FOX TELEVISION STATIONS, INC., et al v. AEREOKILLER LLC, et al
Filing
50
Joint MOTION to Stay THE LITIGATION PENDING APPEAL by FILMON X, LLC, FILMON.COM, INC,, FILMON.TV NETWORKS, INC.,, FILMON.TV, INC. (Attachments: # 1 Proposed Order)(Baker, Ryan)
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.
JOINT MOTION TO STAY THE LITIGATION PENDING APPEAL
The parties jointly move the Court for an order to stay all proceedings in this matter
pending resolution of the appeals filed on September 16, 2013. A stay is requested for the
reasons set forth below.1
This is a copyright infringement case. On September 5, 2013, this Court issued a
Memorandum and Opinion in which it granted Plaintiffs’2 motion for a preliminary injunction,
and issued a Preliminary Injunction (the “Order”). (Dkt. 33 & 34.) It subsequently denied
1
This Court previously vacated a status conference that had been scheduled for September 20,
2013 and stated that it “will consider an additional joint motion to stay” the litigation in the event
of a timely appeal. (September 16, 2013 Minute Order.)
2
The Plaintiffs are 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”).
1
Defendants’3 motion for reconsideration. (Dkt. 42.) On September 16, 2013, Defendants
appealed those orders to the United States Court of Appeals for the District of Columbia Circuit.
(Dkt. 46, 47.)
In light of the pending appeals, the parties met and conferred regarding a stay. The
parties agree that staying the litigation pending the District of Columbia Circuit’s decision on
Defendants’ appeal would promote judicial efficiency and economy and would be in the best
interests of the parties and the Court. Additionally, 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. The parties will file a report on the status of the appeal in six months (or later) so
that this Court may evaluate when to set a new date for a status conference.
Therefore, the parties respectfully request that the case be stayed until the District of
Columbia Circuit has issued a decision on Defendants’ appeal of this Court’s order. A proposed
order is submitted concurrently herewith consistent with the agreements reached by the parties.
3
Defendants are FilmOn X, LLC (f/k/a Aereokiller, LLC), FilmOn.TV Networks, Inc.,
FilmOn.TV, Inc., and FilmOn.com, Inc. (collectively “Defendants”).
2
s/ Paul Smith
Dated: September 27, 2013
Paul Smith (D.C. Bar No. 358870)
psmith@jenner.com
JENNER & BLOCK LLP
1099 New York Avenue, NW, Suite 900
Washington, DC 20001-4412
Telephone: (202) 639-6000
Facsimile: (202) 639-6066
Richard L. Stone (admitted pro hac)
rstone@jenner.com
Julie A. Shepard (admitted pro hac)
jshepard@jenner.com
Amy Gallegos (admitted pro hac)
agallegos@jenner.com
JENNER & BLOCK LLP
633 West 5th Street, Suite 3600
Los Angeles, CA 90071
Telephone: (213) 239-5100
Facsimile: (213) 239-5199
Attorneys for Plaintiffs Fox Television
Stations, Inc., Twentieth Century Fox Film
Corporation, and Fox Broadcasting Company
Dated: September 27, 2013
s/ Robert Alan Garrett
Robert Alan Garrett (D.C. Bar No. 239681)
Hadrian R. Katz (D.C. Bar No. 931162)
Christopher Scott Morrow
(D.C. Bar No. 491925)
Murad Hussain (D.C. Bar No. 999278)
ARNOLD & PORTER LLP
555 12th St., NW
Washington, DC 20004
Telephone: (202) 942-5444
Facsimile: (202) 942-5999
James S. Blackburn (admitted pro hac)
james.blackburn@aporter.com
John C. Ulin (admitted pro hac)
john.ulin@aporter.com
ARNOLD & PORTER LLP
777 South Figueroa Street, 44th Floor
Los Angeles, CA 90017
Telephone: (213) 243-4000
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Facsimile: (213) 243-4199
Attorneys for Plaintiffs 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.
Dated: September 27, 2013
s/ Ryan G. Baker
Kerry J. Davidson
LAW OFFICE OF KERRY J. DAVIDSON
1738 Elton Road, Suite 113
Silver Spring, Maryland 20903
(301) 586-9516 (telephone)
(866) 920-1535(facsimile)
Bar No.: 456431
Ryan G. Baker (admitted pro hac)
BAKER MARQUART LLP
10990 Wilshire Blvd., Fourth Floor
Los Angeles, California 90024
(424) 652-7811 (telephone)
(424) 652-7850 (facsimile)
Attorneys for Defendants FilmOn X, LLC,
FilmOn.TV, Inc., FilmOn.TV Networks, Inc.,
and FilmOn.com, Inc.
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