FOX TELEVISION STATIONS, INC., et al v. AEREOKILLER LLC, et al

Filing 26

STIPULATION by ALLBRITTON COMMUNICATIONS COMPANY, AMERICAN BROADCASTING COMPANIES, INC., CBS BROADCASTING, INC.,, CBS STUDIOS, DISNEY ENTERPRISES, INC., FOX BROADCASTING COMPANY, INC., FOX TELEVISION STATIONS, INC., GANNETT CO., INC., NBC STUDIOS LLC, NBC SUBSIDIARY (WRC-TV), LLC, OPEN 4 BUSINESS PRODUCTIONS LLC, TELEMUNDO NETWORK GROUP LLC,, TWENTIETH CENTURY FOX FILM CORPORATION, UNIVERSAL NETWORK TELEVISION LLC. (Attachments: # 1 Text of Proposed Order)(Smith, Paul)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA

FOX TELEVISION STATIONS, INC., et al.

Civil Action No. 1:13-cv-00758-RMC
Hon. Rosemary M. Collyer

Plaintiffs,
v.
AEREOKILLER LLC, et al.
Defendants.

JOINT STIPULATION REGARDING (1) SCHEDULING FOR
PLAINTIFFS’ JOINT MOTION FOR PRELIMINARY INJUNCTION AND
(2) CONTINUANCE OF SEPTEMBER 3, 2013 INITIAL SCHEDULING
CONFERENCE

Plaintiffs1 and Defendants2 in this action hereby mutually request that this Court, for the
reasons stated herein, (1) set a September 20, 2013 hearing date for Plaintiffs’ Joint Motion for
Preliminary Injunction (the “Motion,” which is filed concurrently herewith), pursuant to the
briefing schedule set forth below, and (2) continue the September 3, 2013 scheduling conference
to take place on the same day as the hearing on the Motion
WHEREAS, counsel for Plaintiffs advised counsel for Defendants that Plaintiffs will be
filing the Motion, and they met and conferred about the Motion and scheduling;
WHEREAS, counsel for Plaintiffs and Defendants are scheduled to present oral argument
in an appeal pending before the United States Court of Appeals for the Ninth Circuit on August
27, 2013;
WHEREAS, counsel for Plaintiffs and Defendants have conferred with respect to a
mutually convenient hearing date for the Motion taking into consideration the August 27, 2013
oral argument , their other existing commitments, and information about the Court’s calendar in
September;
WHEREAS, the proposed hearing date below has been agreed to by all parties;
WHEREAS, the briefing schedule set forth below has been agreed to by all parties;
WHEREAS, the Court issued an order on July 17, 2013, setting the Initial Scheduling
Conference for September 3, 2013; and

1

Plaintiffs are Fox Television Stations, Inc., Twentieth Century Fox Film Corporation, Fox
Broadcasting Company, NBC Subsidiary (WRC-TV) LLC, NBC Studios LLC, Universal
Network Television, LLC, Open 4 Business Productions LLC, Telemundo Network Group LLC,
American Broadcasting Companies, Inc., Disney Enterprises, Inc., CBS Broadcasting Inc., CBS
Studios Inc., Allbritton Communications Company, and Gannett Co., Inc.
2
Defendants are FilmOnX LLC (f/k/a Aereokiller LLC), FilmOn.TV Networks, Inc.,
FilmOn.TV, Inc., and FilmOn.com, Inc.

1

WHEREAS, the parties mutually request that the Initial Scheduling Conference be
continued to take place on the same day as the hearing on the Motion;
THE PARTIES THEREFORE STIPULATE AND AGREE AS FOLLOWS, SUBJECT
TO THE COURT’S APPROVAL:
The Motion shall be heard by this Court on September 20, 2013. If the Motion cannot be
heard on September 20, the parties request either a short telephonic conference to set the hearing
date or alternatively that counsel for Plaintiffs be provided with available hearing dates and
instructed to confer with Defendants’ counsel regarding a mutually convenient date for the
hearing.
Defendants shall have two weeks after ECF service of the Motion to file their Opposition,
and Plaintiffs shall file their Reply Brief in Support of the Motion eight (8) court days after ECF
service of Defendants’ reply papers.
The Initial Scheduling Conference shall be continued from September 3, 2013, to
September 20, 2013, or any other date that is set for the hearing on the Motion.
IT IS SO STIPULATED.

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2

Dated:

August 1,2013

JENNER & BLOCK LLP

Dated:

August 1,2013

ARNOLD & PORTER LLP

By:
John C. Ulin
Attorneys for Plaintiffs
Dated:

August 1,2013

BAKER MARQUART LLP

By:
Ryan Baker
Attorneys for Defendants