J & J Sports Productions, Inc. v. Chico et al

Filing 14

ORDER Case Management Statement due by 2/17/2012. Case Management Conference reset for 2/24/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 11/29/11. (bpf, COURT STAFF) (Filed on 11/29/2011)

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Thomas P. Riley (SBN 194706)
LAW OFFICES OF THOMAS P. RILEY, P.C.
First Library Square
1114 Fremont Avenue
South Pasadena CA 91030-3227
Telephone No. [phone]
Facsimile No. [phone]
Attorneys for Plaintiff
J & J SPORTS PRODUCTIONS, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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J & J SPORTS PRODUCTIONS, INC.,

Case No. 3:11-CV-03722-EMC

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Plaintiff,

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vs.

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HILARIO CHICO CHICO, et al.

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Defendant.

PLAINTIFF’S CASE MANAGEMENT
CONFERENCE STATEMENT
ORDER RESETTING CMC
FOR: Honorable Edward M. Chen
DATE: Friday, December 2, 2011
TIME: 9:00 A.M.

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Pursuant to this Court's Civil Local Rule, the Plaintiff submits this Case Management

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Conference Statement for the consideration of this Honorable Court. This Statement is “unilateral” in

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nature because defendants have failed and refused to answer Plaintiff’s duly served complaint.
WHEREFORE, the Plaintiff makes the following representations and recommendations to

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this Honorable Court:
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PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT
3:11-CV-03722-EMC
PAGE 1

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1. Statement of Facts and Events Underlying This Action.

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Plaintiff, J & J Sports Productions, Inc., claims that the Defendant Hilario Chico Chico,

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individually and d/b/a Olivia’s Brunch Restaurant misappropriated a televised professional boxing

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Program to which the Plaintiff owned the exclusive commercial exhibition rights and thereafter

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exhibited the Program at the commercial establishment (Olivia’s Brunch Restaurant) in San

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Francisco, California, which they operate. The subject Program, broadcast on Saturday, July 31,

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2010, was the "Fight of the Year: The Rematch!": Juan Manuel Marquez v. Juan Diaz (hereinafter

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"Program ").

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2. The Principal Factual Issues to Which the Parties Dispute.

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Plaintiff is unaware at this time of which principal factual issues remain unresolved.

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3. The Principal Legal Issues to Which the Parties Dispute.
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Plaintiff is unaware at this time of which principal factual issues remain unresolved.
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4. Other Factual Issues Which Remain Unresolved.

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Plaintiff is unaware at this time of which principal factual issues remain unresolved.

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5. The Following Defendant Has Not Been Served.

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The defendant has been duly served.

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6. Consent to Jurisdiction By a Magistrate Judge

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The Plaintiff does not consent to a jurisdiction of this action by a Magistrate Judge.

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7. Disclosures

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If necessary, the Plaintiff will serve the defendants with its Initial Disclosures on/or

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December 2, 2011.

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PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT
3:11-CV-03722-EMC
PAGE 2

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8. Discovery

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Plaintiff respectfully requests that the discovery in this action not be limited nor conducted in

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phases. The Plaintiff proposes a discovery cutoff date of October 1, 2012.

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9. Proposed Pre-trial and Trial Schedule

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Plaintiff believes any trial in this action could be conducted in two (2) to three (3) days. If

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necessary the Plaintiff requests a bench trial to commence in February 2013.

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10. Proposed Dates:
a. Last Day to Amend Pleadings:

May 31, 2012

b. Last Day for Non-Expert Discovery:

October 1, 2012

c. Last Day to Disclose Experts:

November 1, 2012

d. Expert Discovery Cut-off:

November 15, 2012

e. Last Day to File Motion for Summary Judgment:

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December 1, 2012

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11. Damages and Other Relief
Plaintiff seeks statutory damages, actual damages, attorneys’ fees and costs against each of

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the named Defendant. The computations of Plaintiff’s damages prayed for in the complaint filed in

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this action are, as follows:

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a. 47 U.S.C. 605 (e)(3)(B)(iii) and (c)(ii):

$ 110,000.00

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b. 47 U.S.C. 553 (b)(2) and (c)(2)(c):

$ 60,000.00

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c. Conversion:

TO BE DETERMINED

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d. Violation of Cal. B&P §17200

TO BE DETERMINED

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e. Attorneys’ fees:

TO BE DETERMINED

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f. Costs:

TO BE DETERMINED.
Total: $ 170,000.00 est.

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12. Alternative Dispute Resolution

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If necessary, Plaintiff proposes a settlement conference before a U.S. District Court

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Magistrate Judge as the ADR process in this action.

PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT
3:11-CV-03722-EMC
PAGE 3

Signature and Certification By Lead Trial Counsel

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Pursuant to Civil L.R. 16-12, the undersigned certifies that he or she has read the brochure

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entitled "Dispute Resolution Procedures in the Northern District of California," discussed the

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available dispute resolution options provided by the Court and private entities and has considered

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whether their case might benefit from-any of the available dispute resolutions options.

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Date: November 22, 2011

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/s/ Thomas P. Riley
LAW OFFICES OF THOMAS P, RILEY, P.C.
By: Thomas P. Riley
Attorneys for Plaintiff
J & J Sports Productions, Inc.

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PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT
3:11-CV-03722-EMC
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Case Management Order (Proposed)

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The Case Management Statement and Proposed Order is hereby adopted by the Court as the

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Case Management Order for the case and the Parties are ordered to comply with this Order.
In addition the Court orders:

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The CMC is reset from 12/2/11 at 9:00 a.m. to 2/24/12 at 9:00 a.m. A joint CMC statement
shall be filed by 2/17/12. Plaintiff shall serve a copy of this order upon defendants
immediately.

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IT IS SO ORDERED:

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n

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dward
Judge E

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HONORABLE RED
EDWARD M. CHEN
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United States District Court Judge
SO OR ED
IT IS
DIFI
Northern District of California
AS MO

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11/29/11

UNIT
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Dated:

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PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT
3:11-CV-03722-EMC
PAGE 5

OF

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PROOF OF SERVICE (SERVICE BY MAIL)

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I declare that:

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I am employed in the County of Los Angeles, California. I am over the age of eighteen years

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and not a party to the within cause; my business address is First Library Square 1114 Fremont Avenue,

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South Pasadena, California 91030. I am readily familiar with this law firm's practice for collection

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and processing of correspondence/documents for mail in the ordinary course of business.

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On November 22, 2011 I served:

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PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT

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On all parties referenced by enclosing a true copy thereof in a sealed envelope with postage

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prepaid and following ordinary business practices, said envelope was duly mailed and addressed to:

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Hilario Chico Chico (Defendant)
3771 Mission Street
San Francisco, CA 94110

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I declare under the penalty of perjury pursuant to the laws of the United States that the

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foregoing is true and correct and that this declaration was executed on November 22, 2011, at South

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Pasadena, California.

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Dated: November 22, 2011
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PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT
3:11-CV-03722-EMC
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/s/ Maria Baird
MARIA BAIRD