Players Network, Inc. v. Comcast Corporation et al

Filing 38

ORDER granting 37 Stipulation adjourning the first phase of discovery and interim status report deadline. Signed by Magistrate Judge George Foley, Jr on 2/6/2015. (Copies have been distributed pursuant to the NEF - DKJ)

Case 2:14-cv-00238-GMN-GWF Document 37 Filed 02/05/15 Page 1 of 3

1 Abran E. Vigil
Nevada Bar No. 7548
2 Timothy R. Mulliner
Nevada Bar No. 10692
3 BALLARD SPAHR LLP
100 N. City Parkway, Suite 1750
4 Las Vegas, NV 89106
Telephone: [phone]
5 Facsimile: [phone]
Email: [e-mail]
6 Email: [e-mail]
7 Attorneys for Defendants Comcast

Corporation, Comcast Programming

8 Development, Inc., and Comcast
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Cable Communications, LLC

UNITED STATES DISTRICT COURT

Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617

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DISTRICT OF NEVADA
PLAYERS NETWORK, INC.,
Plaintiff,
vs.
COMCAST CORPORATION, et al.,

STIPULATION AND ORDER
ADJOURNING THE FIRST PHASE
OF DISCOVERY AND INTERIM
STATUS REPORT DEADLINE

Defendants.

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Case No. 2:14-cv-00238-GMN-GWF

Plaintiff Players Network, Inc. (“Players Network”) and defendants Comcast

18 Corporation, Comcast Programming Development, Inc., and Comcast Cable
19 Communications, LLC (collectively, “Comcast Defendants”), through their respective
20 counsel, hereby stipulate and agree as follows:
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1. Players Network filed its Amended Complaint on January 20, 2014,

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asserting various tort and contract claims against Comcast Defendants.

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See Amended Complaint, Exhibit A to Notice of Removal [Doc. 1].

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2. Comcast Defendants removed the case from state court on February 13,

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2014 [Doc. 1], and filed their Motion to Dismiss on March 13, 2014 [Doc.

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12], seeking dismissal of each of Players Network’s claims.

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3. Comcast Defendants thereafter filed a Motion to Stay Discovery [Doc. 19]

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pending a ruling on their Motion to Dismiss, which was denied by Minute

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Order dated July 21, 2014 [Doc. 25].

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4. The parties thereafter submitted a Joint Discovery Plan, which was

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approved and entered pursuant to an August 15, 2014 Scheduling Order

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[Doc. 31], wherein the parties agreed to conduct discovery on Players

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Network’s claims in phases.
5. The first phase of discovery began upon entry of the Scheduling Order and

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was limited to “the formation of the subject contract, including its scope,

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Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617

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intent and purpose, and the parties’ performance thereunder, including

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any alleged breach by any party.”

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6. Pursuant to an Amended Scheduling Order dated December 4, 2014 [Doc.

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35], discovery on these issues was to expire on February 24, 2015 or upon

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the entry of an order on Comcast Defendants’ Motion to Dismiss,

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whichever occurred first.

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7. The Court entered its Order on Comcast Defendants’ Motion to Dismiss on

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February 2, 2015 [Doc. 36], inter alia, dismissing Players Network’s breach

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of contract claim, but granting leave to amend this claim and three others

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by March 5, 2015. The February 2, 2015 Order terminated the first phase

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of discovery.

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8. It is submitted that before the parties will be able to propose a plan for the

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second phase of discovery, Players Network needs to file its Second

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Amended Complaint and Comcast Defendants need to have an opportunity

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to review and consider the nature and scope of that complaint.

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9. The parties therefore stipulate and agree to submit a joint discovery plan

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for the second phase of discovery within 14 days of service of Players

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Network’s Second Amended Complaint. The parties further propose to

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extend the February 24, 2015 deadline for the interim status report to a
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Case 2:14-cv-00238-GMN-GWF Document 37 Filed 02/05/15 Page 3 of 3

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date to be included in the joint discovery plan for the second phase of

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discovery.

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10. The parties further stipulate and agree that all discovery in phase one

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which has not yet been completed, including all currently scheduled

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depositions, shall be adjourned until Players Network files its Second

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Amended Complaint and the Court enters a scheduling order for the

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second phase of discovery.

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IT IS SO STIPULATED this 5th day of February, 2015.

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Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617

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BARNEY C. ALES, LTD.

BALLARD SPAHR LLP

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By: /s/ Barney C. Ales
By: /s/ Timothy R. Mulliner
Timothy R. Mulliner
Barney C. Ales
Nevada Bar No. 10692
BARNEY C. ALES, LTD.
100 North City Parkway, Suite 1750
P.O. Box 20563
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Las Vegas, NV 89106-4617
Las Vegas, NV 89112
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Barney C. Ales
Attorneys for Defendants Comcast
BARNEY C. ALES, LTD.
15 Corporation, Comcast Programming
222 Guidance Ridge Ct.
Henderson, NV 89012
16 Development, Inc., and Comcast Cable
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Communications, LLC

Attorney for Plaintiff

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IT IS SO ORDERED:

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______________________________________
United States District/Magistrate Judge
GEORGE FOLEY, JR.
Dated:_______________________
United States Magistrate Judge

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Dated: February 6, 2015

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