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

Filing 48

Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 46 Notice of Appeal to DC Circuit Court,. (jf, )

APPEAL,JURY,TYPE−E

U.S. District Court
District of Columbia (Washington, DC)
CIVIL DOCKET FOR CASE #: 1:13−cv−00758−RMC
FOX TELEVISION STATIONS, INC., et al v. FILMON X,
LLC, et al
Assigned to: Judge Rosemary M. Collyer
Demand: $100,000
Cause: 17:101 Copyright Infringement
Plaintiff
FOX TELEVISION STATIONS, INC.

Date Filed: 05/23/2013
Jury Demand: Plaintiff
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question

represented by Paul March Smith
JENNER &BLOCK LLP
1099 New York Avenue, NW
Suite 900
Washington, DC 20001
(202) 639−6060
Fax: (202) 639−6066
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Amy M. Gallegos
JENNER &BLOCK LLP
633 W 5th Street
Suite 3600
Los Angeles, CA 90071
(213) 239−5100
Fax: (213) 239−5199
PRO HAC VICE
Julie Ann Shepard
JENNER &BLOCK LLP
633 W 5th Street
Suite 3600
Los Angeles, CA 90071
213−239−5100
Fax: 213−239−5199
Email: [e-mail]
PRO HAC VICE
ATTORNEY TO BE NOTICED
Richard L. Stone
JENNER &BLOCK LLP
633 W 5th Street
Suite 3600
Los Angeles, CA 90071
213−239−5100
Fax: 213−239−5199

1

Email: [e-mail]
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
ARNOLD &PORTER LLP
555 12th Street, NW
Washington, DC 20004
(202) 942−6143
Fax: (202) 942−5999
Email: [e-mail]
ATTORNEY TO BE NOTICED
Plaintiff
TWENTIETH CENTURY FOX FILM
CORPORATION

represented by Paul March Smith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Amy M. Gallegos
(See above for address)
PRO HAC VICE
Julie Ann Shepard
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Richard L. Stone
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
FOX BROADCASTING COMPANY,
INC.

represented by Paul March Smith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Amy M. Gallegos
(See above for address)
PRO HAC VICE
Julie Ann Shepard
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

2

Richard L. Stone
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
NBC SUBSIDIARY (WRC−TV), LLC

represented by Robert Alan Garrett
ARNOLD &PORTER LLP
555 12th Street, NW
Washington, DC 20004
(202) 942−5444
Fax: (202) 942−5999
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James Spencer Blackburn
ARNOLD &PORTER, LLP
777 South Figueroa Street
44th Floor
Los Angeles, CA 90017
(213) 243−4000
Fax: (213) 243−4199
Email: [e-mail]
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
NBC STUDIOS LLC

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James Spencer Blackburn
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
John Charles Ulin
ARNOLD &PORTER, LLP
777 South Figueroa Street
44th Floor

3

Los Angeles, CA 90017
(213) 243−4000
Fax: (213) 243−4199
Email: [e-mail]
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
UNIVERSAL NETWORK
TELEVISION LLC

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James Spencer Blackburn
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
John Charles Ulin
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
OPEN 4 BUSINESS PRODUCTIONS
LLC

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James Spencer Blackburn
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
John Charles Ulin
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

4

Plaintiff
TELEMUNDO NETWORK GROUP
LLC,

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James Spencer Blackburn
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
John Charles Ulin
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
AMERICAN BROADCASTING
COMPANIES, INC.

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James Spencer Blackburn
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
John Charles Ulin
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
DISNEY ENTERPRISES, INC.

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James Spencer Blackburn
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

5

John Charles Ulin
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
ALLBRITTON COMMUNICATIONS
COMPANY

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James Spencer Blackburn
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
John Charles Ulin
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
GANNETT CO., INC.

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James Spencer Blackburn
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
John Charles Ulin
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
CBS BROADCASTING, INC.,

represented by

6

Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James Spencer Blackburn
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
John Charles Ulin
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
CBS STUDIOS

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James Spencer Blackburn
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
John Charles Ulin
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

V.
Defendant
AEREOKILLER LLC,
TERMINATED: 08/19/2013

represented by Jaime W. Marquart
BAKER MARQUET LLP
10990 Wilshire Boulevard
Suite 400
Los Angeles, CA 90024
(424) 652−7800
Fax: (424) 652−7850
LEAD ATTORNEY
PRO HAC VICE

7

ATTORNEY TO BE NOTICED
Ryan G. Baker
BAKER MARQUET LLP
10990 Wilshire Boulevard
Suite 400
Los Angeles, CA 90024
(424) 642−7800
Fax: (424) 642−7850
Email: [e-mail]
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
LAW OFFICE OF KERRY J.
DAVIDSON
1738 Elton Road
Suite 113
Silver Spring, MD 20903
(301) 563−9816
Fax: (866) 920−1535
Email: [e-mail]
ATTORNEY TO BE NOTICED
Defendant
FILMON.TV NETWORKS, INC.,

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
FILMON.TV, INC.

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)

8

LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
FILMON.COM, INC,

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
FILMON X, LLC

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED

Counter Claimant
FILMON X, LLC

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)

9

LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED

V.
Counter Defendant
FILMON X, LLC

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED

Counter Claimant
AEREOKILLER LLC,
TERMINATED: 08/19/2013

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED

Counter Claimant
FILMON.TV NETWORKS, INC.,

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan G. Baker

10

(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED
Counter Claimant
FILMON.COM, INC,

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED

Counter Claimant
FILMON.TV, INC.

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED

V.
Counter Defendant
AEREOKILLER LLC,
TERMINATED: 08/19/2013

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan G. Baker

11

(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED
Counter Defendant
FILMON.TV NETWORKS, INC.,

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
FILMON.COM, INC,

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
FILMON.TV, INC.

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)
LEAD ATTORNEY
PRO HAC VICE

12

ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED
Counter Claimant
AEREOKILLER LLC,
TERMINATED: 08/19/2013

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED

Counter Claimant
FILMON.TV NETWORKS, INC.,

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED

Counter Claimant
FILMON.COM, INC,

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson

13

(See above for address)
ATTORNEY TO BE NOTICED
Counter Claimant
FILMON.TV, INC.

represented by Jaime W. Marquart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ryan G. Baker
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kerry J. Davidson
(See above for address)
ATTORNEY TO BE NOTICED

V.
Counter Defendant
ALLBRITTON COMMUNICATIONS
COMPANY

represented by Robert Alan Garrett
ARNOLD &PORTER LLP
555 12th Street, NW
Suite 311
Washington, DC 20004
(202) 942−5444
Fax: (202) 942−5999
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
AMERICAN BROADCASTING
COMPANIES, INC.

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
CBS BROADCASTING, INC.,

represented by Robert Alan Garrett
(See above for address)

14

LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED
Counter Defendant
CBS STUDIOS

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
DISNEY ENTERPRISES, INC.

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
FOX BROADCASTING COMPANY,
INC.

represented by Paul March Smith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Amy M. Gallegos
(See above for address)
PRO HAC VICE
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
FOX TELEVISION STATIONS, INC.

represented by Paul March Smith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

15

Counter Defendant
GANNETT CO., INC.

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
NBC STUDIOS LLC

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
NBC SUBSIDIARY (WRC−TV), LLC

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Charles Ulin
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
OPEN 4 BUSINESS PRODUCTIONS
LLC

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
TELEMUNDO NETWORK GROUP
LLC,

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY

16

ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED
Counter Defendant
TWENTIETH CENTURY FOX FILM
CORPORATION

represented by Paul March Smith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Amy M. Gallegos
(See above for address)
PRO HAC VICE
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
UNIVERSAL NETWORK
TELEVISION LLC

represented by Robert Alan Garrett
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Murad Hussain
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed

#

Page Docket Text

05/23/2013

1

COMPLAINT against FILMON X, LLC, FILMON.COM, INC,, FILMON.TV
NETWORKS, INC.,, FILMON.TV, INC. with Jury Demand ( Filing fee $ 400
receipt number 0090−3336993) filed by UNIVERSAL NETWORK
TELEVISION LLC,, TWENTIETH CENTURY FOX FILM CORPORATION,
NBC SUBSIDIARY (WRC−TV) LLC,, NBC STUDIOS LLC,, AMERICAN
BROADCASTING COMPANIES, INC., TELEMUNDO NETWORK GROUP
LLC,, ALLBRITTON COMMUNICATIONS COMPANY, FOX TELEVISION
STATIONS, INC.,, DISNEY ENTERPRISES, INC.,, OPEN 4 BUSINESS
PRODUCTIONS LLC,, FOX BROADCASTING COMPANY, INC..
(Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover
Sheet, # 4 Summons)(Hussain, Murad) Modified on 8/20/2013 (rdj). (Entered:
05/23/2013)

05/23/2013

2

REPORT on the Filing or Determination of an Action or Appeal Regarding a
Copyright. (Hussain, Murad) Modified on 5/24/2013 (rdj). (Entered: 05/23/2013)

05/23/2013

3

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No.
2:12−CV−6921 (C.D. Cal.); 2:12−CV−6950 (C.D. Cal.). (Hussain, Murad)
(Entered: 05/23/2013)

17

05/23/2013

4

05/23/2013

Corporate Disclosure Statement by ALLBRITTON COMMUNICATIONS
COMPANY, AMERICAN BROADCASTING COMPANIES, INC., DISNEY
ENTERPRISES, INC.,, FOX BROADCASTING COMPANY, INC., FOX
TELEVISION STATIONS, 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,. (Hussain,
Murad) (Entered: 05/23/2013)
Case Assigned to Judge Rosemary M. Collyer. (md, ) (Entered: 05/24/2013)

05/24/2013

5

AMENDED COMPLAINT against FILMON X, LLC, FILMON.COM, INC,,
FILMON.TV NETWORKS, INC., FILMON.TV, INC. with Jury Demand filed
by GANNETT CO., INC., CBS BROADCASTING INC., CBS STUDIOS.
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(rdj) Modified on 8/20/2013 (rdj).
(Entered: 05/24/2013)

05/24/2013

6

Electronic Summons (4) Issued as to FILMON X, LLC, FILMON.COM, INC,
FILMON.TV NETWORKS, INC., FILMON.TV, INC. (Attachments: # 1 consent
form, # 2 notice of consent to trial)(rdj) Modified on 8/20/2013 (rdj). (Entered:
05/24/2013)

05/24/2013

7

NOTICE OF CORRECTED CIVIL COVER SHEET 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, re
1 Complaint,, (Hussain, Murad) (Entered: 05/24/2013)

05/24/2013

8

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and
Financial Interests (AMENDED) 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, (Hussain,
Murad) (Entered: 05/24/2013)

06/20/2013

9

NOTICE of Appearance by Kerry J. Davidson on behalf of All Defendants
(Davidson, Kerry) (Entered: 06/20/2013)

06/20/2013

10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Ryan G. Baker,
:Firm− Baker Marquart LLP, :Address− 10990 Wilshire Boulevard, Suite 400,
Los Angeles, CA 90024. Phone No. − 424−642−7800. Fax No. − 424−642−7850
by FILMON X, LLC,, FILMON.COM, INC,, FILMON.TV NETWORKS, INC.,,
FILMON.TV, INC. (Attachments: # 1 Affidavit)(Davidson, Kerry) Modified on
8/20/2013 (rdj). (Entered: 06/20/2013)

06/20/2013

11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Jaime W.
Marquart, :Firm− Baker Marquart, :Address− 10990 Wilshire Boulevard, Suite

18

400, Los Angeles, CA 90024. Phone No. − 424−652−7800. Fax No. −
424−652−7850 by FILMON X, LLC,, FILMON.COM, INC,, FILMON.TV
NETWORKS, INC.,, FILMON.TV, INC. (Attachments: # 1 Affidavit)(Davidson,
Kerry) Modified on 8/20/2013 (rdj). (Entered: 06/20/2013)
06/21/2013

MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice;
granting 11 Motion for Leave to Appear Pro Hac Vice. Attorneys Ryan G. Baker
and Jaime W. Marquart may appear pro hac vice on behalf of Defendants. Signed
by Judge Rosemary M. Collyer on 6/21/13. (lcrmc2) (Entered: 06/21/2013)

06/27/2013

12

ANSWER to 5 Amended Complaint , COUNTERCLAIM against FILMON X,
LLC,, FILMON.TV NETWORKS, INC.,, FILMON.COM, INC,, FILMON.TV,
INC. by FILMON X, LLC,, FILMON.TV NETWORKS, INC.,, FILMON.COM,
INC,, FILMON.TV, INC.. Related document: 5 Amended Complaint filed by
CBS STUDIOS, CBS BROADCASTING, INC.,, GANNETT CO., INC..
(Attachments: # 1 Supplement Counterclaim)(Davidson, Kerry) Modified on
8/20/2013 (zrdj, ). (Entered: 06/27/2013)

06/27/2013

13

Amended COUNTERCLAIM against All Plaintiffs filed by FILMON X, LLC,,
FILMON.TV NETWORKS, INC.,, FILMON.COM, INC,, FILMON.TV,
INC..(Davidson, Kerry) Modified on 8/20/2013 (rdj). (Entered: 06/27/2013)

06/27/2013

14

Amended ANSWER to Complaint (First Amended Version) by FILMON X,
LLC,, FILMON.COM, INC,, FILMON.TV NETWORKS, INC.,, FILMON.TV,
INC..(Davidson, Kerry) Modified on 8/20/2013 (rdj). (Entered: 06/27/2013)

06/28/2013

15

NOTICE of Appearance by Paul March Smith on behalf of FOX
BROADCASTING COMPANY, INC., FOX TELEVISION STATIONS, INC.,
TWENTIETH CENTURY FOX FILM CORPORATION (Smith, Paul) (Entered:
06/28/2013)

07/11/2013

16

NOTICE of Appearance by Murad Hussain on behalf of ALLBRITTON
COMMUNICATIONS COMPANY, AMERICAN BROADCASTING
COMPANIES, INC., CBS BROADCASTING, INC.,, CBS STUDIOS, DISNEY
ENTERPRISES, INC., GANNETT CO., INC., NBC STUDIOS LLC, NBC
SUBSIDIARY (WRC−TV), LLC, OPEN 4 BUSINESS PRODUCTIONS LLC,
TELEMUNDO NETWORK GROUP LLC,, UNIVERSAL NETWORK
TELEVISION LLC (Hussain, Murad) (Entered: 07/11/2013)

07/11/2013

17

ERRATA (NOTICE) by ALLBRITTON COMMUNICATIONS COMPANY,
AMERICAN BROADCASTING COMPANIES, INC., CBS BROADCASTING,
INC.,, CBS STUDIOS, DISNEY ENTERPRISES, INC., GANNETT CO., INC.,
NBC STUDIOS LLC, NBC SUBSIDIARY (WRC−TV), LLC, OPEN 4
BUSINESS PRODUCTIONS LLC, TELEMUNDO NETWORK GROUP LLC,,
UNIVERSAL NETWORK TELEVISION LLC. (Attachments: # 1
Errata)(Hussain, Murad) (Entered: 07/11/2013)

07/11/2013

18

Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name− John
C. Ulin, :Firm− Arnold &Porter LLP, :Address− 777 South Figueroa Street, 44th
Floor, Los Angeles, CA 90017−5844. Phone No. − (213) 243−4000. Fax No. −
(213) 243−4199 by ALLBRITTON COMMUNICATIONS COMPANY,
AMERICAN BROADCASTING COMPANIES, INC., CBS BROADCASTING,
INC.,, CBS STUDIOS, DISNEY ENTERPRISES, INC., GANNETT CO., INC.,
NBC STUDIOS LLC, NBC SUBSIDIARY (WRC−TV), LLC, OPEN 4
BUSINESS PRODUCTIONS LLC, TELEMUNDO NETWORK GROUP LLC,,

19

UNIVERSAL NETWORK TELEVISION LLC (Attachments: # 1 Declaration, #
2 Text of Proposed Order)(Hussain, Murad) (Entered: 07/11/2013)
07/11/2013

19

07/12/2013

Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name− James
S. Blackburn, :Firm− Arnold &Porter LLP, :Address− 777 South Figueroa Street,
44th Floor, Los Angeles, CA 90017−5844. Phone No. − (213) 243−4000. Fax No.
− (213) 243−4199 by ALLBRITTON COMMUNICATIONS COMPANY,
AMERICAN BROADCASTING COMPANIES, INC., CBS BROADCASTING,
INC.,, CBS STUDIOS, DISNEY ENTERPRISES, INC., GANNETT CO., INC.,
NBC STUDIOS LLC, NBC SUBSIDIARY (WRC−TV), LLC, OPEN 4
BUSINESS PRODUCTIONS LLC, TELEMUNDO NETWORK GROUP LLC,,
UNIVERSAL NETWORK TELEVISION LLC (Attachments: # 1 Declaration, #
2 Text of Proposed Order)(Hussain, Murad) (Entered: 07/11/2013)
MINUTE ORDER granting 18 Motion for Leave to Appear Pro Hac Vice as to
attorney John C. Ulin; granting 19 Motion for Leave to Appear Pro Hac Vice as
to attorney James S. Blackburn. Signed by Judge Rosemary M. Collyer on
7/12/2013. (lcrmc2) (Entered: 07/12/2013)

07/15/2013

20

NOTICE of Appearance by Robert Alan Garrett on behalf of ALLBRITTON
COMMUNICATIONS COMPANY, AMERICAN BROADCASTING
COMPANIES, INC., CBS BROADCASTING, INC.,, CBS STUDIOS, DISNEY
ENTERPRISES, INC., GANNETT CO., INC., NBC STUDIOS LLC, NBC
SUBSIDIARY (WRC−TV), LLC, OPEN 4 BUSINESS PRODUCTIONS LLC,
TELEMUNDO NETWORK GROUP LLC,, UNIVERSAL NETWORK
TELEVISION LLC (Garrett, Robert) (Entered: 07/15/2013)

07/16/2013

21

MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Julie A. Shepard,
:Firm− Jenner &Block LLP, :Address− 633 W 5th Street, Suite 3600, Los
Angeles, CA 90071. Phone No. − 213−239−5100. Fax No. − 213−239−5199 by
FOX BROADCASTING COMPANY, INC., FOX TELEVISION STATIONS,
INC., TWENTIETH CENTURY FOX FILM CORPORATION (Attachments: # 1
Declaration of Julie A. Shepard, # 2 Text of Proposed Order)(Smith, Paul)
(Entered: 07/16/2013)

07/16/2013

22

MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Richard L. Stone,
:Firm− Jenner &Block LLP, :Address− 633 W 5th Street, Suite 3600, Los
Angeles, CA 90071. Phone No. − 213−239−5100. Fax No. − 213−239−5199 by
FOX BROADCASTING COMPANY, INC., FOX TELEVISION STATIONS,
INC., TWENTIETH CENTURY FOX FILM CORPORATION (Attachments: # 1
Declaration of Richard L. Stone, # 2 Text of Proposed Order)(Smith, Paul)
(Entered: 07/16/2013)

07/17/2013

MINUTE ORDER granting 21 Motion for Leave to Appear Pro Hac Vice;
granting 22 Motion for Leave to Appear Pro Hac Vice. Attorneys Julie A.
Shepard and Richard L. Stone are granted leave to appear pro hac vice in this
matter. Signed by Judge Rosemary M. Collyer on 7/17/2013. (lcrmc2) (Entered:
07/17/2013)

07/17/2013

23

ORDER setting Initial Scheduling Conference for September 3, 2013, at 9:45
a.m. The parties are directed to meet and confer as outlined herein. Signed by
Judge Rosemary M. Collyer on 7/17/2013. (lcrmc2) (Entered: 07/17/2013)

07/18/2013

24

ANSWER to 13 COUNTERCLAIM by FOX BROADCASTING COMPANY,
INC., FOX TELEVISION STATIONS, INC., TWENTIETH CENTURY FOX

20

FILM CORPORATION. Related document: 13 COUNTERCLAIM filed by
FILMON.COM, INC,, FILMON.TV NETWORKS, INC.,, FILMON.TV, INC.,
FILMON X, LLC,.(Smith, Paul) Modified on 8/20/2013 (rdj). (Entered:
07/18/2013)
07/18/2013

25

ANSWER to 13 COUNTERCLAIM by ALLBRITTON COMMUNICATIONS
COMPANY, AMERICAN BROADCASTING COMPANIES, INC., CBS
BROADCASTING, INC.,, CBS STUDIOS, DISNEY ENTERPRISES, INC.,
GANNETT CO., INC., NBC STUDIOS LLC, NBC SUBSIDIARY (WRC−TV),
LLC, OPEN 4 BUSINESS PRODUCTIONS LLC, TELEMUNDO NETWORK
GROUP LLC,, UNIVERSAL NETWORK TELEVISION LLC. Related
document: 13 COUNTERCLAIM filed by FILMON.COM, INC,, FILMON.TV
NETWORKS, INC.,, FILMON.TV, INC., FILMON X, LLC,.(Garrett, Robert)
Modified on 8/20/2013 (zrdj, ). (Entered: 07/18/2013)

08/01/2013

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) (Entered: 08/01/2013)

08/01/2013

27

Joint MOTION for Preliminary Injunction 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 Memorandum in Support, # 2 Appendix, # 3 Declaration of
Julie Shepard, # 4 Declaration of Sherry Brennan, # 5 Declaration of Samuel
Bahun Part 1 of 5, # 6 Declaration of Samuel Bahun Part 2 of 5, # 7 Declaration
of Samuel Bahun Part 3 of 5, # 8 Declaration of Samuel Bahun Part 4 of 5, # 9
Declaration of Samuel Bahun Part 5 of 5, # 10 Declaration of Barbara Wall, # 11
Declaration of Carly Seabrook, # 12 Declaration of Daniel Kummer, # 13
Declaration of Marsha Reed, # 14 Declaration of Rebecca Borden, # 15
Declaration of William Lord, # 16 Text of Proposed Order)(Smith, Paul). Added
MOTION for Hearing on 8/2/2013 (rdj). (Entered: 08/01/2013)

08/02/2013

MINUTE ORDER. In light of the recently filed 27 Plaintiffs' Motion for
Preliminary Injunction, the parties are directed to the Court's standing order for
civil cases, available at
http://www.dcd.uscourts.gov/dcd/sites/dcd/files/rmc−civil−ECF−registration.pdf,
particularly the provisions regarding courtesy copies of lengthy filings. Signed by
Judge Rosemary M. Collyer on 8/2/2013. (lcrmc2) (Entered: 08/02/2013)

08/06/2013

MINUTE ORDER. A hearing on 27 the Motion for Preliminary Injunction shall
be held on September 20, 2013, at 2:00 p.m. The Initial Scheduling Conference
presently scheduled for September 3, 2013, is hereby VACATED; scheduling

21

matters will be addressed as necessary at the September 20, 2013 hearing.
Defendants shall file a response to the Motion for Preliminary Injunction no later
than August 15, 2013. Plaintiffs shall file their reply no later than August 23,
2013. Signed by Judge Rosemary M. Collyer on 8/6/2013.(lcrmc2) (Entered:
08/06/2013)
08/06/2013

08/13/2013

Set/Reset Deadlines/Hearings: Response to 27 due by 8/15/2013. Reply due by
8/23/2013. Evidentiary Hearing re 27 set for 9/20/2013 at 2:00 PM in Courtroom
8 before Judge Rosemary M. Collyer. (cdw) (Entered: 08/08/2013)
28

08/13/2013

08/14/2013

MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Amy M. Gallegos,
:Firm− Jenner &Block LLP, :Address− 633 W 5th Street, Suite 3600, Los
Angeles, CA 90071. Phone No. − 213−239−5100. Fax No. − 213−239−5199 by
FOX BROADCASTING COMPANY, INC., FOX TELEVISION STATIONS,
INC., TWENTIETH CENTURY FOX FILM CORPORATION (Attachments: # 1
Declaration of Amy Gallegos, # 2 Text of Proposed Order)(Smith, Paul) (Entered:
08/13/2013)
MINUTE ORDER granting 28 Motion for Leave to Appear Pro Hac Vice.
Attorney Amy M. Gallegos may appear pro hac vice for the Fox plaintiffs. Signed
by Judge Rosemary M. Collyer on 8/13/2013. (lcrmc2) (Entered: 08/13/2013)

29

08/15/2013

NOTICE of Defendant FILMON X, LLC Name Change by FILMON X, LLC,,
FILMON.COM, INC,, FILMON.TV NETWORKS, INC.,, FILMON.TV, INC.
(Baker, Ryan) Modified on 8/20/2013 (rdj). (Entered: 08/14/2013)
jf, ) (Entered: 08/15/2013)

08/15/2013

30

MOTION for name change by FILMON X, LLC,, FILMON.COM, INC,,
FILMON.TV NETWORKS, INC.,, FILMON.TV, INC. (Baker, Ryan) Modified
on 8/20/2013 (rdj). (Entered: 08/15/2013)

08/15/2013

31

Memorandum in opposition to re 27 Joint MOTION for Preliminary Injunction
MOTION for Hearing filed by FILMON X, LLC,, FILMON.COM, INC,,
FILMON.TV NETWORKS, INC.,, FILMON.TV, INC.. (Attachments: # 1
Declaration of Alkiviades David, # 2 Declaration of Mykola Kutovyy, # 3
Evidentiary Objections, # 4 Request for Judicial Notice, # 5 Certificate of
Service)(Baker, Ryan) Modified on 8/20/2013 (rdj). (Entered: 08/15/2013)

08/19/2013

08/23/2013

MINUTE ORDER granting 30 Motion to Amend Caption.
Defendant/counter−plaintiff Aereokiller LLC has amended its certificate of
formation to change its name to FilmOn X, LLC. The Deputy Clerk shall correct
the case caption to replace every instance of "Aereokiller LLC" with "FilmOn X,
LLC." Signed by Judge Rosemary M. Collyer on 8/19/2013. (lcrmc2) (Entered:
08/19/2013)
32

REPLY to opposition to motion re 27 Joint MOTION for Preliminary Injunction
MOTION for Hearing filed 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:

22

# 1 Response to Evidentiary Objections, # 2 Objections to Request for Judicial
Notice)(Smith, Paul) (Entered: 08/23/2013)
09/05/2013

33

MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on
9/5/2013. (lcrmc2) (Entered: 09/05/2013)

09/05/2013

34

PRELIMINARY INJUNCTION. 27 Plaintiffs' Motion for Preliminary Injunction
is granted. The hearing scheduled for September 20, 2013, is converted to a status
conference. This preliminary injunction is effective immediately upon posting of
$250,000 bond. See preliminary injunction for details Signed by Judge Rosemary
M. Collyer on 9/5/2013.(lcrmc2) (Entered: 09/05/2013)

09/09/2013

35

Injunction BOND filed with the Clerk of the Court on September 9, 2013
pursuant to 34 in the amount of $ 250,000 posted 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
(rdj) (Entered: 09/09/2013)

09/11/2013

36

Emergency MOTION to Stay Preliminary Injunction by AEREOKILLER LLC,,
FILMON X, LLC, FILMON.COM, INC,, FILMON.TV NETWORKS, INC.,,
FILMON.TV, INC. (Attachments: # 1 Declaration, # 2 Declaration, # 3
Declaration, # 4 Text of Proposed Order)(Baker, Ryan) (Entered: 09/11/2013)

09/11/2013

37

Emergency MOTION for Reconsideration re 33 Memorandum &Opinion, 34
Preliminary Injunction, by AEREOKILLER LLC,, FILMON X, LLC,
FILMON.COM, INC,, FILMON.TV NETWORKS, INC.,, FILMON.TV, INC.
(Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Text of
Proposed Order)(Baker, Ryan) (Entered: 09/11/2013)

09/11/2013

38

Emergency MOTION Judicial Notice re 37 Emergency MOTION for
Reconsideration re 33 Memorandum &Opinion, 34 Preliminary Injunction, , 36
Emergency MOTION to Stay Preliminary Injunction by AEREOKILLER LLC,,
FILMON X, LLC, FILMON.COM, INC,, FILMON.TV NETWORKS, INC.,,
FILMON.TV, INC. (Attachments: # 1 Text of Proposed Order)(Baker, Ryan)
(Entered: 09/11/2013)

09/11/2013

MINUTE ORDER. Plaintiffs shall respond to 36 , 37 , and 38 FilmOn X's
emergency motions no later than 9:00 a.m. Eastern time on September 12, 2013.
Plaintiffs may respond in an omnibus filing or by seriatim responses. Signed by
Judge Rosemary M. Collyer on 9/11/2013. (lcrmc2) (Entered: 09/11/2013)

09/11/2013

Set/Reset Deadlines/Hearings: Responses to 36 , 37 , and 38 due by 9/12/2013.
(cdw) (Entered: 09/11/2013)

09/12/2013

39

Memorandum in opposition to re 36 Emergency MOTION to Stay Preliminary
Injunction, 38 Emergency MOTION Judicial Notice re 37 Emergency MOTION
for Reconsideration re 33 Memorandum &Opinion, 34 Preliminary Injunction, ,
36 Emergency MOTION to Stay Preliminary Injunction filed by ALLBRITTON
COMMUNICATIONS COMPANY, AMERICAN BROADCASTING
COMPANIES, INC., CBS BROADCASTING, INC.,, CBS STUDIOS, DISNEY

23

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 Declaration of Julie A. Shepard, # 2 Objections to Defendants'
Supplemental Evidence, # 3 Objections to Defendants' Request for Judicial
Notice, # 4 Text of Proposed Order)(Smith, Paul) (Entered: 09/12/2013)
09/12/2013

40

09/12/2013

41

30 MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on
9/12/2013. (lcrmc2) (Entered: 09/12/2013)

09/12/2013

42

40 ORDER denying 36 Motion to Stay; denying 37 Motion for Reconsideration.
Signed by Judge Rosemary M. Collyer on 9/12/2013. (lcrmc2) (Entered:
09/12/2013)

09/12/2013

43

RESPONSE TO ORDER OF THE COURT re 42 Order on Motion to Stay, Order
on Motion for Reconsideration Declaration re Compliance filed by
AEREOKILLER LLC,, FILMON X, LLC, FILMON.COM, INC,, FILMON.TV
NETWORKS, INC.,, FILMON.TV, INC.. (Baker, Ryan) (Entered: 09/13/2013)

09/13/2013

44

MEET AND CONFER STATEMENT. (Shepard, Julie) (Entered: 09/13/2013)

09/16/2013

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) (Entered: 09/16/2013)

09/16/2013

Memorandum in opposition to re 37 Emergency MOTION for Reconsideration re
33 Memorandum &Opinion, 34 Preliminary Injunction, , 38 Emergency
MOTION Judicial Notice re 37 Emergency MOTION for Reconsideration re 33
Memorandum &Opinion, 34 Preliminary Injunction, , 36 Emergency MOTION to
Stay Preliminary Injunction filed 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 Objections to Defendants' Supplemental Evidence, # 2 Objections to
Defendants' Request for Judicial Notice, # 3 Text of Proposed Order)(Smith,
Paul) (Entered: 09/12/2013)

MINUTE ORDER. The parties' 45 Stipulation Regarding a Stay, which the Court
construes as a joint motion to stay the case, is granted in part and denied without
prejudice in part. The parties request that the case be stayed pending resolution of
an appeal of 34 the Preliminary Injunction, but no appeal has been filed. The joint
motion to stay is granted to the extent that the status conference scheduled for
September 20, 2013, is vacated so that Defendants may evaluate the possibility of
filing an appeal. The motion is denied without prejudice in all other respects. If a
timely appeal is filed, the Court will consider an additional joint motion to stay. If
no timely appeal is filed, a status conference will be scheduled. Signed by Judge
Rosemary M. Collyer on 9/16/2013. (lcrmc2) (Entered: 09/16/2013)

24

09/16/2013

46

26 NOTICE OF APPEAL TO DC CIRCUIT COURT as to 42 Order on Motion to
Stay, Order on Motion for Reconsideration by FILMON X, LLC,
FILMON.COM, INC,, FILMON.TV, INC., FILMON.TV NETWORKS, INC.,.
Filing fee $ 455, receipt number 0090−3468883. Fee Status: Fee Paid. Parties
have been notified. (Baker, Ryan) (Entered: 09/16/2013)

09/16/2013

47

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 34 Preliminary
Injunction, by FILMON X, LLC, FILMON.COM, INC,, FILMON.TV, INC.,
FILMON.TV NETWORKS, INC.,. Filing fee $ 455, receipt number
0090−3468890. Fee Status: Fee Paid. Parties have been notified. (Baker, Ryan)
(Entered: 09/16/2013)

25

Case 1:13-cv-00758-RMC Document 46 Filed 09/16/13 Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA
_______________________________________
FOX TELEVISION STATIONS, INC., et al.
Plaintiffs/Counter-Defendants,

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

v.
FILMON X LLC, et al.
Defendants/Counter-Plaintiffs.
_______________________________________
DEFENDANTS’ JOINT NOTICE OF APPEAL FROM ORDER DENYING
DEFENDANTS’ MOTION FOR RECONSIDERATION;
REPRESENTATION STATEMENT
Notice of Appeal
Notice is hereby given that Defendants in the above-captioned matter,
FilmOn X LLC, FilmOn.tv Networks, Inc., FilmOn.tv, Inc., and FilmOn.com Inc.
(collectively, “Defendants”), hereby appeal to the United States Court of Appeals
for the District of Columbia from the Court’s September 12, 2013 Order Denying
Defendants’ Motion for Reconsideration (Dkt. No. 42) and related Memorandum
of Opinion (Dkt. No. 41).
//
//
//
//
//
//
//

26

Case 1:13-cv-00758-RMC Document 46 Filed 09/16/13 Page 2 of 4

September 16, 2013

Respectfully submitted,
By: /s/ Ryan G. Baker
Ryan G. Baker (admitted pro hac vice)
BAKER MARQUART LLP
10990 Wilshire Blvd., Fourth Floor
Los Angeles, California 90024
[phone] (telephone)
[phone] (facsimile)
California Bar No. 214036
/s/ Kerry J. Davidson
LAW OFFICE OF KERRY J.
DAVIDSON
1738 Elton Road, Suite 113
Silver Spring, Maryland 20903
[phone] (telephone)
[phone](facsimile)
Bar No.: 456431
Attorneys for Defendants and
Counterclaim Plaintiffs FilmOn X, LLC,
FilmOn.TV, Inc., FilmOn.TV Networks,
Inc., and FilmOn.com, Inc.

1
27

Case 1:13-cv-00758-RMC Document 46 Filed 09/16/13 Page 3 of 4

Representation Statement
Pursuant to Federal Rule of Appellate Procedure 12(b), the names, addresses
and telephone numbers of the parties and their respective counsel are as follows:
1.

Appellants FilmOn X LLC, FilmOn.TV Networks, Inc.,
FilmOn.TV, Inc., and FilmOn.com, Inc.
Ryan Baker (admitted pro hac vice)
[e-mail]
BAKER MARQUART LLP
10990 Wilshire Blvd., Fourth Floor
Los Angeles, California 90024
Telephone: [phone]
Facsimile: [phone]
Kerry J. Davidson (D.C. Bar No. 456431)
LAW OFFICE OF KERRY J. DAVIDSON
1738 Elton Road, Suite 113
Silver Spring, Maryland 20903
[phone] (telephone)
[phone](facsimile)

2.

Appellees Fox Television Stations, Inc., Twentieth Century Fox
Film Corporation and Fox Broadcasting Company
Paul Smith (D.C. Bar No. 358870)
[e-mail]
JENNER & BLOCK LLP
1099 New York Avenue, NW, Suite 900
Washington, DC 20001
Telephone: [phone]
Facsimile: [phone]
Julie A. Shepard (admitted pro hac)
[e-mail]
Richard L. Stone (admitted pro hac)
[e-mail]
JENNER & BLOCK
633 West 5th Street, Suite 3600
Los Angeles, CA 90071
Telephone: [phone]
2
28

Case 1:13-cv-00758-RMC Document 46 Filed 09/16/13 Page 4 of 4

Facsimile: [phone]
3.

Appellees 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.
Robert Alan Garrett (D.C. Bar No. 239681)
Hadrian R. Katz (D.C. Bar No. 931162)
ARNOLD & PORTER LLP
555 12th St., NW
Washington, DC 20004
Telephone: [phone]
Facsimile: [phone]
James S. Blackburn (admitted pro hac)
[e-mail]
John C. Ulin (admitted pro hac)
[e-mail]
ARNOLD & PORTER LLP
777 South Figueroa Street, 44th Floor
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: (213) 243- 4199

3
29

Case 1:13-cv-00758-RMC Document 41 Filed 09/12/13 Page 1 of 10

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________
)
FOX TELEVISION STATIONS, INC., )
et al.,
)
)
Plaintiffs,
)
)
v.
)
Civil Action No. 13-758 (RMC)
)
FILMON X LLC, et al.,
)
)
Defendants.
)
_________________________________
)
MEMORANDUM OPINION
Plaintiffs, a group that includes over-the-air television broadcasters and
programmers, sued Defendants, entities that operate an online service called FilmOn X, for
violating their public performance rights for copyrighted television programs. On September 5,
2013, the Court granted Plaintiffs’ motion for a preliminary injunction, concluding that Plaintiffs
are likely to succeed on their copyright infringement claim and that all the preliminary injunction
factors favor Plaintiffs. See Op. [Dkt. 33], Prelim. Inj. [Dkt. 34]. The Preliminary Injunction
provided that it would become effective immediately upon the posting of a $250,000 bond,
Prelim. Inj. ¶ 5, and that FilmOn X must certify compliance, under oath, “[w]ithin three court
days of the effective date of [the] Preliminary Injunction,” id. ¶ 6. For the reasons stated in the
Opinion, the Court found that 17 U.S.C. § 502(b) required the Preliminary Injunction to have
nationwide effect, but the Court omitted the geographic area of the Second Circuit from the
coverage of the Injunction to avoid conflict with that court’s decision in WNET, Thirteen v.
Aereo, Inc. (Aereo II), 712 F.3d 676 (2d Cir. 2013). Plaintiffs posted the required bond on
September 9, 2013, meaning that FilmOn X must certify compliance with the Preliminary
Injunction no later than today, September 12, 2013.
1
30

Case 1:13-cv-00758-RMC Document 41 Filed 09/12/13 Page 2 of 10

On September 11, FilmOn X filed two emergency motions: an Emergency Motion
to Stay the Injunction Pending Appeal and/or to Modify the Injunction, Dkt. 36; and an
Emergency Motion for Reconsideration of the Geographic Scope of the Preliminary Injunction
and Bond Amount, Dkt. 37. Plaintiffs oppose FilmOn X’s motions. See Opp. Mot. Stay [Dkt.
39]; Opp. Mot. Recons. [Dkt. 40].
FilmOn X seeks the following relief: 1
•

A stay of the Preliminary Injunction, in its entirety, pending FilmOn X’s appeal to the
D.C. Circuit. Mem. Supp. Mot. Stay at 3–11.

•

A stay of the Preliminary Injunction in all circuits except for the D.C. Circuit. Id. at 11
n.6.

•

Modification of the Preliminary Injunction so that it covers only the D.C. Circuit. Id. at
11–13; Mem. Supp. Mot. Recons. at 3–8.

•

An increase in the bond amount to $250,000 for each circuit in which FilmOn X is
enjoined—i.e., $2,750,000 for eleven circuits—or an otherwise substantial increase.
Mem. Supp. Mot. Recons. at 8–9.

1

FilmOn X asks the Court to take judicial notice of two categories of evidence: (1) a set of press
releases “to show that . . . Aereo, Inc., is currently providing or has plans to provide in the near
future[ ] substantially similar services to those this Court as [sic] now enjoined FilmOn X from
providing;” (2) the docket of Hearst Stations, Inc. v. Aereo, Inc., Civ. No. 13-cv-11649-NMG
(D. Mass. filed July 9, 2013), “to show that there is a substantially similar pending case in the
First Circuit and that there is a hearing on the plaintiff’s motion for preliminary injunction . . . set
for September 18, 2013” and to show that the plaintiffs in Hearst have filed a Notice of
Supplemental Authorities referencing this Court’s Preliminary Injunction. Req. Judicial Notice
[Dkt. 38] at 1–3. Plaintiffs oppose the motion. See Pls. Objs. Req. Judicial Notice [Dkt. 39-3] at
1–5. As the Court stated in its Opinion, FilmOn X’s request is proper only to the extent that the
Court takes judicial notice of the fact that documents have been filed and a hearing scheduled in
Hearst; the request is denied in all other respects. See Fed. R. Evid. 201; Liberty Mut. Ins. Co. v.
Rotches Pork Packers, Inc., 969 F.2d 1384, 1388–89 (2d Cir. 1992).
2
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The Court addresses FilmOn X’s arguments in two groups: (1) its request for a
stay and (2) its request for reconsideration. As discussed below, the Court concludes that the
public benefit is not harmed by issuance of the Preliminary Injunction. While the Injunction
remains in place, FilmOn X’s innovative technology can be used by the public, via computer or
mobile device, to access material that is properly licensed from copyright holders. The conduct
prohibited by the Preliminary Injunction is uncompensated infringement of those holders’
exclusive right to public performance of their works, and the public interest is not harmed by
requiring FilmOn X to cease infringement. FilmOn X’s emergency motions will be denied in all
respects.
I. STAY
A. Legal Standard
Federal Rule of Civil Procedure 62(c) authorizes courts to stay an injunction
pending appeal. To determine whether to grant the stay, the Court must weigh the same four
factors it considers when determining whether to grant an injunction: “(1) the likelihood that the
party seeking the stay will prevail on the merits of the appeal; (2) the likelihood that the moving
party will be irreparably harmed absent a stay; (3) the prospect that others will be harmed if the
court grants the stay; and (4) the public interest in granting the stay.” Cuomo v. NRC, 772 F.2d
972, 974 (D.C. Cir. 1985) (citing WMATA v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C. Cir.
1977)).
B. Analysis
Because the factors bearing on a stay pending appeal are the same factors the
Court evaluated in granting Plaintiffs’ motion for a preliminary injunction, the parties’
arguments are mostly the same as those set forth in the Court’s Opinion. FilmOn X’s argument
that the injunction should be stayed pending appeal derives from its basic legal position in this
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case: that “FilmOn X’s system merely enables consumers to personally make and privately view
performances from individual copies, at the consumer’s convenience,” and thus FilmOn X does
not infringe Plaintiffs’ public performance rights in their copyrighted material. Mem. Supp.
Mot. Stay at 5. Because the conflict between (1) the Second Circuit’s Aereo II decision and (2)
BarryDriller 2 and this Court’s ruling presents important legal questions that need resolution,
FilmOn X asserts that this Court should stay the Preliminary Injunction pending appellate
review. Moreover, FilmOn X asserts that it will suffer “grave irreparable harm” if the Injunction
is not stayed because “[t]he preliminary injunction does not apply to Aereo or other companies
who provide similar remote DVR-like capabilities to consumers,” allowing those companies to
seize market share at FilmOn X’s expense. Id. at 7–8. Finally, according to FilmOn X, “there is
a strong public demand for the technological services offered by FilmOn X,” so the public
interest will be served by a stay. Id. at 10–11.
Plaintiffs respond that “[t]he mere existence of two non-controlling, widelycriticized cases supporting FilmOnX [Cablevision and Aereo II] does not create a strong
likelihood that the D.C. Circuit will reverse the injunction.” Opp. Mot. Stay at 4. Plaintiffs also
assert that the Court should reject FilmOn X’s claim that it will suffer harm based on Aereo not
being enjoined, emphasizing that “FilmOnX’s argument boils down to the plea that it should be
allowed to continue to infringe because there is another infringing service in operation (Aereo)
with which FilmOnX competes.” Id. at 5.
FilmOn X’s arguments are not persuasive. The Court weighed the relevant
factors—likelihood of success on the merits, possibility of irreparable harm, balance of the harm,
and the public interest—in its Opinion and concluded that all four considerations favor Plaintiffs.
2

Fox Television Systems, Inc. v. BarryDriller Content Systems, PLC, 915 F. Supp. 2d 1138 (C.D.
Cal. 2012).
4
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See Op. at 21–33. That conclusion remains in equal force now. Most importantly, Plaintiffs are
likely to succeed on the merits of their claim because the Copyright Act and, in particular, the
Transmit Clause are clear: “FilmOn X transmits (i.e., communicates from mini-antenna through
servers over the Internet to a user) the performance (i.e., an original over-the-air broadcast of a
work copyrighted by one of the Plaintiffs) to members of the public (i.e., any person who
accesses the FilmOn X service through its website or application) who receive the performance
in separate places and at different times (i.e., at home at their computers or on their mobile
devices).” Op. at 25. In reaching its conclusion, this Court joined BarryDriller in respectfully
disagreeing with the Aereo II court’s reading of the Transmit Clause as myopically focused on
the nature of the transmission, not whether the work was publicly performed. The only change
FilmOn X has identified is that Aereo, its competitor, is not enjoined. But this argument is
backwards: FilmOn X claims that the Preliminary Injunction has created irreparable harm
because FilmOn X will not be able to keep pace with a similar service that also appears to
infringe Plaintiffs’ copyrights. FilmOn X, not Aereo, is the defendant in this case; the Court has
already concluded that, at least at the preliminary injunction stage, the balance of irreparable
harms and the public interest favor an injunction.
FilmOn X has not shown “either a high probability of success and some injury, or
vice versa,” as would support a stay of the Preliminary Injunction—in its entirety or even with
respect to areas outside the D.C. Circuit—pending appeal. Cuomo, 772 F.2d at 974. FilmOn X’s
motion to stay will be denied.
II. RECONSIDERATION
A. Legal Standard
Viewing the preliminary injunction as an interlocutory ruling, FilmOn X argues
that the Rule 54(b) “as justice requires” standard applies to its motion for reconsideration. Mem.
5
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Supp. Mot. Recons. at 2–3 (citing, inter alia, Cobell v. Norton, 355 F. Supp. 2d 531, 539 (D.D.C.
2005)). Rule 54(b) applies to “any order or other decision, however designated, that adjudicates
fewer than all the claims or the rights and liabilities of fewer than all the parties.” Plaintiffs
respond that the heightened standard of Rule 59(e) for reconsideration of final judgments—not
the “as justice requires” standard of Rule 54(b)—applies to preliminary injunctive orders that can
be appealed under 28 U.S.C. § 1292(a)(1). See Opp. Mot. Recons. at 2–3.
The question is slightly more complex than either party recognizes. In
determining whether to treat a motion for reconsideration of a preliminary injunction as a motion
to modify the injunction pursuant to Rule 62(c) or as a motion for reconsideration pursuant to
Rule 59(e), courts “look beyond the motion’s caption to its substance” and “compare the
circumstances existing on . . . the date of entry of the order granting the preliminary injunction,
with the circumstances existing when the motion to modify was made.” Favia v. Ind. Univ. of
Pa., 7 F.3d 332, 337 (3d Cir. 1993). 3 “Modification of an injunction [and treatment under Rule
62(c)] is proper only when there has been a change of circumstances between entry of the
injunction and the filing of the motion that would render the continuance of the injunction in its
original form inequitable.” Id.; see also Credit Suisse First Boston Corp. v. Grunwald, 400 F.3d
1119, 1124 (9th Cir. 2005) (“[O]ur task is to determine whether the substance of [the] motion

3

The D.C. Circuit does not appear to have adopted this test, but other circuits have done so in
resolving whether a motion to reconsider a preliminary injunction is timely. Even assuming
arguendo that the Rule 54(b) standard applies, the Court finds that justice does not require
reconsideration of the Preliminary Injunction because the Court has not “patently misunderstood
a party,[ ] made a decision outside the adversarial issues presented to the Court by the parties,
[or] made an error not of reasoning, but of apprehension,” and there has been no “controlling or
significant change in the law or facts . . . since the submission of the issue to the Court.” Ficken
v. Golden, 696 F. Supp. 2d 21, 35 (D.D.C. 2010) (quoting Cobell v. Norton, 224 F.R.D. 266, 272
(D.D.C. 2004)).
6
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was based on changed circumstances.”). When there are no such changed circumstances, the
Rule 59(e) reconsideration standard applies.
The Court finds that FilmOn X has not identified any change in circumstances
from the entry of the Preliminary Injunction just seven days ago. Accordingly, the Court applies
the Rule 59(e) reconsideration standard. See GSS Group Ltd. v. Nat’l Port Auth., 680 F.3d 805,
812 (D.C. Cir. 2012) (quoting District of Columbia v. Doe, 611 F.3d 888, 896 (D.C. Cir. 2010)).
“A Rule 59(e) motion is discretionary and need not be granted unless the district court finds that
there is an intervening change of controlling law, the availability of new evidence, or the need to
correct a clear error or prevent manifest injustice.” Fox v. Am. Airlines Inc., 389 F.3d 1291,
1296 (D.C. Cir. 2004) (quoting Firestone v. Firestone, 76 F.3d 1205, 1208 (D.C. Cir. 1996)). A
Rule 59(e) motion is not “simply an opportunity to reargue facts and theories upon which a court
has already ruled.” New York v. United States, 880 F. Supp. 37, 38 (D.D.C. 1995). Nor is it an
avenue for a “losing party . . . to raise new issues that could have been raised previously.”
Kattan v. District of Columbia, 995 F.2d 274, 276 (D.C. Cir. 1993); see also Oceana, Inc. v.
Evans, 389 F. Supp. 2d 4, 8 (D.D.C. 2005) (“Rule 59 was not intended to allow a second bite at
the apple.”).
B. FilmOn X’s Contention of “Factual Errors”
The Court first addresses FilmOn X’s assertion that the Court has “several
material misunderstandings regarding Defendants [sic] technology, which greatly impacted the
Court’s Opinion.” Mem. Supp. Mot. Recons. at 5. In seeking reconsideration, FilmOn X
explains its technological process anew, arguing that “[w]hile it is true Defendants’ technology
relies on such devices as servers and encoders to facilitate the process when a user requests an
antenna and content,” there is no copyright violation because “Defendants’ service is based

7
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entirely on a ‘one-to-one relationship’ between a unique copy of a copyrighted work and an
individual FilmOn X user.” Id. at 6–7 (citation omitted).
This argument misses the mark. The technological explanation set forth in the
Motion for Reconsideration is completely consistent with the Court’s understanding of how
FilmOn X operates as set forth in its Opinion. See Op. at 5–8. FilmOn X’s claims of
“confusion” and “factual errors,” Mem. Supp. Mot. Recons. at 8, are nothing more than
transparent collateral assaults on the Court’s legal conclusion that “the artifice of one-to-one is
baldly wrong.” Op. at 28 n.12. The Opinion addressed and rejected all such legal arguments.
Accordingly, there is no clear error or new evidence to justify reconsideration.
C. Scope of Injunction
As to the scope of the injunction, FilmOn X argues that “Defendants, and the
other circuits, should not be denied the ability to consider [the] merits and decide themselves
which law is more in line with that circuit.” Mem. Supp. Mot. Recons. at 4; Mem. Supp. Mot.
Stay at 11–12 (“[T]he other varying circuits should have the opportunity to decide for themselves
whether [FilmOn X’s service] is legal or not.”). Moreover, FilmOn X complains that its
competitor Aereo “is already in large markets throughout the United States and has clear plans to
expand in many others” but is not enjoined, allowing Aereo to capture market share and profits
while FilmOn X is enjoined. Mem. Supp. Mot. Recons. at 4–5.
The arguments advanced by FilmOn X fail in two respects: they neither undo the
clarity of the Copyright Act, as explained in the Court’s Opinion at pages 21 through 29, nor do
they confront the lucidity of 17 U.S.C. § 502, which requires any injunction that “prevent[s] or
restrain[s] infringement of a copyright” to “be operative throughout the United States.” More
fundamentally, at this stage, FilmOn X has offered no “intervening change of controlling law,
the availability of new evidence, or the need to correct a clear error or prevent manifest
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injustice,” and thus there is no reason for the Court to reconsider its Preliminary Injunction. See
Fox, 389 F.3d at 1296. If other courts issue contrary rulings, FilmOn X may file a motion to
modify this Court’s injunction.
D. Bond Amount
FilmOn X’s argument as to the bond amount is that the BarryDriller court found
$250,000 appropriate for an injunction covering the Ninth Circuit, so this Court should require
that amount for each judicial circuit covered by this Court’s Order or otherwise impose a
“substantially larger bond amount.” Mem. Supp. Mot. Recons. at 8–9.
“The language [in Rule 65(c)] ‘in such sum as the court deems proper’ has been
read to vest broad discretion in the district court to determine the appropriate amount of an
injunction bond.” DSE, Inc. v. United States, 169 F.3d 21, 33 (D.C. Cir. 1999) (citation
omitted). For the reasons stated in the Opinion, see Op. at 34–35, $250,000 is “sufficient to
protect [FilmOn X] from loss in the event that future proceedings prove that the injunction issued
wrongfully.” Monzillo v. Biller, 735 F.2d 1456, 1461 (D.C. Cir. 1984) (quoting Edgar v. Mite
Corp., 457 U.S. 624, 649 (1982) (Stevens, J., concurring)). FilmOn X has offered nothing
beyond the mere say-so of counsel that $250,000 would not be sufficient to cover its potential
losses, and Plaintiffs have more than sufficient resources in the unlikely event that the injunction
was erroneously issued and FilmOn X incurs more than $250,000 in losses.
III. CONCLUSION
For the reasons stated above, FilmOn X’s Emergency Motion to Stay the
Injunction Pending Appeal and/or to Modify the Injunction, Dkt. 36 and Emergency Motion for
Reconsideration of the Geographic Scope of the Preliminary Injunction and Bond Amount, Dkt.
37, will be denied.

9
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A memorializing Order accompanies this Memorandum Opinion.
Date: September 12, 2013
/s/
ROSEMARY M. COLLYER
United States District Judge

10
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Case 1:13-cv-00758-RMC Document 42 Filed 09/12/13 Page 1 of 1

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________
)
FOX TELEVISION STATIONS, INC., )
et al.,
)
)
Plaintiffs,
)
)
v.
)
Civil Action No. 13-758 (RMC)
)
FILMON X LLC, et al.,
)
)
Defendants.
)
_________________________________
)
ORDER
For the reasons set forth in the Opinion issued contemporaneously herewith, it is
hereby
ORDERED that FilmOn X’s Emergency Motion to Stay the Injunction Pending
Appeal and/or to Modify the Injunction, Dkt. 36, and Emergency Motion for Reconsideration of
the Geographic Scope of the Preliminary Injunction and Bond Amount, Dkt. 37, are DENIED.

Date: September 12, 2013
/s/
ROSEMARY M. COLLYER
United States District Judge

40