, rather than in a piece-meal fashion. Therefore, the Court hereby sets the following schedule: All expert discovery shall be completed by January 16, 2015; Summary judgment and Daubert motions, if any, are to be filed no later than February 16, 2015; To the extent that factual issues remain to be tried, the Court will set an expedited schedule for trial following resolution of the summary judgment motions., ( Expert Discovery due by 1/16/2015., Motions due by 2/16/2015.) (Signed by Judge Alison J. Nathan on 11/14/2014) (lmb) (Entered: 11/14/2014)
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Request |
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| 351 |
Filed: 11/13/2014, Entered: None |
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JOINT LETTER addressed to Judge Alison J. Nathan from Bruce Keller dated November 12, 2014 re: Joint Letter Deadline. Document filed by Fox Television Stations, Inc., Public Broadcasting Service, The Univision Network Limited Partnership, Thirteen, Twentieth Century Fox Film Corporation, Univison Television Group, Inc., WNET, WPIX, Inc..Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Stone, Richard) (Entered: 11/13/2014)
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| 350 |
Filed: 11/13/2014, Entered: None |
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LETTER addressed to Judge Alison J. Nathan from R. David Hosp dated 11/13/2014 re: Joint Letter Correction. Document filed by AEREO, Inc..Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Hosp, R.) (Entered: 11/13/2014)
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Request |
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| 349 |
Filed: 11/12/2014, Entered: None |
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JOINT LETTER addressed to Judge Alison J. Nathan from Bruce P. Keller dated 11/12/14 re: Joint Letter Deadline. Document filed by Fox Television Stations, Inc., Public Broadcasting Service, The Univision Network Limited Partnership, Thirteen, Twentieth Century Fox Film Corporation, Univison Television Group, Inc., WNET, WPIX, Inc..Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Stone, Richard) (Entered: 11/12/2014)
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Request |
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| 348 |
Filed: 11/5/2014, Entered: None |
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MEMO ENDORSEMENT on re: 347 Letter, filed by WNET, Univison Television Group, Inc., Fox Television Stations, Inc., Twentieth Century Fox Film Corporation, Thirteen, THIRTEEN, Public Broadcasting Service, WPIX, Inc., The Univision Network Limited Partnership. ENDORSEMENT: The parties' joint request for an extension of their deadline to submit a joint letter, see Dkt. No. 342, is GRANTED. The parties shall submit the joint letter no later than Wednesday, November 12, 2014. (Signed by Judge Alison J. Nathan on 11/5/2014) (lmb) (Entered: 11/05/2014)
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Request |
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| 347 |
Filed: 11/5/2014, Entered: None |
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LETTER addressed to Judge Alison J. Nathan from Julie Shepard dated November 5, 2014 re: Extension of Joint Proposal Deadline. Document filed by Fox Television Stations, Inc., Public Broadcasting Service, The Univision Network Limited Partnership, Thirteen, Twentieth Century Fox Film Corporation, Univison Television Group, Inc., WNET, WPIX, Inc..Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Shepard, Julie) (Entered: 11/05/2014)
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| 346 |
Filed: 10/28/2014, Entered: None |
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STATUS REPORT. Aereo, Inc.'s Report Regarding Compliance With Preliminary Injunction Document filed by AEREO, Inc..Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Hosp, R.) (Entered: 10/28/2014)
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Request |
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| 345 |
Filed: 10/24/2014, Entered: None |
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REPLY MEMORANDUM OF LAW re: (308 in 1:12-cv-01543-AJN-HBP) Memorandum of Law, (Public Redacted). Document filed by Fox Television Stations, Inc., Public Broadcasting Service, The Univision Network Limited Partnership, Thirteen, Twentieth Century Fox Film Corporation, Univison Television Group, Inc., WNET, WPIX, Inc., American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC, Univision Television Group, Inc., WNJU-TV Broadcasting LLC. Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Stone, Richard) (Entered: 10/24/2014)
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| 344 |
Filed: 10/23/2014, Entered: None |
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LETTER addressed to Judge Alison J. Nathan from Julie A. Shepard dated September 10, 2014 re: ABC, et al. v. Aereo, Inc., Nos. 12-Civ-1540, 1543-AJN (S.D.N.Y.) (Consolidated). Document filed by Fox Television Stations, Inc., Public Broadcasting Service, The Univision Network Limited Partnership, Thirteen, Twentieth Century Fox Film Corporation, Univison Television Group, Inc., WNET, WPIX, Inc., American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC, Univision Television Group, Inc., WNJU-TV Broadcasting LLC.Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Stone, Richard) (Entered: 10/23/2014)
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Request |
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| 343 |
Filed: 10/23/2014, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: (305 in 1:12-cv-01543-AJN-HBP) MOTION for Preliminary Injunction . (Public Redacted). Document filed by Fox Television Stations, Inc., Public Broadcasting Service, The Univision Network Limited Partnership, Thirteen, Twentieth Century Fox Film Corporation, Univison Television Group, Inc., WNET, WPIX, Inc., American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., Fox Television Stations, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Twentieth Century Fox Film Corporation, Universal Network Television, LLC, Univision Television Group, Inc., WNJU-TV Broadcasting LLC. Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Stone, Richard) Modified on 10/24/2014 (db). (Entered: 10/23/2014)
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Request |
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 342 |
Filed: 10/23/2014, Entered: 10/23/2014 |
Preliminary Injunction |
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ORDER GRANTING PRELIMINARY INJUNCTION: This Court hereby GRANTS the Motion and ORDERS THAT: 1. For purposes of this Preliminary Injunction, the following definitions shall apply: a. "Plaintiffs" shall mean Plaintiffs WNET, THIRTEEN, Fox Television Stations, Inc., Twentieth Century Fox Film Corporation, WPIX, LLC, Univision Television Group, Inc., The Univision Network Limited Partnership, Public Broadcasting Service, American Broadcasting Companies, Inc., Disney Enterprises, Inc., CBS Broadcasting Inc., CBS Studios Inc., NBCUniversal Media, LLC, NBC Studios, LLC, Universal Network Television, LLC, Telemundo Network Group LLC, and WNJU-TV Broadcasting LLC. b. "Defendant" shall mean Defendant Aereo, Inc. (formerly known as Bamboom Labs, Inc.). c. "Copyrighted Programming" shall mean each of those broadcast television programming works, or portions thereof, whether now in existence or later created, including but not limited to original programming, motion pictures and newscasts, in which the Plaintiffs, or any of them, (or any parent, subsidiary, or affiliate of any of the Plaintiffs) owns or controls an exclusive right under the United States Copyright Act, 17 U.S.C. §§ 101 et seq. 2. Pending a final resolution ofthis action, Defendant, and all of its parents, subsidiaries, affiliates, officers, agents, servants, employees, attorneys, and those persons in active concert or participation with them who receive actual notice of this Order (the "Enjoined Parties") are preliminarily enjoined from streaming, transmitting, retransmitting, or otherwise publicly performing any Copyrighted Programming over the Internet (through websites such as aereo.com), or by means of any device or process throughout the United States of America, while the Copyrighted Programming is still being broadcast. 3. Violation of this Preliminary Injunction shall expose Defendant and all other persons bound by this Preliminary Injunction to all applicable penalties, including contempt of Court. 4. Within three court days of the effective date of this Preliminary Injunction, Defendant shall file and serve a report in writing and under oath setting forth in detail the manner and form with which Defendant has complied with the Preliminary Injunction. 5. Nothing herein shall restrict Plaintiffs' ability to seek permanent injunctive relief with terms that are broader in scope than those delineated herein. (Signed by Judge Alison J. Nathan on 10/23/2014) (kgo) (Entered: 10/23/2014)
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| 341 |
Filed: 10/23/2014, Entered: 10/23/2014 |
Memorandum and Opinion |
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OPINION AND ORDER re: 321 (re: 338 in 1:12-cv-01540-AJN-HBP, 302 in 1:12-cv-01543-AJN-HBP) MOTION for Leave to File Supplemental Evidence In Support of Its Opposition to Plaintiffs' Motion for Preliminary Injunction. filed by AEREO, Inc.. In light of the Supreme Court's decision, Plaintiffs are now able to demonstrate a likelihood of success on the merits. The balance of hardships also now tips in their favor and, as previously held, an injunction would not disserve the public interest, Aereo I, 874 F. Supp. 2d at 403-404. Therefore, the Court hereby holds that Plaintiffs' motion for a preliminary injunction barring Aereo from retransmitting programs to its subscribers while the programs are still being broadcast is GRANTED. An order granting the preliminary injunction will issue separately. Within two weeks of this Opinion and Order, the parties shall submit a joint letter outlining how the case should proceed. In light of the extensive discovery period that has already taken place, this Court intends to set a rapid schedule for the completion of discovery, so that the case may proceed expeditiously to the final merits stage. The Clerk of Court is directed to strike Dkt. Nos. 326, 327, 331, 333, and 334. See supra note 7. For the reasons stated in Plaintiffs' September 10, 2014 letter that was submitted via email pursuant to Rules 1.B and 4.A of this Court's Individual Practices in Civil Cases, Plaintiffs' request to file redacted versions of their reply memorandum of law is GRANTED. Plaintiffs shall promptly file the redacted version of their reply memorandum of law, but shall not file any of the supplemental declarations or exhibits submitted with the reply memorandum of law that go to showings of harm that the Court will not consider at this stage. Plaintiffs shall also promptly file the September 10, 2014 letter with appropriate redactions of commercially sensitive information as necessary. The Court will file the unredacted reply memorandum of law and the September 10, 2014 letter under seal. Dkt. No. 338 is resolved as moot. (Signed by Judge Alison J. Nathan on 10/23/2014) (kgo) Modified on 10/23/2014 (kgo). Modified on 10/23/2014 (kgo). (Entered: 10/23/2014)
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| 340 |
Filed: 10/22/2014, Entered: 10/22/2014 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/15/2014 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...Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(McGuirk, Kelly) (Entered: 10/22/2014)
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Request |
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| 339 |
Filed: 10/22/2014, Entered: 10/22/2014 |
Transcript |
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TRANSCRIPT of Proceedings re: motion held on 10/15/2014 before Judge Alison J. Nathan. Court Reporter/Transcriber: Steven Griffing, (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 11/17/2014. Redacted Transcript Deadline set for 12/1/2014. Release of Transcript Restriction set for 1/23/2015.Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(McGuirk, Kelly) (Entered: 10/22/2014)
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Request |
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| 338 |
Filed: 10/14/2014, Entered: 10/14/2014 |
Motion for Leave to File Document |
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| 337 |
Filed: 10/9/2014, Entered: 10/9/2014 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Robert Alan Garrett on behalf of American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Garrett, Robert) (Entered: 10/09/2014)
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Request |
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| 336 |
Filed: 10/9/2014, Entered: 10/9/2014 |
Order on Motion to Appear Pro Hac Vice |
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ORDER FOR ADMISSION PRO HAC VICE: granting 335 Motion for Robert Alan Garrett to Appear Pro Hac Vice. (Signed by Magistrate Judge Henry B. Pitman on 10/9/2014) (djc) (Entered: 10/09/2014)
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Request |
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| 335 |
Filed: 10/8/2014, Entered: 10/8/2014 |
Motion to Appear Pro Hac Vice |
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MOTION for Robert Alan Garrett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10186071. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Garrett, Robert) (Entered: 10/08/2014)
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Request |
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| 334 |
Filed: 9/19/2014, Entered: 9/19/2014 |
Brief |
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Request |
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| 333 |
Filed: 9/10/2014, Entered: 9/10/2014 |
Opposition Brief |
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| 332 |
Filed: 9/8/2014, Entered: 9/8/2014 |
Memo Endorsement |
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| 331 |
Filed: 9/5/2014, Entered: 9/5/2014 |
~Notice (other) |
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| 330 |
Filed: 9/5/2014, Entered: 9/5/2014 |
Letter |
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| 329 |
Filed: 9/2/2014, Entered: 9/2/2014 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: (296 in 1:12-cv-01543-AJN-HBP, 328 in 1:12-cv-01540-AJN-HBP) Letter filed by AEREO, Inc. Defendant Aereo's request to submit a substantive request for redaction of the Expert Report of Dr. Tasneem Chipty no later than September 5, 2014 is GRANTED. Dr. Chipty's report will be deemed timely filed as of August 29, 2014. Defendant's request for oral argument is GRANTED. Oral Argument shall be held on October 15, 2014 at 10:00 a.m. (Oral Argument set for 10/15/2014 at 10:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 9/2/2014) Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(tro) (Entered: 09/02/2014)
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| 328 |
Filed: 8/29/2014, Entered: 8/29/2014 |
Letter |
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LETTER addressed to Judge Alison J. Nathan from R. David Hosp dated 08/29/2014 re: Oral Argument and Redaction Requests. Document filed by AEREO, Inc..Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Hosp, R.) (Entered: 08/29/2014)
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Request |
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| 327 |
Filed: 8/29/2014, Entered: 8/29/2014 |
Declaration in Support |
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Request |
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| 326 |
Filed: 8/29/2014, Entered: 8/29/2014 |
Declaration in Support |
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Request |
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| 325 |
Filed: 8/29/2014, Entered: 8/29/2014 |
Opposition Brief |
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| 324 |
Filed: 8/21/2014, Entered: 8/21/2014 |
USCA Mandate |
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Request |
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| 323 |
Filed: 8/15/2014, Entered: 8/15/2014 |
Memorandum of Law |
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| 322 |
Filed: 8/1/2014, Entered: 8/4/2014 |
Protective Order |
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STIPULATION AND PROTECTIVE ORDER CONCERNING SCOPE OF DEPOSITION OF THE NIELSEN COMPANY (US), LLC...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Alison J. Nathan on 8/1/2014 and Magistrate Judge Pitman on 7/31/2014) ***Pursuant to instructions from Chambers, Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(mro) (Entered: 08/04/2014)
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Request |
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| 321 |
Filed: 8/1/2014, Entered: 8/1/2014 |
Order Striking Document from Record |
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ORDER: The Clerk of Court is directed to strike docket entry numbers 317, 318, 319, 320 for failure to comply with this Court's individual practices. The Clerk of Court is directed to strike Docket Numbers 317, 318, 319, and 320. The Court agrees with Plaintiffs that the appropriate next step is to consider a proposed order consistent with the Supreme Court's decision and the Court directs Plaintiffs to prepare such an order, accompanied by a memorandum of law in support of their position, on or before two weeks from today's date. Defendant's opposition, if any, shall be filed on or before two weeks after receipt of Plaintiffs' proposed order and memorandum of law. Plaintiffs' reply memorandum, if any, shall be filed on or before one week after receipt of Defendant's opposition papers. With the exception of the above-ordered briefing, the stay of discovery ordered by the Court on January 22, 2014, Dkt. No. 307, shall remain in effect until further order of the Court.(Signed by Judge Alison J. Nathan on 8/1/2014) (djc) Modified on 8/1/2014 (djc). Modified on 8/1/2014 (djc). (Entered: 08/01/2014)
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| 320 |
Filed: 7/31/2014, Entered: None |
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DECLARATION of R. David Hosp in Support re: (285 in 1:12-cv-01543-AJN-HBP) MOTION Emergency Consideration of Preliminary Injunction Issues Upon Remand.. Document filed by AEREO, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Hosp, R.) (Entered: 07/31/2014)
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Request |
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| 319 |
Filed: 7/31/2014, Entered: None |
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DECLARATION of Chaitanya Kanojia in Support re: (285 in 1:12-cv-01543-AJN-HBP) MOTION Emergency Consideration of Preliminary Injunction Issues Upon Remand.. Document filed by AEREO, Inc.. Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Hosp, R.) (Entered: 07/31/2014)
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Request |
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| 318 |
Filed: 7/31/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: (285 in 1:12-cv-01543-AJN-HBP) MOTION Emergency Consideration of Preliminary Injunction Issues Upon Remand. . Document filed by AEREO, Inc.. Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Hosp, R.) (Entered: 07/31/2014)
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| 317 |
Filed: 7/31/2014, Entered: None |
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MOTION Emergency Consideration of Preliminary Injunction Issues Upon Remand. Document filed by AEREO, Inc..Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Hosp, R.) (Entered: 07/31/2014)
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| 316 |
Filed: 7/31/2014, Entered: 7/31/2014 |
Protective Order |
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STIPULATION AND PROTECTIVE ORDER CONCERNING SCOPE OF DEPOSITION OF THE NIELSEN COMPANY (US), LLC...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Henry B. Pitman on 7/31/2014) ***As per instructions from chambers, Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP (tn) (Entered: 07/31/2014)
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| 315 |
Filed: 7/31/2014, Entered: 7/31/2014 |
Order on Motion to Withdraw as Attorney |
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MEMO ENDORSEMENT granting (276 in case 1:12-cv-01543-AJN-HBP) Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. Attorney Steven Bernard Fabrizio terminated in case 1:12-cv-01543-AJN-HBP. (Signed by Magistrate Judge Henry B. Pitman on 7/31/2014) ***As per instructions from chambers, Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP (tn) (Entered: 07/31/2014)
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| 314 |
Filed: 7/31/2014, Entered: 7/31/2014 |
USCA Order - Other |
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ORDER of USCA (Certified Copy) as to 110 Notice of Interlocutory Appeal,, filed by Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, WNJU-TV Broadcasting LLC, Universal Network Television, LLC, Telemundo Network Group LLC, CBS Studios Inc., American Broadcasting Companies, Inc., CBS Broadcasting Inc. USCA Case Number 12-2786..Pursuant to the United States Supreme Court's opinion, which reversed and remanded this court's decision. The mandate in this case is hereby recalled.Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 07/31/2014. Certified: 07/31/2014. (Attachments: # 1 U.S. Supreme Court's Opinion)(nd) (Entered: 07/31/2014)
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Request |
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| 313 |
Filed: 7/9/2014, Entered: 7/9/2014 |
Letter |
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JOINT LETTER addressed to Judge Alison J. Nathan from Bruce P. Keller dated July 9, 2014 re: the next steps in this litigation. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC.(Keller, Bruce) (Entered: 07/09/2014)
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| 312 |
Filed: 7/3/2014, Entered: 7/7/2014 |
Order on Motion for Extension of Time |
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ORDER: granting 311 Letter Motion for Extension of Time. The parties' request for an additional week to submit a joint status letter is GRANTED. A joint status letter shall be submitted no later than July 9, 2014. In the future, as counsel is well aware, communications with the Court shall be by letter, not by phone. See Rule l.A of this Court's Individual Practices in Civil Cases. Failure to comply with this rule in the future will result in denial of the request. (Signed by Judge Alison J. Nathan on 7/3/2014) (djc) Modified on 7/7/2014 (djc). (Entered: 07/07/2014)
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Request |
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| 311 |
Filed: 7/2/2014, Entered: 7/2/2014 |
Motion for Extension of Time |
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LETTER MOTION for Extension of Time to file status report until July 9, 2014 addressed to Judge Alison J. Nathan from Matthew E. Fishbein dated 7/2/14. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC.(Fishbein, Matthew) (Entered: 07/02/2014)
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| 310 |
Filed: 3/4/2014, Entered: 3/4/2014 |
Received Letter of Acknowledgment |
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Received a letter from the Supreme Court of the United States acknowledging receipt of the entire file and assigned Case Number: 13-0461. (nm) (Entered: 03/04/2014)
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Request |
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| 309 |
Filed: 2/24/2014, Entered: 2/24/2014 |
Appeal Remark |
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Supreme Court Record Request as to (132 in 1:12-cv-01543-AJN-HBP) Notice of Appeal, filed by WNET, Thirteen, Public Broadcasting Service, Univison Television Group, Inc., Fox Television Stations, Inc., Twentieth Century Fox Film Corporation, The Univision Network Limited Partnership, WPIX, Inc.; (110 in 1:12-cv-01540-AJN-HBP) Notice of Interlocutory Appeal, filed by Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, WNJU-TV Broadcasting LLC, Universal Network Television, LLC, Telemundo Network Group LLC, CBS Studios Inc., American Broadcasting Companies, Inc., CBS Broadcasting Inc. USCA Case Number 12-2786; 12-2807: Supreme Court of the United States Case Number 13-0461. Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP. (tp) (Entered: 02/24/2014)
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Request |
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| 308 |
Filed: 1/22/2014, Entered: 1/22/2014 |
Memo Endorsement |
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Request |
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| 307 |
Filed: 1/21/2014, Entered: 1/21/2014 |
Letter |
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JOINT LETTER addressed to Judge Alison J. Nathan from Richard L. Stone dated January 21, 2014 re: Court's order dated January 13, 2014. Document filed by Fox Television Stations, Inc., Public Broadcasting Service, The Univision Network Limited Partnership, Thirteen, Twentieth Century Fox Film Corporation, Univison Television Group, Inc., WNET, WPIX, Inc., Fox Television Stations, Inc., Twentieth Century Fox Film Corporation, Univision Television Group, Inc..Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Stone, Richard) (Entered: 01/21/2014)
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Request |
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| 306 |
Filed: 1/17/2014, Entered: 1/17/2014 |
Memo Endorsement |
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MEMO ENDORSEMENT on re: (36 in 1:13-cv-03013-AJN) Letter, filed by CBS Television Licenses, L.L.C., Philadephia Television Station WPSG, Inc., Detroit Television Station WKBD, Inc., CBS Television Stations, Inc., CBS Operations, Inc., Pittsburgh Television Station WPCW, Inc., CBS Studios Inc., Atlanta Television Station WUPA, Inc., Television Station KTXA, Inc., Miami Television Station WBFS, Inc., CBS Broadcasting Inc., CBS Stations Group of Texas, Inc.ENDORSEMENT: On consent of the parties, this matter is STAYED pending the Supreme Court's decision in the appeal originating from 12-cv-1540 and 12-cv-1543. The pending motion to dismiss (docket no. 28) is therefore administratively denied without prejudice to refile following that decision. No later than one week after any decision by the Supreme Court in the related actions, the parties shall submit a joint letter stating their positions on how the case should proceed. Case stayed. Motions terminated: (28 in 1:13-cv-03013-AJN) MOTION to Dismiss the First Amended Complaint filed by CBS Television Licenses, L.L.C., Philadephia Television Station WPSG, Inc., Detroit Television Station WKBD, Inc., CBS Television Stations, Inc., CBS Operations, Inc., Pittsburgh Television Station WPCW, Inc., CBS Studios Inc., Atlanta Television Station WUPA, Inc., Television Station KTXA, Inc., Miami Television Station WBFS, Inc., CBS Broadcasting Inc., CBS Stations Group of Texas, Inc. (Signed by Judge Alison J. Nathan on 1/17/2014) ***Filed in 13cv3013 and 12cv1540. (tn) (Entered: 01/17/2014)
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Request |
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| 305 |
Filed: 1/16/2014, Entered: 1/16/2014 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Alison J. Nathan from Bruce P. Keller dated 1/15/2014 re: Counsel requests that the submission date for the joint letter be moved to 1/21/2014. ENDORSEMENT: So ordered. The submission date for the joint letter in 12-cv-1540 and 12-cv-1543 is adjusted to January 21, 2014. The submission date for the joint letter in 13-cv-3013 is similarly adjusted to January 21, 2014. The parties are reminded that submission of letters should be made through ECF, rather than by e-mail, pursuant to Individual Rule 1.A. (Signed by Judge Alison J. Nathan on 1/16/2014) Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP (tn) (Entered: 01/16/2014)
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Request |
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| 304 |
Filed: 1/13/2014, Entered: 1/13/2014 |
Order on Motion for Partial Summary Judgment |
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ORDER denying (195) Motion for Summary Judgment in case 1:12-cv-01540-AJN-HBP; denying (208) Motion for Partial Summary Judgment; denying (197) Motion for Summary Judgment in case 1:12-cv-01543-AJN-HBP: that the Court administratively DENIES the parties' summary judgment motions without prejudice and with leave to refile such motions with supplemental briefing after the Supreme Court's decision. This resolves docket number 195 in 12-cv-1540 and docket numbers 197 and 208 in 12-cv-1543. The parties are directed to submit a joint letter, no later than January 20, 2014, to this Court with copy to Magistrate Judge Pitman stating their positions on whether the matter, including discovery, should be stayed pending decision by the Supreme Court. (Signed by Judge Alison J. Nathan on 1/13/2014) Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP (tn) (Entered: 01/13/2014)
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Request |
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| 303 |
Filed: 12/6/2013, Entered: 12/6/2013 |
Protective Order |
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Request |
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| 302 |
Filed: 12/6/2013, Entered: 12/6/2013 |
Order on Motion to Withdraw as Attorney |
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Request |
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| 301 |
Filed: 12/4/2013, Entered: 12/4/2013 |
Motion to Withdraw as Attorney |
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| 300 |
Filed: 12/4/2013, Entered: 12/4/2013 |
Motion for Protective Order |
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Request |
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| 299 |
Filed: 11/25/2013, Entered: 11/25/2013 |
Reply |
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| 298 |
Filed: 10/31/2013, Entered: 10/31/2013 |
Answer to Amended Complaint |
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Request |
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| 297 |
Filed: 10/30/2013, Entered: 10/31/2013 |
Stipulation and Order |
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| 296 |
Filed: 10/24/2013, Entered: 10/24/2013 |
Order Admitting Attorney Pro Hac Vice |
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Request |
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| 295 |
Filed: 10/24/2013, Entered: 10/24/2013 |
Order on Motion to Appear Pro Hac Vice |
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Request |
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| 294 |
Filed: 10/23/2013, Entered: 10/23/2013 |
Motion to Appear Pro Hac Vice |
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Request |
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| 293 |
Filed: 10/22/2013, Entered: 10/22/2013 |
Certificate of Service Other |
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Request |
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| 292 |
Filed: 10/17/2013, Entered: 10/18/2013 |
Amended Complaint |
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Request |
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| 291 |
Filed: 10/18/2013, Entered: 10/18/2013 |
Order on Motion to Appear Pro Hac Vice |
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Request |
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| 290 |
Filed: 10/18/2013, Entered: 10/18/2013 |
Order on Motion to Appear Pro Hac Vice |
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Request |
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| 289 |
Filed: 10/17/2013, Entered: 10/17/2013 |
Motion to Appear Pro Hac Vice |
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Request |
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| 288 |
Filed: 10/17/2013, Entered: 10/17/2013 |
Motion to Appear Pro Hac Vice |
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Request |
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| 287 |
Filed: 10/17/2013, Entered: 10/17/2013 |
Order |
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Request |
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| 286 |
Filed: 10/7/2013, Entered: 10/17/2013 |
Memorandum and Opinion |
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Request |
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| 285 |
Filed: 10/15/2013, Entered: 10/15/2013 |
~Notice (other) |
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| 284 |
Filed: 10/11/2013, Entered: 10/11/2013 |
Notice of Appearance |
|
NOTICE OF APPEARANCE by Alex Jonathan Feerst on behalf of AEREO, Inc.. Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(Feerst, Alex) (Entered: 10/11/2013)
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Request |
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| 283 |
Filed: 10/7/2013, Entered: 10/7/2013 |
Memorandum and Opinion |
|
OPINION AND ORDER: Accordingly, for all the foregoing reasons, Aereo's application for reconsideration of my Order directing it to produce Joseph Lipowski and Chet Kanojia for an additional hour of deposition testimony each concerning their patent applications is denied in all respects. (Signed by Magistrate Judge Henry B. Pitman on 10/7/2013) Filed In Associated Cases: 1:12-cv-01540-AJN-HBP, 1:12-cv-01543-AJN-HBP(ft)
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| 282 |
Filed: 8/8/2013, Entered: 8/8/2013 |
Stipulation and Order |
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Request |
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| 281 |
Filed: 8/7/2013, Entered: 8/7/2013 |
Response |
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Request |
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| 280 |
Filed: 7/30/2013, Entered: 7/30/2013 |
Sealed Document + |
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Request |
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| 279 |
Filed: 7/30/2013, Entered: 7/30/2013 |
Sealed Document + |
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Request |
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| 278 |
Filed: 7/30/2013, Entered: 7/30/2013 |
Sealed Document + |
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Request |
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| 277 |
Filed: 7/30/2013, Entered: 7/30/2013 |
Sealed Document + |
|
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|
Request |
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| 276 |
Filed: 7/30/2013, Entered: 7/30/2013 |
Sealed Document + |
|
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|
Request |
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| 275 |
Filed: 7/30/2013, Entered: 7/30/2013 |
Sealed Document + |
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Request |
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| 274 |
Filed: 7/30/2013, Entered: 7/30/2013 |
Sealed Document + |
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Request |
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| 273 |
Filed: 7/30/2013, Entered: 7/30/2013 |
Sealed Document + |
|
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Request |
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| 272 |
Filed: 7/30/2013, Entered: 7/30/2013 |
Sealed Document + |
|
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|
Request |
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| 271 |
Filed: 7/30/2013, Entered: 7/30/2013 |
Sealed Document + |
|
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Request |
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| 270 |
Filed: 7/30/2013, Entered: 7/30/2013 |
Sealed Document + |
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Request |
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| 269 |
Filed: 7/29/2013, Entered: 7/29/2013 |
USCA Mandate |
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Request |
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| 268 |
Filed: 7/26/2013, Entered: 7/26/2013 |
Declaration |
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Request |
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| 267 |
Filed: 7/26/2013, Entered: 7/26/2013 |
Response |
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Request |
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| 266 |
Filed: 7/26/2013, Entered: 7/26/2013 |
Declaration in Support |
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Request |
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|
|
| 265 |
Filed: 7/26/2013, Entered: 7/26/2013 |
Response |
|
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Request |
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|
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| 264 |
Filed: 7/25/2013, Entered: 7/25/2013 |
~Notice (other) |
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Request |
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| 263 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Declaration in Opposition to Motion |
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Request |
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| 262 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Declaration in Opposition to Motion |
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Request |
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| 261 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Declaration |
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Request |
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| 260 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Response |
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| 259 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Objection (non-motion) |
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Request |
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|
| Save 25% on a pre-paid one year subscription. |
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| 258 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Memorandum of Law in Opposition to Motion |
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Request |
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| 257 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Declaration in Support |
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Request |
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| 256 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Response |
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Request |
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| 255 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Declaration in Support |
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Request |
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| 254 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Declaration |
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Request |
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| 253 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Reply |
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Request |
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| 252 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Objection (non-motion) |
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Request |
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| 251 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Reply |
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Request |
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| 250 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Declaration in Support |
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Request |
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| 249 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Response |
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| 248 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Declaration in Opposition to Motion |
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Request |
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| 247 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Declaration |
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Request |
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| 246 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Declaration in Opposition to Motion |
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Request |
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| 245 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Declaration in Opposition to Motion |
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Request |
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| 244 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Response |
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Request |
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| 243 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Declaration in Opposition to Motion |
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Request |
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| 242 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Declaration in Opposition to Motion |
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Request |
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| 241 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Declaration in Opposition to Motion |
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Request |
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| 240 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Counter Statement to Rule 56.1 |
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Request |
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| 239 |
Filed: 7/17/2013, Entered: 7/17/2013 |
Memorandum of Law in Opposition to Motion |
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Request |
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| 238 |
Filed: 7/16/2013, Entered: 7/16/2013 |
Declaration in Support |
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Request |
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| 237 |
Filed: 7/16/2013, Entered: 7/16/2013 |
Reply |
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Request |
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| 236 |
Filed: 7/16/2013, Entered: 7/16/2013 |
Declaration in Support |
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Request |
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| 235 |
Filed: 7/16/2013, Entered: 7/16/2013 |
Objection (non-motion) |
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Request |
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| 234 |
Filed: 7/12/2013, Entered: 7/15/2013 |
Order |
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Request |
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| 233 |
Filed: 7/11/2013, Entered: 7/11/2013 |
Notice of Filing Transcript |
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Request |
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| 232 |
Filed: 7/11/2013, Entered: 7/11/2013 |
Transcript |
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Request |
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| 231 |
Filed: 7/10/2013, Entered: 7/10/2013 |
Notice of Filing Transcript |
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Request |
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| 230 |
Filed: 7/10/2013, Entered: 7/10/2013 |
Transcript |
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Request |
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| 229 |
Filed: 7/9/2013, Entered: 7/9/2013 |
Reply Memorandum of Law in Support of Motion |
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Request |
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| 228 |
Filed: 7/3/2013, Entered: 7/3/2013 |
Order |
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| 228 |
Filed: None, Entered: None |
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| 227 |
Filed: 7/3/2013, Entered: 7/3/2013 |
Scheduling Order |
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Request |
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| 226 |
Filed: 7/2/2013, Entered: 7/2/2013 |
Declaration in Support of Motion |
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| 225 |
Filed: 7/2/2013, Entered: 7/2/2013 |
Rule 56.1 Statement |
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Request |
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| 224 |
Filed: 7/1/2013, Entered: 7/2/2013 |
Endorsed Letter |
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Request |
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| 223 |
Filed: 7/1/2013, Entered: 7/1/2013 |
Declaration in Opposition to Motion |
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Request |
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| 222 |
Filed: 7/1/2013, Entered: 7/1/2013 |
Counter Statement to Rule 56.1 |
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Request |
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| 221 |
Filed: 7/1/2013, Entered: 7/1/2013 |
Memorandum of Law in Opposition to Motion |
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Request |
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| 220 |
Filed: 7/1/2013, Entered: 7/1/2013 |
Sealed Document + |
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Request |
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| 219 |
Filed: 7/1/2013, Entered: 7/1/2013 |
Sealed Document + |
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Request |
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| 218 |
Filed: 6/26/2013, Entered: 6/26/2013 |
Declaration in Support of Motion |
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Request |
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| 218 |
Filed: None, Entered: None |
|
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|
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 217 |
Filed: 6/26/2013, Entered: 6/26/2013 |
Rule 56.1 Statement |
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| 217 |
Filed: None, Entered: None |
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| 216 |
Filed: 6/26/2013, Entered: 6/26/2013 |
Stipulation and Order |
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Request |
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| 215 |
Filed: 6/24/2013, Entered: 6/25/2013 |
Order |
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| 214 |
Filed: 6/21/2013, Entered: 6/21/2013 |
Response |
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Request |
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| 213 |
Filed: 6/19/2013, Entered: 6/19/2013 |
Endorsed Letter |
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| 212 |
Filed: 6/12/2013, Entered: 6/12/2013 |
Scheduling Order |
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Request |
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| 211 |
Filed: 6/7/2013, Entered: 6/10/2013 |
Letter |
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| 210 |
Filed: 6/7/2013, Entered: 6/7/2013 |
Declaration in Opposition to Motion |
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Request |
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| 209 |
Filed: 6/7/2013, Entered: 6/7/2013 |
Declaration in Opposition to Motion |
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Request |
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| 208 |
Filed: 6/7/2013, Entered: 6/7/2013 |
Objection (non-motion) |
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| 207 |
Filed: 5/29/2013, Entered: 5/30/2013 |
Stipulation and Order |
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Request |
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| 206 |
Filed: 5/24/2013, Entered: 5/24/2013 |
Reply Memorandum of Law in Support of Motion |
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Request |
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| 205 |
Filed: 5/23/2013, Entered: 5/23/2013 |
Order |
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Request |
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| 204 |
Filed: 5/23/2013, Entered: 5/23/2013 |
Order |
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Request |
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| 203 |
Filed: 5/17/2013, Entered: 5/20/2013 |
Sealed Document + |
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Request |
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| 202 |
Filed: 5/17/2013, Entered: 5/17/2013 |
Declaration in Opposition to Motion |
|
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Request |
|
|
|
| 201 |
Filed: 5/17/2013, Entered: 5/17/2013 |
Memorandum of Law in Opposition to Motion |
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|
| 200 |
Filed: 5/17/2013, Entered: 5/17/2013 |
Order |
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Request |
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|
| 199 |
Filed: 5/14/2013, Entered: 5/15/2013 |
Sealed Document + |
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Request |
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| 198 |
Filed: 5/14/2013, Entered: 5/14/2013 |
Declaration in Support of Motion |
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Request |
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|
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| 197 |
Filed: 5/14/2013, Entered: 5/14/2013 |
Rule 56.1 Statement |
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Request |
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| 196 |
Filed: 5/14/2013, Entered: 5/14/2013 |
Memorandum of Law in Support of Motion |
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| 195 |
Filed: 5/14/2013, Entered: 5/14/2013 |
Motion for Summary Judgment |
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Request |
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| 194 |
Filed: 5/6/2013, Entered: 5/6/2013 |
Statement of Relatedness purs. to Rule 1.6 |
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| 193 |
Filed: 5/2/2013, Entered: 5/2/2013 |
Notice of Appearance |
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Request |
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| 192 |
Filed: 4/30/2013, Entered: 4/30/2013 |
Memorandum of Law in Support of Motion |
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| 192 |
Filed: None, Entered: None |
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| 191 |
Filed: 4/30/2013, Entered: 4/30/2013 |
Motion to Amend/Correct |
|
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Request |
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| 190 |
Filed: 4/30/2013, Entered: 4/30/2013 |
Notice of Appearance |
|
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Request |
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| 189 |
Filed: 4/29/2013, Entered: 4/29/2013 |
Notice of Appearance |
|
|
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Request |
|
|
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| 188 |
Filed: 4/29/2013, Entered: 4/29/2013 |
~Notice (other) |
|
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Request |
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| 187 |
Filed: 4/26/2013, Entered: 4/26/2013 |
Reply Memorandum of Law in Support |
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Request |
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| 186 |
Filed: 4/25/2013, Entered: 4/26/2013 |
Order |
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|
Request |
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| 185 |
Filed: 4/25/2013, Entered: 4/26/2013 |
Order |
|
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Request |
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| 184 |
Filed: 4/24/2013, Entered: 4/24/2013 |
Letter |
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| 184 |
Filed: None, Entered: None |
|
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| 183 |
Filed: 4/23/2013, Entered: 4/23/2013 |
Declaration |
|
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|
Request |
|
|
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| 182 |
Filed: 4/23/2013, Entered: 4/23/2013 |
Memorandum of Law |
|
|
|
Request |
|
|
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| 181 |
Filed: 4/23/2013, Entered: 4/23/2013 |
Response |
|
|
|
Request |
|
|
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| 180 |
Filed: 4/22/2013, Entered: 4/22/2013 |
Declaration |
|
|
|
Request |
|
|
|
| 179 |
Filed: 4/22/2013, Entered: 4/22/2013 |
Objection (non-motion) |
|
|
|
Request |
|
|
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| 178 |
Filed: 4/19/2013, Entered: 4/19/2013 |
Rule 7.1 Corporate Disclosure Statement |
|
|
|
Request |
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|
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| 177 |
Filed: 4/16/2013, Entered: 4/16/2013 |
Sealed Document + |
|
|
|
Request |
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|
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| 176 |
Filed: 4/15/2013, Entered: 4/16/2013 |
Letter |
|
|
|
Request |
|
|
|
| 175 |
Filed: 4/15/2013, Entered: 4/15/2013 |
Letter |
|
|
|
Request |
|
|
|
| 174 |
Filed: 4/7/2013, Entered: 4/7/2013 |
Notice of Change of Address |
|
|
|
Request |
|
|
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| 174 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 173 |
Filed: 4/3/2013, Entered: 4/3/2013 |
Order |
|
ORDER: No later than April 8, 2013, plaintiffs are to submit their factual and legal support for their contention that the documents that are the subject of defendants April 2, 2013 letter are privileged. (Signed by Magistrate Judge Henry B. Pitman on 4/2/2013) (ft) (Entered: 04/03/2013)
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| 173 |
Filed: None, Entered: None |
|
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| 172 |
Filed: 4/1/2013, Entered: 4/1/2013 |
Scheduling Order |
|
ORDER: Fact Discovery due by 6/14/2013. Expert Witness Deposition due by 9/16/2013. Motions due by 10/15/2013. Pretrial Order due by 11/14/2013, or thirty days after the final decision on any dispositive motion (if the pretrial order is still necessary after such decision), whichever date is later. For the convenience of all parties, a copy of Judge Nathan's rules is available on the Court's website: www.nysd.uscourts.gov. (Signed by Magistrate Judge Henry B. Pitman on 4/1/2013) (ft) (Entered: 04/01/2013)
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| 172 |
Filed: None, Entered: None |
|
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| 171 |
Filed: 3/29/2013, Entered: 3/29/2013 |
Order |
|
ORDER: To the extent not previously produced, plaintiffs are to produce all documents concerning the renegotiations of retransmission licenses that occurred after May 2011. Defendant's application to compel the production of documents concerning plaintiffs' total revenue, sources of revenue, expenses and profit and loss on a program-by-program basis is denied. Defendant's application to compel further production of documents related to plaintiffs' aggregate revenue and financial data is denied. Defendant's application to compel further production of documents concerning plaintiffs' advertising revenue is denied without prejudice. Defendant's application to compel the production of documents regarding ad-skipping is granted in part and denied part. To the extent not previously produced plaintiffs are directed to produce documents related to the analysis of ad-skipping or fast-forwarding by in-home DVRs from January 2010 to present. Defendant's application to compel the production of documents concerning consumer use of antennas is denied. With respect to the application of non-parties Netflix, Inc., Hulu, LLC and Amazon Inc. (collectively the "Non-Parties") to prohibit the production of certain licensing agreements between the Non Parties and certain of plaintiffs (the "Agreements"), the following procedures shall apply. (Signed by Magistrate Judge Henry B. Pitman on 3/29/2013) (ft) (Entered: 03/29/2013)
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| 171 |
Filed: None, Entered: None |
|
|
|
|
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|
|
| 170 |
Filed: 3/25/2013, Entered: 3/25/2013 |
Order Admitting Attorney Pro Hac Vice |
|
ORDER FOR ADMISSION PRO HAC VICE: Applicant is admitted to practice Pro Hac Vice in this case in the United Slates District Court for the Southern District of New York. Motions terminated: (169 in 1:12-cv-01540-AJN-HBP) AMENDED MOTION for Bobbie Wilson to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. filed by Amazon, Inc., Hulu, Inc., Netflix, Inc. (Signed by Magistrate Judge Henry B. Pitman on 3/22/2013) (ft) (Entered: 03/25/2013)
|
|
Request |
|
|
|
| 170 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 169 |
Filed: 3/21/2013, Entered: 3/21/2013 |
Motion to Appear Pro Hac Vice |
|
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|
Request |
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
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| 169 |
Filed: None, Entered: None |
|
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|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 168 |
Filed: 3/21/2013, Entered: 3/21/2013 |
Stipulation and Order |
|
|
|
Request |
|
|
|
| 168 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 167 |
Filed: 3/20/2013, Entered: 3/20/2013 |
~Notice (other) |
|
|
|
Request |
|
|
|
| 167 |
Filed: None, Entered: None |
|
|
|
|
|
|
|
|
| 166 |
Filed: 3/20/2013, Entered: 3/20/2013 |
~Notice (other) |
|
|
|
Request |
|
|
|
| 166 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 165 |
Filed: 3/20/2013, Entered: 3/20/2013 |
Application for Court to Request Counsel |
|
|
|
Request |
|
|
|
| 165 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 164 |
Filed: 3/19/2013, Entered: None |
|
|
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman, from Julie A. Shepard, dated 3/14/2013, re: Plaintiffs request that the agenda for the hearing on March 21, 2013 include Aereo's Motion to Quash the WNET Plaintiffs' subpoena to Google, Inc. ("Aereo's Motion"). ENDORSEMENT: Given that Aereo's motion to quash WNET's subpoena has already been fully briefed to Judge Grewal and has been before Grewal for approximately two months, I shall not consider it at the conference scheduled for March 21, 2013. It is inappropriate to have two judges considering the same motion at the same time. (Signed by Magistrate Judge Henry B. Pitman on 3/18/2013) Copies Sent By Chambers. (ja) (Entered: 03/20/2013)
|
|
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|
|
|
| 164 |
Filed: None, Entered: None |
|
|
|
|
|
|
|
|
| 163 |
Filed: 3/15/2013, Entered: None |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/25/13 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: 03/15/2013)
|
|
Request |
|
|
|
| 163 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 162 |
Filed: 3/15/2013, Entered: None |
|
|
TRANSCRIPT of Proceedings re: CONFERENCE held on 2/25/2013 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Karen Gorlaski, (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 4/8/2013. Redacted Transcript Deadline set for 4/18/2013. Release of Transcript Restriction set for 6/17/2013.(Rodriguez, Somari) (Entered: 03/15/2013)
|
|
Request |
|
|
|
| 162 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 161 |
Filed: 3/13/2013, Entered: None |
|
|
STIPULATION AND ORDER REGARDING PLAINTIFFS SUBPOENAS TO THIRD PARTY SHAN GAO MA, LLC: SGM's time to object, move or otherwise respond to the Subpoena Duces Tecum, dated February 25, 2013, shall be extended until March 29, 2013, and as further set forth in this document. (Signed by Magistrate Judge Henry B. Pitman on 3/13/2013) (cd) (Entered: 03/14/2013)
|
|
Request |
|
|
|
| 161 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 160 |
Filed: 3/8/2013, Entered: 3/8/2013 |
Affidavit in Support |
|
AFFIDAVIT of R. David Hosp in Support re: 159 Brief. Document filed by AEREO, 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)(Hosp, R.) (Entered: 03/08/2013)
|
|
Request |
|
|
|
| 160 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 159 |
Filed: 3/8/2013, Entered: 3/8/2013 |
Brief |
|
BRIEF Pursuant to Order of Magistrate Pitman Dated February 26, 2013 Regarding Discovery on Damages, Harm, and Market Impact. Document filed by AEREO, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hosp, R.) (Entered: 03/08/2013)
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|
|
|
| 159 |
Filed: None, Entered: None |
|
|
|
|
|
|
|
|
| 158 |
Filed: 2/26/2013, Entered: 2/27/2013 |
Endorsed Letter |
|
ENDORSED LETTER: addressed to Judge Alison J. Nathan from Julie A. Shepard dated 2/13/2013 re: Pursuant to Rule 4(A) of the Court's Individual Practices in Civil Cases and this Court's order dated February 6, 2013, Dkt. Nos. 150 and 165, Defendant Aereo, Inc. and the WNET Plaintiffs respectfully request that the Court file under seal WNET Plaintiffs' letter to the Court dated January 29, 2013 seeking to compel Aereo to produce certain geo-location information. ENDORSEMENT: The requested redactions are so ordered. The parties are ordered to file redacted copies of the documents on ECF. The Clerk of the Court is instructed to strike docket entry 136. So Ordered. (Signed by Judge Alison J. Nathan on 2/26/2013) (js) (Entered: 02/27/2013)
|
|
Request |
|
|
|
| 158 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
 157 |
Filed: 2/27/2013, Entered: 2/27/2013 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault.(mps) (Entered: 02/27/2013)
|
|
|
|
|
|
| 157 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 156 |
Filed: 2/27/2013, Entered: 2/27/2013 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault.(mps) (Entered: 02/27/2013)
|
|
|
|
|
|
| 156 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 155 |
Filed: 2/26/2013, Entered: 2/26/2013 |
Order |
|
ORDER: No later than March 11, 2013, defendant is ordered to produce the internet protocol addresses of its subscribers in response to WNET Plaintiffs' Second Set of Document Requests No. 3. No later than March 8, 2013, defendant shall submit a brief identifying specific discovery sought from plaintiffs relating to the harm/damages suffered by plaintiffs and explaining the relevance of such discovery to plaintiffs' claims for statutory damages and defendant's fair use defense. Plaintiffs shall respond by March 19, 2013. Each brief is limited to 15 double-spaced pages. Oral argument will be held on March 21, 2013 at 2:00 p.m. Plaintiffs' objections to defendant's requests for lobbying documents are sustained. Plaintiffs' motion to compel a more definite answer to their Request for Admission No. 15 is denied. Plaintiffs are directed to recast their Re quest for Admission No. 20 to seek whether any written or oral agreements existed between defendant and Fox. Depositions are to proceed without delay. Defendant is directed to make its witnesses available forthwith notwithstanding defendant's dissatisfaction with plaintiffs' document production. (Signed by Magistrate Judge Henry B. Pitman on 2/26/2013) Copies Mailed By Chambers. (ft) (Entered: 02/26/2013)
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| 155 |
Filed: None, Entered: None |
|
|
|
|
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|
|
| 154 |
Filed: 2/13/2013, Entered: 2/13/2013 |
Order on Motion to Appear Pro Hac Vice |
|
ORDER granting 152 Motion for Elizabeth Eilleene Brenckman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) (Entered: 02/13/2013)
|
|
Request |
|
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|
| 154 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 153 |
Filed: 2/13/2013, Entered: 2/13/2013 |
Order on Motion to Appear Pro Hac Vice |
|
ORDER granting 151 Motion for Kevin Su to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) (Entered: 02/13/2013)
|
|
Request |
|
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|
| 153 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 152 |
Filed: 2/12/2013, Entered: 2/12/2013 |
Motion to Appear Pro Hac Vice |
|
MOTION for Elizabeth Eilleene Brenckman to Appear Pro Hac Vice on behalf of Aereo, Inc.. Filing fee $ 200.00, receipt number 0208-8226354. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AEREO, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order for Admission Pro Hac Vice)(Brenckman, Elizabeth) (Entered: 02/12/2013)
|
|
Request |
|
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|
| 152 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 151 |
Filed: 2/11/2013, Entered: 2/11/2013 |
Motion to Appear Pro Hac Vice |
|
MOTION for Kevin Su to Appear Pro Hac Vice on behalf of Aereo, Inc.. Filing fee $ 200.00, receipt number 0208-8223070. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AEREO, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Order for Admission Pro Hac Vice)(Su, Kevin) (Entered: 02/11/2013)
|
|
Request |
|
|
|
| 151 |
Filed: None, Entered: None |
|
|
|
|
Request From Archives (Scanning Fees/Delay May Apply) |
|
|
|
| 150 |
Filed: 2/7/2013, Entered: 2/7/2013 |
Order |
|
ORDER: Pursuant to Rule 1 (F) of its Individual Practices, the Court will ordinarily docket all letters that it receives. If the Court has not received a proposed redacted version of this letter by February 13, 2013, it will docket the letter as it was received. Plaintiffs are admonished to follow the Court's Individual Practices in Civil Cases when submitting the proposed redacted letter, (see Rule 4(A) of the Court's Individual Practices), and in all future correspondence. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/07/2013) (ama) (Entered: 02/07/2013)
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| 150 |
Filed: None, Entered: None |
|
|
|
|
|
|
|
|
| 149 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Letter |
|
Letter addressed to Judge Alison J. Nathan from Julie Shepard dated 2/5/2013 re: This letter is sent to correct a typographical error that appears in my February 1, 2013 letter on page 7 in the first sentence of the first paragraph under heading "B." The word "entirely" should be "not" as Plaintiffs are not making a claim for actual damages. I apologize for any confusion or inconvenience this error may have caused. (rjm) (Entered: 02/06/2013)
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|
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|
|
|
| 149 |
Filed: None, Entered: None |
|
|
|
|
|
|
|
|
| 148 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Letter |
|
Letter addressed to Judge Alison J. Nathan from Julie A. Shepard dated 1/31/2013 re: The WNET Plaintiffs respond to Aereo's letter to this Court dated January 28, 2013 requesting leave to file a 15-page brief and asking the Court to set a briefing schedule ("Briefing Request"). While in the abstract they do not object to Aereo's request to file a 15-page brief should it becomes necessary to brief the parties' disputes at all, the WNET Plaintiffs do object to Aereo's request for a briefing schedule because it is premature and based on numerous misstatements. (rjm) (Entered: 02/06/2013)
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|
|
|
| 148 |
Filed: None, Entered: None |
|
|
|
|
|
|
|
|
| 147 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Letter |
|
Letter addressed to Judge Alison J. Nathan from Bruce P. Keller dated 1/31/2013 re: This responds to Aereo's January 28, 2013 letter ("1/28/13 Letter"), requesting that the Court set a briefing schedule on a proposed motion to compel. (rjm) (Entered: 02/06/2013)
|
|
|
|
|
|
| 147 |
Filed: None, Entered: None |
|
|
|
|
|
|
|
|
| 146 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Letter |
|
Letter addressed to Judge Alison J. Nathan from Julie A. Shepard dated 1/29/2013 re: The WNET Plaintiffs respectfully request that this Cour compel Aereo to respond to four of Plaintiffs' requests for admission ("RFAs"). Plaintiffs served RFAs to limit the disputed issues at trial relating to Plaintiffs' reproduction claim. Aereo's refusal to adequately respond to Plaintiffs' RFAs in violation of FRCP 36 will prevent the parties from narrowing these issues. (rjm) (Entered: 02/06/2013)
|
|
|
|
|
|
| 146 |
Filed: None, Entered: None |
|
|
|
|
|
|
|
|
| 145 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Letter |
|
Letter addressed to Judge Alison J. Nathan from R. David Hosp dated 1/28/2013 re: Aereo, Inc. ("Aereo") seeks your assistance in resolving disputes regarding Plaintiffs' refusal to produce documents and information. Since discovery reopened, Plaintiffs have produced only: 1,231 Copyright Registrations; thirteen Copyright Applications; four Copyright assignments, and two television schedules. The parties have engaged in six weeks of conferences to resolve the issues, and are continuing to attempt to narrow the disputes. (rjm) (Entered: 02/06/2013)
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|
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|
|
|
| 145 |
Filed: None, Entered: None |
|
|
|
|
|
|
|
|
| 144 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Letter |
|
Letter addressed to Judge Alison J. Nathan from Julie A. Shepard dated 1/21/2013 re: The WNET Plaintiffs submit this letter in response to Aereo's proposal sent to this Court on January 18. The parties did meet and confer pursuant to the Court's January 11, 2013 Order (the "Order") instructing Aereo to narrow its request regarding the logging of documents contained in the files of outside counsel not retained in the Aereo litigation ("non-litigation outside counsel") which pertain to harm from Aereo and similar technologies. (rjm) (Entered: 02/06/2013)
|
|
|
|
|
|
| 144 |
Filed: None, Entered: None |
|
|
|
|
|
|
|
|
| 143 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Letter |
|
Letter addressed to Judge Alison J. Nathan from Bruce P. Keller dated 1/21/2013 re: This responds to Aereos January 18, 2013 letter (Jan. 18 Letter) regarding privilege logs. Aereos current proposal is seriously flawed. Given the importance of this issue, the ABC Plaintiffs request further assistance in resolving the matter. (rjm) (Entered: 02/06/2013)
|
|
|
|
|
|
| 143 |
Filed: None, Entered: None |
|
|
|
|
|
|
|
|
| 142 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Letter |
|
Letter addressed to Judge Alison J. Nathan from R. David Hosp dated 1/18/2013 re: This letter conveys Aereos proposal with respect to the production of privilege logs related to documents contained in the files of outside counsel retained by Plaintiffs for purposes other than representation in this litigation (Non-Litigation Counsel). (rjm) (Entered: 02/06/2013)
|
|
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|
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| 142 |
Filed: None, Entered: None |
|
|
|
|
|
|
|
|
| 141 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Letter |
|
Letter addressed to Judge Alison J. Nathan from R. David Hosp dated 1/18/2013 re: This letter responds to ABC Plaintiffs' correspondence dated January 16, 2013, requesting a stay of discovery until May 15, 2013. ABC Plaintiffs' request should be recognized and rejected for the discovery game-playing it is. (rjm) (Entered: 02/06/2013)
|
|
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| 141 |
Filed: None, Entered: None |
|
|
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|
|
|
|
| 140 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Letter |
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Letter addressed to Judge Alison J. Nathan from R. David Hosp dated 1/18/2013 re: This letter responds to WNET Plaintiffs' correspondence dated January 16, 2013, requesting an extension of the fact discovery deadline from February 22, until May 15, 2013. Aereo does not disagree that a fact discovery extension may be required (although Aereo wants the most expeditious resolution of these actions), but believes that the request is premature because very substantial issues with Plaintiffs' production remain pending. (rjm) (Entered: 02/06/2013)
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| 140 |
Filed: None, Entered: None |
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| 139 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Letter |
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Letter addressed to Judge Alison J. Nathan from Bruce P. Keller dated 1/16/2012 re: The ABC Plaintiffs agree with the central point made in the WNET Plaintiffs' January 16, 2013 letter: Fact discovery cannot be completed in the next five weeks. They continue to believe, however, that it makes much more sense for the Court to stay this matter until May 15, 2013, rather than extend the current fact discovery deadline until that date. (rjm) (Entered: 02/06/2013)
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| 139 |
Filed: None, Entered: None |
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| 138 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Letter |
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Letter addressed to Judge Alison J. Nathan from Julie A. Shepard dated 1/16/2013 re: The WNET Plaintiffs write to request an extension of the fact discovery cutoff from February 22, 2013 to May 15, 2013. This request is necessitated by Aereo's untimely production of documents which has made it impossible for the Plaintiffs to complete discovery by February 22 without jeopardizing Plaintiffs' ability to adequately prepare their case. (rjm) (Entered: 02/06/2013)
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| 138 |
Filed: None, Entered: None |
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| 137 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Letter |
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Letter addressed to Judge Alison J. Nathan from R. David Hosp dated 2/1/2013 re: Defendant Aereo, Inc. (Aereo) submits this letter in accordance with your Honors Order dated January 29, 2013. As set forth in detail below, Aereo has made every effort to comply with the Courts February 22, 2013 deadline for discovery. However, Aereo does believe that an extension of the discovery deadline is required as Plaintiffs have not complied with their discovery obligations. Indeed, since discovery reopened, Plaintiffs have produced less than 5,000 pages of documents, comprising only 1,231 Copyright Registrations; thirteen Copyright Applications; four Copyright assignments, and two television schedules. Eight Plaintiffs have not produced a single document. As explained herein, there is very substantial discovery, directly relevant and critical to Aereo's defense, that Aereo has requested and has not been produced. (rjm) (Entered: 02/06/2013)
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| 137 |
Filed: None, Entered: None |
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| 136 |
Filed: 2/6/2013, Entered: None |
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Letter addressed to Judge Alison J. Nathan from Julie A. Shepard dated 2/1/2013 re: The WNET Plaintiffs and the ABC Plaintiffs (collectively, "Plaintiffs") submit this letter in response to the Court's January 28, 2013 Order... As this report reveals, there is a substantial amount of discovery that needs to be completed as discovery has progressed slower than anticipated and involved a number of disputes on both sides. Plaintiffs had proposed May 15 as the new fact discovery cutoff date. That date still appears to be an achievable deadline based on the assumption that Aereo will complete its production promptly and the scope of Plaintiffs' document production remains consistent with what Plaintiffs have agreed to produce so that it may be completed in two to three weeks. (rjm) (Entered: 02/06/2013)
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| 136 |
Filed: None, Entered: None |
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| 135 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Order Referring Case to Magistrate Judge |
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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 Henry B. Pitman. (Signed by Judge Alison J. Nathan on 2/6/2013) (rjm) (Entered: 02/06/2013)
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Request |
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| 135 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 134 |
Filed: 2/6/2013, Entered: 2/6/2013 |
Order |
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ORDER. The Court hereby ORDERS that the conference in the above-captioned case, currently scheduled for February 8, 2013, is hereby adjourned. By separate order, this matter will be referred for general pretrial to the assigned Magistrate Judge, Magistrate Judge Pitman. (Signed by Judge Alison J. Nathan on 2/6/2013). (rjm) (Entered: 02/06/2013)
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Request |
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| 134 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 133 |
Filed: 1/28/2013, Entered: 1/29/2013 |
Order |
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ORDER. The Court has received the attached letters requesting an extension or stay of the current February 22, 2013, deadline for fact discovery in the above captioned case. The renewed request for a stay of discovery is denied. The Court neither grants nor denies the extension at this time, but hereby ORDERS that the parties appear for a conference at 4:00 PM on February 8, 2013. At that conference, the Court will consider the extension, taking into account: (i) what discovery has been produced; (ii) what discovery remains to be produced; and (iii) what disputes, if any, the parties or the Court must resolve in order for discovery to be completed. To that end, the Court ORDERS that each party submit, by 5:00 PM on February 1, 2013, a letter detailing the most up-to-date responses to the three previously listed queries. Specifically, each party should describe, as of the date of its letter: (i) what materials it has produced; (ii) what requested materials - contested and uncontested - it has not produced (except that the parties are not requested to provide further information regarding the contested privilege logs, which the Court will address at the conference); and (iii) what specific disputes, if any, the parties or the Court must resolve in order for discovery to be completed, as well as an estimated timeline for production of the disputed materials following a ruling by the Court. The parties should be prepared to discuss these letters at the February 8, 2013, conference and to update the Court on what additional steps they have made, between the date of the letter and the date of the conference, to press forward with the discovery process (e.g., additional discovery that has been produced or disputes that have been resolved). The Court's willingness to extend the discovery deadline for a particular party will be dependent on that party's ability to demonstrate its diligence and good faith efforts to complete discovery thus far. (Conference set for 2/8/2013 at 04:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 1/28/2013) (rjm) (Entered: 01/29/2013)
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| 133 |
Filed: None, Entered: None |
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| 132 |
Filed: 1/17/2013, Entered: 1/17/2013 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Brian Joseph Doyle on behalf of AEREO, Inc. (Doyle, Brian) (Entered: 01/17/2013)
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Request |
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| 132 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 131 |
Filed: 1/15/2013, Entered: 1/16/2013 |
Letter |
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Letter addressed to Judge Alison J. Nathan from Julie A. Shepard dated 1/7/2013 re: counsel for WNET and ABC Plaintiffs, pursuant to the Court's December 20, 2012 Order ("Order"), regarding the scope of privilege logs to be exchanged in the above-captioned matter and the timing of their exchange. The parties jointly request that the Court clarify the scope of the meaning of outside counsel as discussed below.. Document filed by American Broadcasting Companies, Inc..(pl) (Entered: 01/16/2013)
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Request |
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| 131 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 130 |
Filed: 1/14/2013, Entered: 1/14/2013 |
Notice of Change of Address |
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NOTICE OF CHANGE OF ADDRESS by R. David Hosp on behalf of AEREO, Inc.. New Address: Fish & Richardson P.C., One Marina Park Drive, Boston, MA, USA 02210, 617-542-5070. (Hosp, R.) (Entered: 01/14/2013)
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Request |
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| 130 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 129 |
Filed: 1/14/2013, Entered: 1/14/2013 |
Notice of Change of Address |
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NOTICE OF CHANGE OF ADDRESS by Mark S. Puzella on behalf of AEREO, Inc.. New Address: Fish & Richardson P.C., One Marina Park Drive, Boston, MA, USA 02210, 617-542-5070. (Puzella, Mark) (Entered: 01/14/2013)
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Request |
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| 129 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 128 |
Filed: 1/11/2013, Entered: 1/11/2013 |
Memorandum and Opinion |
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OPINION AND ORDER: The parties are directed to meet-and-confer on this issue and attempt to reach a resolution no later than January 18,2013. The Court firmly believes that, with the above guidance, the parties should be able to reach a reasonable resolution of this issue and parties are therefore stronglyencouraged to attempt to find a suitable compromise on this point, but if no resolution has been reached by January 18,2013, may write to the Court requesting further assistance in resolving this dispute. (Signed by Judge Alison J. Nathan on 1/11/2013) (mt) (Entered: 01/11/2013)
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| 128 |
Filed: None, Entered: None |
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| 127 |
Filed: 12/21/2012, Entered: 12/21/2012 |
Notice of Change of Address |
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NOTICE OF CHANGE OF ADDRESS by Seth Eliot Spitzer on behalf of AEREO, Inc.. New Address: Winston & Strawn LLP, 200 Park Avenue, New York, NY, 10166, 212-294-6700. (Spitzer, Seth) (Entered: 12/21/2012)
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Request |
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| 127 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 126 |
Filed: 12/20/2012, Entered: 12/21/2012 |
Order |
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ORDER: All parties are ORDERED to produce complete privilege logs of documents created prior to the commencement of this litigation that have been withheld on privilege or work-product grounds, including documents contained in the files of outside counsel. If the parties are able to reach an agreement, they may narrow the scope of the privilege logs to be created, including by limiting the scope of the logs to particular categories of documents such as those addressed in the parties' letters. The parties are directed to meet and confer, no later than January 4, 2013, regarding the timing of the production of these logs and whether the parties can reach agreement to narrow the categories of documents to be included, and as further set forth in this document. (Signed by Judge Alison J. Nathan on 12/20/2012) (cd) (Entered: 12/21/2012)
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| 126 |
Filed: None, Entered: None |
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| 125 |
Filed: 12/21/2012, Entered: 12/21/2012 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Seth Eliot Spitzer on behalf of AEREO, Inc. (Spitzer, Seth) (Entered: 12/21/2012)
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Request |
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| 125 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 124 |
Filed: 12/17/2012, Entered: 12/19/2012 |
Order on Motion to Consolidate Cases |
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Request |
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| 124 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 123 |
Filed: 12/7/2012, Entered: 12/7/2012 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: 120 MOTION to Consolidate Cases 1:12-cv-01540 and 1:12-cv-01543.. Document filed by AEREO, Inc.. (Attachments: # 1 Exhibit A)(Hosp, R.) (Entered: 12/07/2012)
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Request |
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| 123 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 122 |
Filed: 11/27/2012, Entered: 11/27/2012 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: 120 MOTION to Consolidate Cases 1:12-cv-01540 and 1:12-cv-01543. / Plaintiffs' Memorandum in Opposition to Motion of Aereo, Inc. for Consolidation. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Exhibit 1 to Memorandum)(Keller, Bruce) (Entered: 11/27/2012)
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Request |
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| 122 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 121 |
Filed: 11/13/2012, Entered: 11/13/2012 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW in Support re: 120 MOTION to Consolidate Cases 1:12-cv-01540 and 1:12-cv-01543.. Document filed by AEREO, Inc.. (Hosp, R.) (Entered: 11/13/2012)
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| 121 |
Filed: None, Entered: None |
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| 120 |
Filed: 11/13/2012, Entered: 11/13/2012 |
Motion to Consolidate Cases |
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MOTION to Consolidate Cases 1:12-cv-01540 and 1:12-cv-01543. Document filed by AEREO, Inc.. (Attachments: # 1 Text of Proposed Order)(Hosp, R.) (Entered: 11/13/2012)
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| 120 |
Filed: None, Entered: None |
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| 119 |
Filed: 11/7/2012, Entered: 11/7/2012 |
Rule 7.1 Corporate Disclosure Statement |
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AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate USANi, LLC (a subsidiary of IAC/InterActiveCorp, a publicly traded company) for AEREO, Inc.. Document filed by AEREO, Inc..(Hosp, R.) (Entered: 11/07/2012)
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| Save 25% on a pre-paid one year subscription. |
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| 119 |
Filed: None, Entered: None |
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| 118 |
Filed: 11/1/2012, Entered: 11/1/2012 |
Rule 7.1 Corporate Disclosure Statement |
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FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AEREO, Inc..(Hosp, R.) Modified on 11/5/2012 (lb). (Entered: 11/01/2012)
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Request |
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| 118 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 117 |
Filed: 9/28/2012, Entered: 9/28/2012 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/19/12 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) (Entered: 09/28/2012)
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Request |
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| 117 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 116 |
Filed: 9/28/2012, Entered: 9/28/2012 |
Transcript |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 9/19/2012 before Judge Alison J. Nathan. Court Reporter/Transcriber: Steven Greenblum, (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 10/22/2012. Redacted Transcript Deadline set for 11/1/2012. Release of Transcript Restriction set for 1/2/2013.(McGuirk, Kelly) (Entered: 09/28/2012)
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Request |
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| 116 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 115 |
Filed: 9/21/2012, Entered: 9/24/2012 |
Order |
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ORDER. As discussed at the conference on September 19, 2012, fact discovery in these cases will progress, and is set to close on February 22, 2013. Within two weeks of the close of discovery, the parties shall submit a joint status letter expressing their positions as to the proper schedule for the remainder of this matter, including expert discovery and dispositive motions. (Signed by Judge Alison J. Nathan on 9/21/2012) (rjm) (Entered: 09/24/2012)
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| 115 |
Filed: None, Entered: None |
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| 114 |
Filed: 9/14/2012, Entered: 9/14/2012 |
Pre-Conference Statement |
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PRE-CONFERENCE STATEMENT. Document filed by AEREO, Inc..(Hosp, R.) (Entered: 09/14/2012)
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| 114 |
Filed: None, Entered: None |
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| 113 |
Filed: 9/7/2012, Entered: 9/7/2012 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Alison J. Nathan from R. David Hosp dated 9/6/2012 re: Counsel requests an adjournment of the scheduling conference set for 10:00 a.m. on 9/19/12 until 4 p.m. that afternoon. ENDORSEMENT: So Ordered. (Signed by Judge Alison J. Nathan on 9/7/2012) (jfe) (Entered: 09/07/2012)
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| 113 |
Filed: None, Entered: None |
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| 112 |
Filed: 8/31/2012, Entered: 8/31/2012 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Alison J. Nathan from Bruce P. Keller dated 8/31/2012 re: Counsel writes, with consent of all parties, to request an adjournment, to the morning of September 19, 2012, of the scheduling conference presently set for September 7, 2012 and that the due date for the Case Management Order proposals of the parties, presently set for September 4, 2012, be set for September 14, 2012. ENDORSEMENT: SO ORDERED. CONFERENCE SET FOR 9/19/12 AT 10:00 AM. (Scheduling Conference set for 9/19/2012 at 10:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 8/31/2012) (ft) (Entered: 08/31/2012)
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Request |
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| 112 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 111 |
Filed: 8/17/2012, Entered: 8/17/2012 |
Order |
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ORDER: A scheduling conference is set for September 7, 2012, at 3:00pm. No later than September 4, 2012, the parties shall submit to the Court their proposals regarding an appropriate schedule for this matter. (Scheduling Conference set for 9/7/2012 at 03:00 PM before Judge Alison J. Nathan.)(Signed by Judge Alison J. Nathan on 8/17/2012) (djc) (Entered: 08/17/2012)
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| 111 |
Filed: None, Entered: None |
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| 110 |
Filed: None, Entered: None |
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| 109 |
Filed: None, Entered: None |
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| 108 |
Filed: None, Entered: None |
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| 107 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 106 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 105 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 104 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 103 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 102 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 101 |
Filed: None, Entered: None |
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| 100 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 99 |
Filed: None, Entered: None |
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| 98 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 97 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 96 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 95 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 94 |
Filed: None, Entered: None |
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| 93 |
Filed: None, Entered: None |
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| 92 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 91 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 90 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 89 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 88 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 87 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 86 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 85 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 84 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 83 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 82 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 81 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 80 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 79 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 78 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 77 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 76 |
Filed: None, Entered: None |
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| 75 |
Filed: None, Entered: None |
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Request From Archives (Scanning Fees/Delay May Apply) |
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Filed: None, Entered: None |
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| 110 |
Filed: 7/12/2012, Entered: 7/12/2012 |
Notice of Interlocutory Appeal |
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NOTICE OF INTERLOCUTORY APPEAL from 109 Memorandum & Opinion,. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. Filing fee $ 455.00, receipt number 0208-7636346. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit A)(Keller, Bruce) (Entered: 07/12/2012)
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| 109 |
Filed: 7/11/2012, Entered: 7/11/2012 |
Memorandum and Opinion |
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OPINION: #102057 Because the Court concludes that it cannot accept Plaintiffs' novel attempt to distinguish Cablevision, Plaintiffs have not shown a likelihood of success on the merits. And although they have demonstrated that they face irreparable harm, they have not demonstrated that the balance of hardships decidedly tips in their favor. As such, the Court DENIES Plaintiffs motion for a preliminary injunction. (Signed by Judge Alison J. Nathan on 7/11/2012) (jfe) Modified on 7/17/2012 (jab). (Entered: 07/11/2012)
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| 108 |
Filed: 6/26/2012, Entered: 6/27/2012 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Alison J. Nathan from Scott B. Wilkens dated 6/25/12 re: Counsel writes on behalf of the parties to request that the Clerk of the Court be directed to enter the sealed filings listed herein on the docket for 12-cv-1543 as well, nunc pro tunc, without requiring the parties to tender duplicate signed originals of such filings for that purpose. ENDORSEMENT: So ordered. (Signed by Judge Alison J. Nathan on 6/26/2012) (Signed by Judge Alison J. Nathan on 6/26/2012) (mro) (Entered: 06/27/2012)
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| 107 |
Filed: 6/25/2012, Entered: 6/25/2012 |
Response |
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RESPONSE re: 102 Proposed Findings of Fact, (REDACTED PUBLIC VERSION). Document filed by AEREO, Inc.. (Hosp, R.) (Entered: 06/25/2012)
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| 106 |
Filed: 6/25/2012, Entered: 6/25/2012 |
Response |
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RESPONSE re: 104 Proposed Findings of Fact. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Affidavit /Certificate of Service)(Keller, Bruce) (Entered: 06/25/2012)
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| 105 |
Filed: 6/18/2012, Entered: None |
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SEALED DOCUMENT placed in vault.(mps) (Entered: 06/18/2012)
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| 104 |
Filed: 6/18/2012, Entered: 6/18/2012 |
Proposed Findings of Fact |
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PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by AEREO, Inc..(Hosp, R.) (Entered: 06/18/2012)
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Request |
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| 103 |
Filed: 6/18/2012, Entered: None |
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SEALED DOCUMENT placed in vault.(nm) (Entered: 06/18/2012)
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| 102 |
Filed: 6/18/2012, Entered: 6/18/2012 |
Proposed Findings of Fact |
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PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 certificate of service)(Keller, Bruce) (Entered: 06/18/2012)
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Request |
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| 101 |
Filed: 6/13/2012, Entered: 6/13/2012 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 5/31/12 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) (Entered: 06/13/2012)
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| 100 |
Filed: 6/13/2012, Entered: 6/13/2012 |
Transcript |
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TRANSCRIPT of Proceedings re: HEARING held on 5/31/2012 before Judge Alison J. Nathan. Court Reporter/Transcriber: Eve Giniger, (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) (Entered: 06/13/2012)
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| 99 |
Filed: 6/13/2012, Entered: 6/13/2012 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING 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) (Entered: 06/13/2012)
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| 98 |
Filed: 6/13/2012, Entered: 6/13/2012 |
Transcript |
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TRANSCRIPT of Proceedings re: HEARING held on 5/30/2012 before Judge Alison J. Nathan. Court Reporter/Transcriber: Eve Giniger, (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) (Entered: 06/13/2012)
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| 97 |
Filed: 6/11/2012, Entered: None |
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SEALED DOCUMENT placed in vault.(mps) (Entered: 06/12/2012)
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| 96 |
Filed: 6/11/2012, Entered: None |
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SEALED DOCUMENT placed in vault.(mps) (Entered: 06/11/2012)
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| 95 |
Filed: 6/4/2012, Entered: 6/4/2012 |
Declaration |
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DECLARATION of Michael R. Potenza / Supplemental Declaration of Michael R. Potenza in Further Support of Plaintiffs' Pre-Hearing Memorandum. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (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, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Certificate of Service)(Potenza, Michael) (Entered: 06/04/2012)
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| 94 |
Filed: 6/4/2012, Entered: 6/4/2012 |
Reply Memorandum of Law in Support |
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REPLY MEMORANDUM OF LAW in Support / Reply Memorandum of Points and Authorities in Support of Plaintiffs' Joint Motion for a Preliminary Injunction. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Certificate of Service)(Keller, Bruce) (Entered: 06/04/2012)
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| 93 |
Filed: 5/30/2012, Entered: 5/30/2012 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/24/12 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) (Entered: 05/30/2012)
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| 92 |
Filed: 5/30/2012, Entered: 5/30/2012 |
Transcript |
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TRANSCRIPT of Proceedings re: conference held on 5/24/2012 before Judge Alison J. Nathan. 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 6/25/2012. Redacted Transcript Deadline set for 7/5/2012. Release of Transcript Restriction set for 8/31/2012.(McGuirk, Kelly) (Entered: 05/30/2012)
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Request |
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| 91 |
Filed: 5/30/2012, Entered: 5/30/2012 |
Declaration |
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DECLARATION of Michael R. Potenza In Support Of Plaintiffs' Pre-Hearing Memorandum. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Exhibit 1 (Part 1 of 2), # 2 Exhibit 1 (part 2 of 2), # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # 45 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Exhibit 49, # 51 Affidavit /Certificate of Service)(Potenza, Michael) (Entered: 05/30/2012)
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Request |
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| 90 |
Filed: 5/30/2012, Entered: 5/30/2012 |
Declaration |
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DECLARATION of Professor John L. Volakis In Support of Plaintiffs' Motion for Preliminary Injunction. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Affidavit /Certificate of Service)(Keller, Bruce) (Entered: 05/30/2012)
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Request |
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| 89 |
Filed: 5/30/2012, Entered: 5/30/2012 |
Declaration |
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DECLARATION of Stephen Segaller In Support Of Plaintiffs' Motion For Preliminary Injunction. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Affidavit /Certificate of Service)(Keller, Bruce) (Entered: 05/30/2012)
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Request |
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| 88 |
Filed: 5/30/2012, Entered: 5/30/2012 |
Declaration |
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DECLARATION of Dr. John P.J. Kelly In Support Of Plaintiffs' Motion For Preliminary Injunction. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Affidavit /Certificate of Service)(Keller, Bruce) (Entered: 05/30/2012)
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Request |
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| 87 |
Filed: 5/30/2012, Entered: 5/30/2012 |
Declaration |
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DECLARATION of Martin D. Franks In Support Of Plaintiffs' Motion For Preliminary Injunction. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Exhibit A, # 2 Affidavit /Certificate of Service)(Keller, Bruce) (Entered: 05/30/2012)
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Request |
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| 86 |
Filed: 5/30/2012, Entered: 5/30/2012 |
Declaration |
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DECLARATION of Dave Davis In Support of Plaintiff's Motion For Preliminary Injunction. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Affidavit /Certificate of Service)(Keller, Bruce) (Entered: 05/30/2012)
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Request |
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| 85 |
Filed: 5/30/2012, Entered: 5/30/2012 |
Declaration |
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DECLARATION of Salil Dalvi In Support Of Plaintiffs' Motion For Preliminary Injunction. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Exhibit A, # 2 Affidavit /Certificate of Service)(Keller, Bruce) (Entered: 05/30/2012)
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Request |
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| 84 |
Filed: 5/30/2012, Entered: 5/30/2012 |
Declaration |
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DECLARATION of Sherry Brennan In Support Of Plaintiffs' Motion For Preliminary Injunction. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Affidavit /Certificate of Service)(Keller, Bruce) (Entered: 05/30/2012)
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Request |
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| 83 |
Filed: 5/30/2012, Entered: 5/30/2012 |
Declaration |
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DECLARATION of Matt Bond In Support Of Plaintiffs' Motion for Preliminary Injunction. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Affidavit /Certificate of Service)(Keller, Bruce) (Entered: 05/30/2012)
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Request |
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| 82 |
Filed: 5/29/2012, Entered: 5/29/2012 |
Memorandum of Law in Support |
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MEMORANDUM OF LAW in Support Of Plaintiffs' Joint Motion For A Preliminary Injunction. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Affidavit /Certificate of Service)(Keller, Bruce) (Entered: 05/29/2012)
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Request |
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| 81 |
Filed: 5/29/2012, Entered: 5/29/2012 |
Declaration in Support |
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DECLARATION of David M. Pozar in Support re: 76 Memorandum of Law in Opposition. Document filed by AEREO, Inc.. (Attachments: # 1 Exhibit 1)(Hosp, R.) (Entered: 05/29/2012)
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Request |
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| 80 |
Filed: 5/29/2012, Entered: 5/29/2012 |
Declaration in Support |
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DECLARATION of Joseph Lipowski in Support re: 76 Memorandum of Law in Opposition. Document filed by AEREO, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Hosp, R.) (Entered: 05/29/2012)
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Request |
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| 79 |
Filed: 5/29/2012, Entered: 5/29/2012 |
Declaration in Support |
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DECLARATION of Chaitanya Kanojia in Support re: 76 Memorandum of Law in Opposition. Document filed by AEREO, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Hosp, R.) (Entered: 05/29/2012)
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Request |
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| 78 |
Filed: 5/29/2012, Entered: 5/29/2012 |
Declaration in Support |
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DECLARATION of Paul Horowitz in Support re: 76 Memorandum of Law in Opposition. Document filed by AEREO, Inc.. (Attachments: # 1 Exhibit 1)(Hosp, R.) (Entered: 05/29/2012)
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Request |
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| 77 |
Filed: 5/29/2012, Entered: 5/29/2012 |
Declaration in Support |
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DECLARATION of Yvonne Chan in Support re: 76 Memorandum of Law in Opposition. Document filed by AEREO, 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 14 - Part 1, # 15 Exhibit 14 - Part 2, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27)(Hosp, R.) (Entered: 05/29/2012)
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Request |
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| 76 |
Filed: 5/29/2012, Entered: 5/29/2012 |
Memorandum of Law in Opposition |
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MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for Preliminary Injunction on Copyright. Document filed by AEREO, Inc.. (Hosp, R.) (Entered: 05/29/2012)
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| 75 |
Filed: 5/29/2012, Entered: 5/29/2012 |
Order |
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ORDER: Consistent with the Court's orders of May 18, 2012, and May 29, 2012, testimonial evidence in support of or opposition to the issuance of a preliminary injunction in this case will be received either through live testimony, by declaration, or by reading deposition excerpts into the record at the evidentiary hearing. It is this testimonial material that will be before the Court for purposes of deciding the preliminary injunction, rather than the extensive deposition transcripts-in some instances hundreds of pages of complete transcripts-submitted to date. (Signed by Judge Alison J. Nathan on 5/29/2012) (js) (Entered: 05/29/2012)
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Request |
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| 74 |
Filed: 5/29/2012, Entered: 5/29/2012 |
Order |
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JOINT PREHEARING ORDER: Pursuant to the Court's May 18, 2012 Order issued in the above-captioned actions (12-cv-1540, ECF No. 61; 12-cv-1543, ECF. No. 85), the parties in both actions, by and throughtheir respective undersigned counsel, respectfully jointly submit to the Court for its approval thefollowing proposed Joint Pre-hearing Order as set forth in this order (Signed by Judge Alison J. Nathan on 5/29/2012) (js) (Entered: 05/29/2012)
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Request |
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| 73 |
Filed: 5/25/2012, Entered: None |
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SEALED DOCUMENT placed in vault.(nm) (Entered: 05/25/2012)
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| 72 |
Filed: 5/24/2012, Entered: 5/25/2012 |
Order on Motion for Leave to File Document |
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ORDER. The Court GRANTS the motions of NetCoalition and the Electronic Frontier Foundation to file amicus curiae briefs in this matter. Granting 66 Motion for Leave to File Document; Granting 69 Motion to File Amicus Brief. (Signed by Judge Alison J. Nathan on 5/24/2012) (rjm) (Entered: 05/25/2012)
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| 71 |
Filed: 5/24/2012, Entered: 5/24/2012 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Alison J. Nathan from Bruce P. Keller dated 5/24/2012 re: Plaintiff's counsel respectfully requests that, for the foregoing reasons, and pursuant to Section 3.B, leave nunc pro tunc to file the attached Reply Memorandum Of Points And Authorities In Support Of Plaintiffs' Joint Motion For A Preliminary Injunction and Supplemental Declaration of Michael R. Potenza. ENDORSEMENT: The application is denied. Plaintiffs may file a reply brief not to exceed 25 pages by 9a.m. May 25, 2012., Set Deadlines/Hearing as to ( Replies due by 5/25/2012.) (Signed by Judge Alison J. Nathan on 5/24/2012) (laq) (Entered: 05/24/2012)
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| 70 |
Filed: 5/24/2012, Entered: 5/24/2012 |
Order |
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ORDER: The thirty-five page reply brief submitted by Plaintiffs is in substantial noncompliance with this Court's individual rules, which limit such briefs to ten pages unless prior permission to submit an oversized brief has been obtained. (See Judge Nathan's Individual Rules of Practice in Civil Cases 3.B). Plaintiffs' reply brief is stricken, with leave to refile a brief complying with the Court's rules no later than 9:00am, May 25, 2012. (Signed by Judge Alison J. Nathan on 5/24/2012) (laq) (Entered: 05/24/2012)
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| 69 |
Filed: 5/23/2012, Entered: 5/23/2012 |
Motion to File Amicus Brief |
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MOTION to File Amicus Brief in Support of Defendants. Document filed by Electronic Frontier Foundation. (Attachments: # 1 Amici Brief)(Stoltz, Mitchell) (Entered: 05/23/2012)
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| 68 |
Filed: 5/23/2012, Entered: 5/23/2012 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Mitchell L. Stoltz on behalf of Electronic Frontier Foundation (Stoltz, Mitchell) (Entered: 05/23/2012)
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| 67 |
Filed: 5/22/2012, Entered: 5/22/2012 |
Brief |
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BRIEF Amici Curiae. Document filed by NetCoalition.(Erickson, Markham) (Entered: 05/22/2012)
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| 66 |
Filed: 5/22/2012, Entered: 5/22/2012 |
Motion for Leave to File Document |
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MOTION for Leave to File Brief amici curiae. Document filed by NetCoalition.(Erickson, Markham) (Entered: 05/22/2012)
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| 65 |
Filed: 5/22/2012, Entered: 5/22/2012 |
Rule 7.1 Corporate Disclosure Statement |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NetCoalition.(Erickson, Markham) (Entered: 05/22/2012)
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| 64 |
Filed: 5/22/2012, Entered: 5/22/2012 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELECONFERENCE proceeding held on 5/17/12 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) (Entered: 05/22/2012)
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| 63 |
Filed: 5/22/2012, Entered: 5/22/2012 |
Transcript |
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TRANSCRIPT of Proceedings re: TELECONFERENCE held on 5/17/2012 before Judge Alison J. Nathan. Court Reporter/Transcriber: Jerry Harrison, (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 6/15/2012. Redacted Transcript Deadline set for 6/25/2012. Release of Transcript Restriction set for 8/23/2012.(McGuirk, Kelly) (Entered: 05/22/2012)
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Request |
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| 62 |
Filed: 5/21/2012, Entered: 5/21/2012 |
Sealed Document + |
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SEALED DOCUMENT placed in vault.(nm) (Entered: 05/21/2012)
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| 61 |
Filed: 5/18/2012, Entered: 5/18/2012 |
Order |
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ORDER: The Court adopts the following procedures in advance ofthe preliminary injunction hearing scheduled for May 30 and 31, 2012: The hearing will begin at 9:15 am and conclude at 5:30 pm each day. Each side will be given 20 minutes for opening statements. Each side will be given five hours total for presentation ofits case and any cross-examination. The Court will hear closing argument from 2:30 pm to 5:30 pm on May 31, 2012, with each side allowed an hour and a half to make their arguments. Plaintiffs' counsel may reserve whatever amount oftime they see fit for rebuttal. No later than May 25, 2012, the parties shall submit ajoint prehearing order which provides the following: (1) each party's witness list, including whether each witness will appear live or by declaration; (2) whether, for each witness on a party's witness list, the opposing party intends to conduct cross-examination through live testimony or by reading deposition excerpts into the record; (3) an exhibit list of all exhibits sought to be admitted; and (4) any objections to the opposing party's exhibits. At the same time that the parties submit these materials, they shall also submit two copies of a three ring binder containing tabbed, pre-marked copies ofthe exhibits that they seek to put into evidence. The deadline for Defendant to file their opposition papers is extended to noon, May 19, 2012. The deadline for Plaintiffs to file their reply papers is extended to the end of the day (11:59 pm) on May 23, 2012. Post-hearing proposed findings of fact and conclusions of law citing to the hearing transcript or record materials shall be submitted by both sides by June 8, 2012. Any objections or responses to a party's post-hearing proposed findings of fact and conclusions oflaw shall be submitted no later than June 15,2012.(Responses due by 5/19/2012, Replies due by 5/23/2012 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 5/12/2012) (ft) Modified on 5/23/2012 (laq). (Entered: 05/18/2012)
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| 60 |
Filed: 5/15/2012, Entered: 5/16/2012 |
Order on Motion to Appear Pro Hac Vice |
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ORDER GRANTING ADMISSION PRO HAC VICE: granting 57 Motion for Mitchell L. Stoltz to Appear Pro Hac Vice. (Signed by Judge Alison J. Nathan on 5/15/2012) (js) (Entered: 05/16/2012)
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| 59 |
Filed: 5/14/2012, Entered: 5/14/2012 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 5/7/12 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) (Entered: 05/14/2012)
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| 58 |
Filed: 5/14/2012, Entered: 5/14/2012 |
Transcript |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 5/7/2012 before Judge Alison J. Nathan. Court Reporter/Transcriber: William Richards, (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 6/7/2012. Redacted Transcript Deadline set for 6/18/2012. Release of Transcript Restriction set for 8/16/2012.(McGuirk, Kelly) (Entered: 05/14/2012)
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Request |
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| 57 |
Filed: 5/11/2012, Entered: 5/14/2012 |
Motion to Appear Pro Hac Vice |
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MOTION for Mitchell L. Stoltz to Appear Pro Hac Vice. Document filed by Electronic Frontier Foundation.(pgu) (pgu). (Entered: 05/14/2012)
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| 56 |
Filed: 5/14/2012, Entered: 5/14/2012 |
Order on Motion to Appear Pro Hac Vice |
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ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 54 Motion for Markham C. Erickson to Appear Pro Hac Vice. (Signed by Judge Alison J. Nathan on 5/14/2012) Copies Mailed By Chambers. (tro) (Entered: 05/14/2012)
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| 55 |
Filed: 5/11/2012, Entered: 5/11/2012 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Alison J. Nathan from Scott B. Wilkens dated 5/10/2012 re: Counsel writes on behalf of all parties to propose that 5/24/2012 at 2:00 p.m. be the new date for the pre-hearing conference. Counsel also request a 30-minute telephonic conference for 5/17/2012 at 4:00 p.m. Aereo will serve its opposition brief on unfair competition, without supporting declarations, by noon on 5/17/2012. Aereo will then file and serve all of its opposition papers on unfair competition by 5/18/2012. WNET Plaintiffs will file their reply papers on unfair competition by 2 p.m. on 5/23/2012. ENDORSEMENT: SO ORDERED. ( Pretrial Conference set for 5/24/2012 at 02:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 5/11/2012) (tro) (Entered: 05/11/2012)
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| 54 |
Filed: 5/11/2012, Entered: 5/11/2012 |
Motion to Appear Pro Hac Vice |
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MOTION for Markham C. Erickson to Appear Pro Hac Vice. Document filed by NetCoalition.(pgu) (pgu). (Entered: 05/11/2012)
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| 53 |
Filed: 5/9/2012, Entered: 5/9/2012 |
Declaration in Support |
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DECLARATION of Michael R. Potenza (re Plaintiffs' Pre-Hearing Memorandum) in Support. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Exhibit 1 to Potenza Declaration, # 2 Exhibit 2 to Potenza Declaration, # 3 Exhibit 3 to Potenza Declaration, # 4 Exhibit 4 to Potenza Declaration, # 5 Exhibit 5 to Potenza Declaration, # 6 Exhibit 6 to Potenza Declaration, # 7 Exhibit 7 to Potenza Declaration, # 8 Exhibit 8 to Potenza Declaration, # 9 Exhibit 9 (Part 1 of 3) to Potenza Declaration, # 10 Exhibit 9 (Part 2 of 3) to Potenza Declaration, # 11 Exhibit 9 (Part 3 of 3) to Potenza Declaration, # 12 Exhibit 10 to Potenza Declaration, # 13 Exhibit 11 to Potenza Declaration, # 14 Exhibit 12 to Potenza Declaration, # 15 Exhibit 13 to Potenza Declaration, # 16 Exhibit 14 to Potenza Declaration, # 17 Exhibit 15 to Potenza Declaration, # 18 Exhibit 16 to Potenza Declaration, # 19 Exhibit 17 to Potenza Declaration, # 20 Exhibit 18 to Potenza Declaration, # 21 Exhibit 19 to Potenza Declaration, # 22 Exhibit 20 to Potenza Declaration, # 23 Exhibit 21 to Potenza Declaration, # 24 Exhibit 22 to Potenza Declaration, # 25 Exhibit 23 to Potenza Declaration, # 26 Exhibit 24 to Potenza Declaration, # 27 Exhibit 25 to Potenza Declaration, # 28 Exhibit 26 to Potenza Declaration, # 29 Exhibit 27 to Potenza Declaration, # 30 Exhibit 28 to Potenza Declaration, # 31 Exhibit 29 to Potenza Declaration, # 32 Exhibit 30 to Potenza Declaration, # 33 Exhibit 31 to Potenza Declaration, # 34 Exhibit 32 to Potenza Declaration, # 35 Exhibit 33 to Potenza Declaration, # 36 Exhibit 34 to Potenza Declaration, # 37 Exhibit 35 to Potenza Declaration, # 38 Exhibit 36 to Potenza Declaration, # 39 Exhibit 37 to Potenza Declaration, # 40 Exhibit 38 to Potenza Declaration, # 41 Exhibit 39 to Potenza Declaration, # 42 Exhibit 40 to Potenza Declaration, # 43 Exhibit 41 to Potenza Declaration, # 44 Exhibit 42 to Potenza Declaration, # 45 Exhibit 43 to Potenza Declaration, # 46 Exhibit 44 to Potenza Declaration, # 47 Exhibit 45 to Potenza Declaration, # 48 Exhibit 46 to Potenza Declaration, # 49 Exhibit 47 to Potenza Declaration, # 50 Exhibit 48 to Potenza Declaration, # 51 Exhibit 49 to Potenza Declaration, # 52 Certificate of Service)(Potenza, Michael) (Entered: 05/09/2012)
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Request |
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| 52 |
Filed: 5/9/2012, Entered: 5/9/2012 |
Declaration in Support |
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DECLARATION of Professor John L. Volakis (re Plaintiffs' Joint Motion for a Preliminary Injunction) in Support. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Certificate of Service)(Keller, Bruce) (Entered: 05/09/2012)
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Request |
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| 51 |
Filed: 5/9/2012, Entered: 5/9/2012 |
Declaration in Support |
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DECLARATION of Dr. John P.J. Kelly (re Plaintiffs' Joint Motion for a Preliminary Injunction) in Support. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Certificate of Service)(Keller, Bruce) (Entered: 05/09/2012)
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Request |
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| 50 |
Filed: 5/9/2012, Entered: 5/9/2012 |
Declaration in Support |
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DECLARATION of Stephen Segaller (re Plaintiffs' Joint Motion for a Preliminary Injunction) in Support. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Certificate of Service)(Keller, Bruce) (Entered: 05/09/2012)
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Request |
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| 49 |
Filed: 5/9/2012, Entered: 5/9/2012 |
Declaration in Support |
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DECLARATION of Martin D. Franks (re Plaintiffs' Joint Motion for a Preliminary Injunction) in Support. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Exhibit A to Franks Declaration, # 2 Certificate of Service)(Keller, Bruce) (Entered: 05/09/2012)
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Request |
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| 48 |
Filed: 5/9/2012, Entered: 5/9/2012 |
Declaration in Support |
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DECLARATION of Dave Davis (re Plaintiffs' Joint Motion for a Preliminary Injunction) in Support. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Exhibit A to Davis Declaration, # 2 Exhibit B to Davis Declaration, # 3 Certificate of Service)(Keller, Bruce) (Entered: 05/09/2012)
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Request |
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| 47 |
Filed: 5/9/2012, Entered: 5/9/2012 |
Declaration in Support |
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DECLARATION of Salil Dalvi (re Plaintiffs' Joint Motion for a Preliminary Injunction) in Support. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Exhibit A to Dalvi Declaration, # 2 Certificate of Service)(Keller, Bruce) (Entered: 05/09/2012)
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Request |
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| 46 |
Filed: 5/9/2012, Entered: 5/9/2012 |
Declaration in Support |
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DECLARATION of Sherry Brennan (re Plaintiffs' Joint Motion for a Preliminary Injunction) in Support. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Certificate of Service)(Keller, Bruce) (Entered: 05/09/2012)
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Request |
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| 45 |
Filed: 5/9/2012, Entered: 5/9/2012 |
Declaration in Support |
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DECLARATION of Matt Bond (re Plaintiffs' Joint Motion for a Preliminary Injunction) in Support. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Exhibit A to Bond Declaration, # 2 Exhibit B to Bond Declaration, # 3 Exhibit C to Bond Declaration, # 4 Exhibit D to Bond Declaration, # 5 Exhibit E to Bond Declaration, # 6 Exhibit F to Bond Declaration, # 7 Exhibit G to Bond Declaration, # 8 Certificate of Service)(Keller, Bruce) (Entered: 05/09/2012)
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Request |
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| 44 |
Filed: 5/8/2012, Entered: 5/8/2012 |
Memorandum of Law in Support |
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MEMORANDUM OF LAW in Support / Memorandum of Points and Authorities in Support of Plaintiffs' Joint Motion for a Preliminary Injunction. Document filed by American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios Inc., Disney Enterprises, Inc., NBC Studios, LLC, NBCUniversal Media, LLC, Telemundo Network Group LLC, Universal Network Television, LLC, WNJU-TV Broadcasting LLC. (Attachments: # 1 Certificate of Service)(Keller, Bruce) (Entered: 05/08/2012)
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| 43 |
Filed: 5/7/2012, Entered: 5/7/2012 |
Order |
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ORDER: Aereo's request that the Court strike the declarations of Plaintiffs' experts Drs. Volakis and Kelly is denied. To the extent they have not already done so, Plaintiffs shall produce to Aereo all non-privileged materials relating to Dr. Volakis's analysis of Aereo's system or otherwise relating to his expert declaration no later than 2:00 pm, May 8, 2012. Plaintiffs shall make Dr. Volakis available at a time convenient for Aereo on or before May 11, 2012, for a four hour deposition in Boston relating to any additional testing conducted by Dr. Volakis following the service of his expert report, including the testing disclosed in paragraphs 78 to 84 of his expert report. The deadline for Aereo to file its opposition brief and supporting materials in response to Plaintiffs' request for a preliminary injunction, currently set for May 15, 2012, is extended to May 18, 2012. The deadline for Plaintiffs' reply brief, currently set for May 21, 2012, is extended to May 23,2012, at 2:00 pm. (Signed by Judge Alison J. Nathan on 5/7/2012) (js) Modified on 5/7/2012 (js). (Entered: 05/07/2012)
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Request |
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| 42 |
Filed: 5/3/2012, Entered: 5/3/2012 |
Scheduling Order |
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SCHEDULING ORDER. The Court is in receipt of Aereo's letter requesting that the Court strike Plaintiffs' expert declarations in this matter. Any response shall be submitted to the Court no later than 3:00 pm, May 4, 2012. (Signed by Judge Alison J. Nathan on 5/3/2012) (rjm) (Entered: 05/03/2012)
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| 41 |
Filed: 5/3/2012, Entered: 5/3/2012 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 3/13/12 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) (Entered: 05/03/2012)
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| 40 |
Filed: 5/3/2012, Entered: 5/3/2012 |
Transcript |
|
TRANSCRIPT of Proceedings re: MOTION held on 3/13/2012 before Judge Alison J. Nathan. Court Reporter/Transcriber: Jerry Harrison, (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 5/29/2012. Redacted Transcript Deadline set for 6/7/2012. Release of Transcript Restriction set for 8/6/2012.(McGuirk, Kelly) (Entered: 05/03/2012)
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Request |
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| 39 |
Filed: 5/3/2012, Entered: 5/3/2012 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/23/12 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) (Entered: 05/03/2012)
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| 38 |
Filed: 5/3/2012, Entered: 5/3/2012 |
Transcript |
|
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/23/2012 before Judge Alison J. Nathan. Court Reporter/Transcriber: Eve Giniger, (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 5/29/2012. Redacted Transcript Deadline set for 6/7/2012. Release of Transcript Restriction set for 8/6/2012.(McGuirk, Kelly) (Entered: 05/03/2012)
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Request |
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