Arista Records LLC et al v. Lime Wire LLC et al

Filing 318

NOTICE of Joint Proposed Scheduling Order and Summary of Unresolved Scheduling Disputes. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)

Arista Records LLC et al v. Lime Wire LLC et al Doc. 318 Case 1:06-cv-05936-KMW Document 318 Filed 09/08/10 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ARISTA RECORDS LLC; ATLANTIC RECORDING CORPORATION; ARISTA MUSIC, fka BMG MUSIC; CAPITOL RECORDS LLC fka CAPITOL RECORDS, INC.; ELEKTRA ENTERTAINMENT GROUP INC.; INTERSCOPE RECORDS; LAFACE RECORDS LLC; MOTOWN RECORD COMPANY, L.P.; PRIORITY RECORDS LLC; SONY MUSIC ENTERTAINMENT, fka SONY BMG MUSIC ENTERTAINMENT; UMG RECORDINGS, INC.; VIRGIN RECORDS AMERICA, INC.; and WARNER BROS. RECORDS INC., Plaintiffs, v. LIME WIRE LLC; LIME GROUP LLC; MARK GORTON; GREG BILDSON; and M.J.G. LIME WIRE FAMILY LIMITED PARTNERSHIP, Defendants. JOINT PROPOSED SCHEDULING ORDER AND SUMMARY OF UNRESOLVED SCHEDULING DISPUTES 06 Civ. 05936 (KMW) ECF CASE 11615989.1 Dockets.Justia.com Case 1:06-cv-05936-KMW Document 318 Filed 09/08/10 Page 2 of 3 Pursuant to the Court's August 31, 2010 Order, the parties, through their respective counsel, have met and conferred regarding remaining discovery and pretrial deadlines. The parties agree regarding the following discovery and pretrial deadlines: Event Completion of opening productions per August 9 and August 31, 2010 Orders Last day for parties to serve disclosure of expert witness testimony per Fed. R. Civ. P. 26(a)(2) on any issue where that side bears the burden of proof at trial Last day for parties to exchange and file trial exhibit lists, trial witness lists and designations of deposition testimony for trial Last day for parties to file motions in limine Last day for parties to exchange and file objections to trial exhibit lists, trial witness lists and designations of deposition testimony for trial Parties to file pretrial order Last day to file briefs in opposition to motions in limine Last day to file reply briefs in support of motions in limine Trial The parties disagree regarding the following deadlines: Event Production of any discovery ordered produced from August 20, 2010 briefing Plaintiffs' Proposed Deadline Seven days from the entry of the Court's Order, except for discovery concerning lost profits or affirmative defenses November 8, 2010 Defendants' Proposed Deadline Production to commence seven days from entry of the Court's Order, and to be completed within 14 days of entry of the Order November 23, 2010 Deadline September 16, 2010 September 16, 2010 December 17, 2010 December 29, 2010 December 31, 2010 January 3, 2011 January 7, 2011 January 11, 2011 January 18, 2011 Completion of remaining discovery* * The parties disagree concerning the scope of this remaining discovery Last day to serve disclosures of rebuttal experts per Fed. R. Civ. P. 26(a)(2) Last day to depose rebuttal experts November 24, 2010 December 20, 2010 December 13, 2010 December 23, 2010 11615989.1 -1- Case 1:06-cv-05936-KMW Document 318 Filed 09/08/10 Page 3 of 3 The parties have set forth their respective positions regarding the unresolved issues in letter delivered to the Court this date. Dated: September 8, 2010 Respectfully submitted, /s/ Glenn D. Pomerantz Glenn D. Pomerantz Attorney for Plaintiffs Munger, Tolles & Olson LLP 355 South Grand Avenue, 35th Floor Los Angeles, California 90071 (213) 683-9100 (213) 687-3702 (Fax) /s/ Joseph T. Baio Joseph T. Baio Attorney for Defendants Willkie Farr & Gallagher LLP 787 Seventh Avenue New York, New York 10019 (212) 728-8000 (212) 728-8111 (Fax) 11615989.1 -2-