Aronson v. Dog Eat Dog Films, Inc.

Filing 22

Joint STATUS REPORT by Plaintiff Ken Aronson, Defendant Dog Eat Dog Films, Inc.. (Vertetis, Thomas)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 v. DOG EAT DOG FILMS, INC., Defendant. KEN ARONSON, Plaintiff, The Honorable Karen L. Strombom UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) ) ) ) ) ) ) ) ) No. 3:10-CV-05293-KLS COMBINED JOINT STATUS REPORT AND DISCOVERY PLAN PURSUANT TO FRCP 26(f) Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, Local Rule CR 16 and this Court's Order of April 28, 2010, the parties completed their FRCP 26(f) discovery conference on July 7, 2010, by telephone conference, in which Bruce Johnson and Noelle Kvasnosky, counsel for Defendant Dog Eat Dog Films, Inc., and Tom Vertetis, counsel for Plaintiff Ken Aronson, participated. As a result of that conference, the parties submit this Joint Status and Discovery Plan. 1. Parties' Statements of Nature & Complexity of Case: This case arises under multiple claims for relief, including claims for copyright infringement, invasion of privacy, and misappropriation of likeness. Jurisdiction lays primarily in the Federal Copyright Act, 17 U.S.C. 301, et seq. COMBINED JOINT STATUS REPORT AND DISCOVERY PLAN (3:10-cv-05293 KLS) -- 1 Davis Wright Tremaine LLP LAW OFFICES Suite 2200 1201 Third Avenue Seattle, Washington 98101-3045 (206) 622-3150 Fax: (206) 757-7700 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Defendant anticipates that this lawsuit will be resolved by early dispositive motions. Defendant's Motion to Strike Plaintiff's Claims of Misappropriation of Likeness and Invasion of Privacy is pending before this Court. The plaintiff respectfully disagrees with the defendant's opinion regarding the early disposition of the case. 2. The results of the FRCP 26(f) conference. The results of the FRCP 26(f) conference are memorialized herein. 3. Proposed Deadline for Joining Additional Parties: The parties do not anticipate joining any additional parties. 4. ADR Method: The parties believe that mediation is the ADR method that should be used in this case. 5. ADR Date: The parties believe that mediation under CR 39.1 should take place by July 1, 2011. 6. Jointly Proposed Discovery Plan: A. The FRCP 26(f) conference was completed on July 7, 2010, and the FRCP 26(a) initial disclosures were exchanged on July 20, 2010; B. The parties believe discovery may be needed on the following subjects: the ownership and creation of the copyrighted works Defendant allegedly infringed; the purportedly private facts about Plaintiff allegedly published by Defendant; the license to Defendant to use the underlying copyrighted work at issue in Sicko; whether Defendant's use of the underlying copyrighted work was a fair use; and Plaintiff's alleged damages. Defendant believes that there is a need for phased discovery. Davis Wright Tremaine LLP LAW OFFICES Suite 2200 1201 Third Avenue Seattle, Washington 98101-3045 COMBINED JOINT STATUS REPORT AND DISCOVERY PLAN (3:10-cv-05293 KLS) -- 2 (206) 622-3150 Fax: (206) 757-7700 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 7. Defendant believes discovery should occur in the first phase on the issues of the ownership and creation of the underlying copyrighted works at issue and whether Defendant's use of the underlying copyrighted work was a fair use. Defendant believes that discovery on the issue of Plaintiff's alleged damages should occur in a second phase; Plaintiff disagrees with the necessity of phased discovery. C. The parties do not believe that any changes should be made in the limitations on discovery imposed under the Federal and Local Rules, and that no other discovery limitations should be imposed; D. The parties hope to minimize expense by cooperating in the scheduling of depositions, and by limiting deposition examination and any other discovery to the issues in this case; E. The parties do not request at this time that this Court enter any orders under FRCP 26(c) or CR 16(b) and (c). Remainder of Discovery: The parties believe that discovery can be completed by June 1, 2011. 8. 9. Bifurcation: Bifurcation is not necessary in this case. Pretrial Statements/Orders: The parties do not believe that full pretrial statements will be required, and for the sake of economy, if a trial is required, the parties would propose to lodge a proposed pretrial order listing witnesses and exhibits seven (7) days in advance of trial. 10. Suggestions for Shortening of Simplifying Case. Defendant believes that this case will be resolved by early dispositive motions. Defendant's Special Davis Wright Tremaine LLP LAW OFFICES Suite 2200 1201 Third Avenue Seattle, Washington 98101-3045 COMBINED JOINT STATUS REPORT AND DISCOVERY PLAN (3:10-cv-05293 KLS) -- 3 (206) 622-3150 Fax: (206) 757-7700 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Motion to Strike Plaintiff's Claims of Misappropriation of Likeness and Invasion of Privacy is pending before this Court. The plaintiff respectfully disagrees with the defendant's opinion regarding the early disposition of the case. 11. Proposed Trial Date: The parties believe this case will be ready for trial December 5, 2011. 12. 13. days. 14. Potential Trial Counsel Scheduling Complications. Defendant's counsel Jury Trial: A trial would be a jury trial. Length of Trial: The parties anticipate the trial would not exceed five trial is unavailable in October and November of 2011. Plaintiff is unavailable in mid October 2011 and mid December 2011. 15. Service. All parties have been served. DATED this 27th day of July, 2010. Davis Wright Tremaine LLP Attorneys Defendant Dog Eat Dog Films, Inc. By __/s/ Noelle H. Kvasnosky________ Bruce E. H. Johnson, WSBA # 7667 Noelle H. Kvasnosky, WSBA # 40023 1201 Third Avenue, Suite 2200 Seattle, Washington 98101-3045 Telephone: (206) 757-8069 Fax: (206) 757-7069 E-mail: brucejohnson@dwt.com noellekvasnosky@dwt.com Pfau Cochran Vertetis Kosnoff PLLC Attorneys for Plaintiff Ken Aronson By __/s/ Thomas B. Vertetis__________ Thomas B. Vertetis, WSBA # 29805 Jason P. Amala, WSBA # 37054 Pfau Cochran Vertetis Kosnoff PLLC 911 Pacific Avenue Suite 200 Tacoma, WA 98402 Telephone: (253) 777-0799 Fax: (253) 627-0654 E-mail: tom@pcvklaw.com jason@pcvklaw.com COMBINED JOINT STATUS REPORT AND DISCOVERY PLAN (3:10-cv-05293 KLS) -- 4 Davis Wright Tremaine LLP LAW OFFICES Suite 2200 1201 Third Avenue Seattle, Washington 98101-3045 (206) 622-3150 Fax: (206) 757-7700