Gordon v. DreamWorks Animation SKG, Inc. et al

Filing 31

JOINT STATEMENT re scheduling conference pursuant to L.R. 16.1(D). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brown, Thomas)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JAYME GORDON,
Plaintiff,
v.

C.A. No. 1:11-cv-10255-JLT

DREAMWORKS ANIMATION SKG, INC.,
DREAMWORKS ANIMATION LLC, and
PARAMOUNT PICTURES, CORP.,
Defendants.

JOINT STATEMENT PURSUANT TO LOCAL RULE 16.1(D)
In accordance with Local Rule 16.1(D), Plaintiff Jayme Gordon and Defendants
DreamWorks Animation SKG, Inc., DreamWorks Animation LLC, and Paramount Pictures,
Corp. submit this joint statement in preparation for a Scheduling Conference pursuant to Fed. R.
Civ. P. 16(a) and Local Rule 16.1(A) scheduled for July 13, 2011. This statement is based upon
the conference of counsel that was held pursuant to Fed. R. Civ. P. 26(f) and Local Rule 16.1(B)
regarding an agenda for matters to be discussed at the scheduling conference and a proposed
pretrial schedule for the case.
I.

SUMMARY OF DISCOVERY CONDUCTED TO DATE
The parties have served their Initial Disclosures by July 6, 2011 pursuant to Local Rule

26.2(A).
II.

PROPOSED DISCOVERY AND MOTION PLAN
Pursuant to Fed. R. Civ. P. 26 and Local Rule 16.1(D)(1)-(2), the plaintiff proposes the

following pretrial schedule, provided, however, that nothing herein prevents the parties from
requesting other types of discovery which shall be completed within the schedule below.

EVENT

PLAINTIFF’S
PROPOSED
DEADLINE
October 07, 2011

A.

Deadline for joining additional parties and
amending pleadings

B.

Deadline for the production of all requested
September 16, 2011
documents by parties (except where a Local Rule or
an Order of the Court requires earlier production)

C.

Completion of Fact Depositions and Third Party
Document Production

April 06, 2012

D.

Court supervised mediation

April 9-13, 2012

E.

Deadline for the parties to identify trial experts for
issues on which they bear the burden of proof and
to serve the written reports for each such expert

May 15, 2012

F.

Deadline for the parties to identify any rebuttal
experts and to serve the written reports for each
such rebuttal expert

June 15, 2012

G.

Deadline for completing expert discovery

July 13, 2012

H.

Court supervised mediation

July 23-27, 2012

I.

Deadline for filing dispositive motions

August 31, 2012

J.

Target trial commencement date

December 10, 2012

The defendants propose the following pre-trial schedule, which provides for an
acceleration of discovery on liability, and an early dispositive motion on liability, and bifurcates
discovery as to damages until after the determination of a dispositive motion on liability, if it is
still necessary.

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EVENT

DEFENDANTS’
PROPOSED
DEADLINE
October 07, 2011

A.

Deadline for joining additional parties and
amending pleadings

B.

Deadline for the production of all requested
documents by parties as to liability issues (except
where a Local Rule or an Order of the Court
requires earlier production)

September 16, 2011

C.

Completion of Fact Depositions and Third Party
Document Production as to liability issues

February 06, 2012

D.

Deadline for the parties to identify trial experts for
liability issues on which they bear the burden of
proof and to serve the written reports for each such
expert

March 01, 2012

E.

Deadline for the parties to identify any rebuttal
liability experts and to serve the written reports for
each such rebuttal expert on liability issues

April 01, 2012

F.

Deadline for completing expert discovery as to
liability issues

May 01, 2012

G.

Deadline for filing dispositive motions as to
liability issues

June 01, 2012

H.

Deadline for completing fact discovery as to
damages issues, if necessary

I.

Deadline for parties to identify trial experts for
damages issues on which they bear the burden of
proof and to serve the written reports for each such
expert, if necessary

2 months from
Court’s ruling on
dispositive motion(s)
2 weeks after
completion of fact
discovery on
damages

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EVENT
J.

K.

Deadline for completing depositions of damages
experts, if necessary

L.

III.

Deadline for the parties to identify any rebuttal
experts on damages and to serve the written reports
for each such rebuttal expert, if necessary.

Target trial commencement date, if necessary

DEFENDANTS’
PROPOSED
DEADLINE
2 weeks after
deadline for
identification of
initial experts on
damages
1 month after
deadline for
identification of
rebuttal experts on
damages
1 month after
deadline for
completion of expert
depositions on
damages

DISCOVERY LIMITATIONS
The parties agree to the limitations on discovery set forth in Local Rule 26.1(C) except

for the number of depositions, which the parties agree shall be determined by the Court.
IV.

TRIAL BY MAGISTRATE JUDGE
The parties do not consent to trial before a Magistrate Judge.

V.

SETTLEMENT
Plaintiff has provided a written settlement proposal to Defendants no later than 10 days

before the date for the scheduling conference in accordance with Local Rule 16.1(C).
VI.

CERTIFICATIONS
Plaintiff’s certification pursuant to Local Rule 16.1(D)(3) is attached hereto as Exhibit A.

Defendants’ certifications are attached as Exhibit B.
Dated: July 5, 2011

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Respectfully Submitted,
JAYME GORDON,

DREAMWORKS ANIMATION SKG, INC.,
DREAMWORKS ANIMATION LLC, and
PARAMOUNT PICTURES, CORP.

By his Attorneys,

By their Attorneys,

/s/ Thomas A. Brown
Gregory A. Madera, BBO #313,020
Thomas A. Brown, BBO #657,715
Maureen M. Brenner, BBO #679,573
FISH & RICHARDSON P.C.
One Marina Park Drive
Boston, MA 02210-1878
[phone]
[e-mail]; [e-mail];
[e-mail]

/s/ Julia Huston
John A. Shope, BBO #562,056
Julia Huston, BBO #562,160
David A. Kluft, BBO #658,970
FOLEY HOAG LLP
Seaport West
155 Seaport Boulevard
Boston, MA 02210-2600
[phone]
[e-mail];
[e-mail];
[e-mail]

Mark A. Fischer, BBO #167,100
DUANE MORRIS LLP
470 Atlantic Avenue, Suite 500
Boston, MA 02210-2243
[phone]
[e-mail]

Jonathan Zavin, pro hac vice
LOEB & LOEB LLP
345 Park Avenue
New York, NY 10154
[phone]
[e-mail]

Juanita R. Brooks, pro hac vice
FISH & RICHARDSON P.C.
12390 El Camino Real
San Diego, CA 92130
[phone]; [e-mail]

David Grossman, pro hac vice
LOEB & LOVE LLP
10100 Santa Monica Blvd., Suite 2200
Los Angeles, CA 90067
[phone]
[e-mail]

Michael J. Kane, pro hac vice
Joel D. Leviton, pro hac vice
FISH & RICHARDSON P.C.
3200 RBC Plaza
60 South Sixth Street
Minneapolis, MN 55402
[phone]
[e-mail]; [e-mail]
Kristen McCallion, pro hac vice
FISH & RICHARDSON P.C.
601 Lexington Avenue, 52nd Floor
New York, NY 10022
[phone]; [e-mail]

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CERTIFICATE OF SERVICE
I hereby certify that this document(s) filed through the ECF system will be sent
electronically to the registered participants as identified on the Notice of Electronic Filing (NEF)
and paper copies will be sent to those indicated as non-registered participants on this 5th day of
July, 2011.
/s/ Thomas A. Brown
Thomas A. Brown

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