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

Filing 45

STIPULATION RE STAYING THE LITIGATION PENDING APPEAL by FOX BROADCASTING COMPANY, INC., FOX TELEVISION STATIONS, INC., TWENTIETH CENTURY FOX FILM CORPORATION. (Attachments: # 1 Text of Proposed Order)(Shepard, Julie)

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.
FILMON X, LLC, et al.
Defendants.

STIPULATION RE STAYING THE LITIGATION PENDING APPEAL
Plaintiffs Fox Television Stations, Inc., Twentieth Century Fox Film Corp., 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., Allbritton Communications
Company, CBS Broadcasting Inc., CBS Studios Inc., and Gannett Co., Inc. (collectively
“Plaintiffs”), and Defendants FilmOn X, LLC (f/k/a Aereokiller, LLC), FilmOn.TV Networks,
Inc., FilmOn.TV, Inc., and FilmOn.com, Inc. (collectively “Defendants”) stipulate as follows:
WHEREAS, on September 5, 2013, the Court issued an Order on Plaintiffs’ Motion for a
Preliminary Injunction (“Order”);
WHEREAS, Defendants intend to appeal the Order to the United States Court of Appeals
for the District of Columbia Circuit;
WHEREAS, the Court has scheduled a status conference for September 20, 2013;
WHEREAS, the parties met and conferred and agree that staying the litigation and
continuing the status conference pending the District of Columbia Circuit’s decision on

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Defendants’ appeal would promote judicial efficiency and economy and would be in the best
interests of the parties and the Court;
WHEREAS, the parties agreed that such a stay: (1) could not be raised by either party as
having any effect on the issue of irreparable harm, (2) would not preclude any of the parties from
bringing changes in the pertinent law to this Court’s attention, (3) would not preclude the Court
from modifying the scope of the injunctive relief granted pursuant to the Order, and (4) would
not preclude Plaintiffs from enforcing the existing Order or from seeking relief for any new
infringements by Defendants that are not the subject of this Court’s Order;
It is hereby stipulated by and between Plaintiffs and Defendants, through their counsel of
record, and subject to the Court’s approval, that:
1.

The litigation will be stayed until the District of Columbia Circuit has issued a

decision on Defendants’ appeal of this Court’s Order;
2.

Neither party may argue that staying the litigation has any effect on the issue of

irreparable harm;
3.

The stay does not preclude any party from bringing to this Court’s attention any

changes in the pertinent law;
4.

The stay does not preclude the Court from modifying the scope of the injunctive

relief granted pursuant to the Order;
5.

The stay does not preclude Plaintiffs from enforcing this Court’s Order or from

seeking relief for any new infringements by Defendants that are not the subject of this Court’s
Order;

6.

The parties request that the Court take the September 20, 2013 status conference

off calendar; and

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