Disney Enterprises, Inc. et al v. Hotfile Corp. et al

Filing 101

SCHEDULING REPORT - Rule 26(f) by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Hotfile Corp., Anton Titov, Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc. (Attachments: # 1 Exhibit Attachment 1, # 2 Text of Proposed Order Proposed Scheduling Order)(Stetson, Karen)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20427-JORDAN

DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM CORPORATION,
UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP,
COLUMBIA PICTURES INDUSTRIES, INC., and
WARNER BROS. ENTERTAINMENT INC.,
Plaintiffs,
v.
HOTFILE CORP., ANTON TITOV, and
DOES 1-10.
Defendants.
/
JOINT PROPOSED SCHEDULING ORDER
The parties having submitted their Fed. R. Civ. P. 26(f) and Local Rule 16.1 Report, it is
hereby Ordered that:
1.

This case is assigned to the Standard Track.

2.

All motions to join additional parties or amend the pleadings shall be filed no later

than September 15, 2011.
3.

The parties will make expert disclosures under Fed. R. Civ. 26(a)(2) and Local

Rule 16.1(k) by October 28, 2011.
4.

The parties will exchange rebuttal expert reports by December 2, 2011.

5.

The parties shall complete discovery by December 23, 2011.

6.

Each party may bring a motion for summary judgment on any grounds by January

23, 2012.

CASE NO. 11-20427-JORDAN
7.

All discovery prior to the discovery cut-off date shall be limited to discovery

relevant to liability, and discovery related only to damages shall be postponed until such time as
the Court has the opportunity to conduct a status conference, following the Court’s ruling on all
summary judgment motions on liability. The parties shall meet and confer following resolution
of all motions for summary judgment on liability, and submit a joint report to the Court with
their proposal(s) for proceeding within fourteen days of the Court’s decision of the last such
motion.
8.

[Plaintiffs’ proposal: Summary judgment motions on liability may be filed and

resolved based on a sample of works that Plaintiffs allege to have been infringed and identified
in Exhibit A to the Plaintiffs’ complaint, or a smaller subset of those works as the parties
stipulate. Discovery regarding all other works alleged to be infringed is deferred until after the
Court has ruled on all summary judgment motions on liability.]
9.

[Defendants’ proposal: Each party may bring a motion for summary judgment

regarding application of the DMCA “safe harbor.” In accordance with S.D. Fla. L.R. 7.1.C.2,
each party, may thereafter file one additional summary judgment motion on any remaining
grounds by January 23, 2012.]
10.

All pretrial motions shall be filed no later than ___________________________.

11.

All pretrial motions shall by resolved by the Court no later than

________________________________..
12.

A pretrial conference shall be held on _________________________.

13.

Trial shall commence on _______________________.

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CASE NO. 11-20427-JORDAN
DONE and ORDERED in Chambers, in Miami, Florida, this ______ day of
___________________, 2011.

_____________________________________
Hon. Adalberto Jordan
United States District Court Judge

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