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)

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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 _______________________. 2 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 3

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