Whitmill v. Warner Bros. Entertainment Inc.

Filing 47

Emergency MOTION to Expedite Scheduling Conference by Plaintiff S. Victor Whitmill. (Attachments: # 1 Exhibit (1) Plaintiff's Proposed Scheduling Plan for Epedited Trial on Request for Permanent Injunction, # 2 Exhibit (2) Defendant's Proposed Scheduling Plan for Consolidated Expedited Trial on All Issues)(Gerber, Geoffrey)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
S. VICTOR WHITMILL,
Plaintiff,
v.
WARNER BROS. ENTERTAINMENT INC.,
Defendant.

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Civil Action No. 4:11-cv-752

PLAINTIFF’S PROPOSED SCHEDULING PLAN
FOR EXPEDITED TRIAL ON REQUEST FOR PERMANENT INJUNCTION
Pursuant to Fed. R. Civ. P. 26(f), 42(b) and this Court’s May 24, 2011 Order, attorneys
for the parties conferred as to scheduling and discovery plans for the trial on Plaintiff’s copyright
infringement claim and request for a permanent injunction — separate from Plaintiff’s claims for
damages and other relief. Because the parties were unable to agree on a scheduling plan for the
equitable claims, Plaintiff proposes the following.
1.

Scope of this Scheduling Plan: This proposed plan would limit discovery efforts
to issues related to Plaintiff’s claim for equitable relief — including issues of
malice and willfulness — and Defendant’s defenses thereto. Accordingly,
depending on the resolution of Plaintiff’s request for a permanent injunction, there
may need to be a second proposed scheduling plan for issues related to Plaintiff’s
claims for monetary compensation.

2.

Discovery Plan for Permanent Injunction Trial:
(a)

Rule 26(a)(1) Disclosures by June 8, 2011;

(b)

Responses to Plaintiff’s Expedited Discovery Requests (served April
29, 2011) by June 8, 2011

Exhibit 1

(c)

Additional Written Discovery (Interrogatories, Requests for Production of
Documents, and Requests for Admissions):

(i)
(ii)

Responses served by June 24, 2011.

(iii)
(d)

Served by June 10, 2011.

Motions to Compel (if needed): Filed by July 1, 2011.

Expert witnesses: No expert witnesses are needed with respect to
Plaintiff’s claim for injunctive relief. The parties reserve the right to
designate expert witnesses, if necessary, in connection with a second
scheduling plan for the damages phase of this matter.

(e)

Absent consent or leave of court, each side shall be limited to three (3)
depositions and each party shall be limited to ten (10) interrogatories
(including those already propounded and served).

(f)
3.

All discovery shall be completed by July 22, 2011.

Mediation: Plaintiff believes that mediation might be productive after

completion of discovery, but only if it does not delay the trial on the merits.
4.

Hearing on Permanent Injunction
(a)

Plaintiff shall file his proposed preliminary injunction and the parties shall
file a pretrial stipulation of facts, witness lists, exhibit lists, and deposition
designations, and pretrial memoranda by July 29, 2011.

(b)

Objections to witness lists, exhibit lists, and deposition designations and
motions in limine filed no later than August 2, 2011; replies thereto filed
no later than August 4, 2011.

(c)

Matter will be ready for trial by August 8, 2011

Exhibit 1

(d)

Length of trial: 2 day Jury Trial..
/s/ Geoffrey G. Gerber
Michael A. Kahn (#35411MO)
[e-mail]
Pete Salsich III (#44886MO)
[e-mail]
Geoff G. Gerber (#47097MO)
[e-mail]
%)( !.*’+#,0/( $&1 ".,0PROFESSIONAL CORPORATION

1006 Olive Street, Ste. 303
St. Louis, Missouri 63101-2048
Tel: [phone]
Attorneys for Plaintiff

Exhibit 1