United States v. Broadcast Music, Inc

Filing 133

CONSENT MOTION TO EXTEND CASE DEADLINES: WHEREFORE, the Parties respectfully request that the Court extend each of the deadlines set forth in the Scheduling Order, and grant the following amended schedule: All party document discovery to be comple ted by March 5, 2021. All fact depositions to be completed by May 26, 2021. Notwithstanding the May 26, 2021 fact deposition deadline, any party witness identified as a trial witness after such date, who was not deposed during fact discovery, wil l be made available for deposition within a reasonable time prior to trial. All other fact discovery, including Interrogatories, Request for Admissions, and discovery from non-party fact witnesses, will be completed by May 26, 2021. Status Confe rence set for 6/4/2021 at 12:00 PM before Judge Louis L. Stanton. Expert rebuttal reports are to be exchanged on or before July 23, 2021. Expert discovery, including all expert depositions, will be completed on August 23, 2021. (Deposition due by 8/23/2021., Expert Discovery due by 8/23/2021., Fact Discovery due by 5/26/2021.) (Signed by Judge Louis L. Stanton on 11/19/2020) (rro)

Case 1:64-cv-03787-LLS Document 133 Filed 11/19/20 Page 1 of 3

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Case 1:18-cv-08749-LLS Document 60 Filed 11/18/20 Pa e 1 of :L__
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

DOC L, IENT
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BROADCAST MUSIC, INC.,

'
1: l 8-cv-08749 (LLS)
Petitioner,
Related to United States v. Broadcast
Music, In c., 64 Civ. 3787 (LLS)

V.

NORTH AMERICAN CONCERT PROMOTERS
ASSOCIATION, as licensing representative of the
promoters listed on Exhibit A to the Petition,
Respondent.
CONSENT MOTION TO EXTEND CASE DEADLINES

Petitioner Broadcast Music, Inc. ("BMI"), Respondent North American Concert Promoters
Association and its members ("NACPA"), and Respondent Live Nation Worldwide ("Live
Nation") (together, the "Parties"), by and through their respective undersigned counsel,
respectfully move this Court to extend each of the deadlines set forth in the Scheduling Order (ECF
59) as outlined below. In support of this request, the Parties state the following :
1.

Under the existing Scheduling Order, the Parties are to complete all fact discovery,

including fact depositions, by November 18, 2020. Further, a status conference is scheduled under
the existing Scheduling Order for December 4, 2020.
2. Under the existing Scheduling Order, expert reports are to be exchanged by December
17, 2020, and expert rebuttal reports are be exchanged by January 28, 2021. Expert discovery is
to be completed by February 24, 2021.
3. Following the Scheduling Order, entered May 28 , 2020, the Parties have engaged in
discovery in good faith and have substantially completed their productions of documents, but
require additional time to complete fact depositions and conduct limited additional party document
discovery in view of the ongoing challenges presented by the COVID-19 pandemic.

Case 1:64-cv-03787-LLS Document 133 Filed 11/19/20 Page 2 of 3
Case 1:18-cv-08749-LLS Document 60 Filed 11/18/20 Page 2 of 3

4.

The Parties therefore agree that relief from the November 18, 2020 fact discovery

deadline set forth in the Scheduling Order is necessary for the Parties to conduct depositions and
complete fact discovery. The Parties also agree that extending the November 18, 2020 deadline
set forth in the Scheduling Order necessitates an extension of all subsequent deadlines set forth in
the Scheduling Order.

5.

This is the Parties' fifth request for an extension of the deadlines set forth in the

existing Scheduling Order.
WHEREFORE, the Parties respectfully request that the Court extend each of the deadlines
set forth in the Scheduling Order, and grant the following amended schedule:
•

All party document discovery to be completed by March 5, 2021 .

•

All fact depositions to be completed by May 26, 2021.

•

Notwithstanding the May 26, 2021 fact deposition deadline, any party witness identified
as a trial witness after such date, who was not deposed during fact discovery, will be made
available for deposition within a reasonable time prior to trial.

•

All other fact discovery, including Interrogatories, Request for Admissions, and discovery
from non-party fact witnesses, will be completed by May 26, 2021.

•

A status conference is scheduled for Friday, June 4, 2021 at

•

Expert reports with all documents required to be produced pursuant to Rule 26(a)(2)(B) are
to be exchanged on or before June 28, 2021.

•

Expert rebuttal reports are to be exchanged on or before July 23, 2021.

•

Expert discovery, including all expert depositions, will be completed on August 23, 2021.

DATED:

l 2- • ..C11S"'h
h

New York, New York
November 18, 2020
MILBANKLLP
By:

-2-

Isl Atara Miller
Scott A. Edelman
[e-mail]

Case 1:64-cv-03787-LLS Document 133 Filed 11/19/20 Page 3 of 3
Case 1:18-cv-08749-LLS Document 60 Filed 11/18/20 Page 3 of 3

Atara Miller
[e-mail]
55 Hudson Yards
New York, NY 10001-2163
Tel: [phone]
Fax: [phone]
Attorneys for Petitioner Broadcast Music Inc.
WEIL, GOTSHAL & MANGES LLP
By:

Isl Benjamin E. Marks
Benjamin E. Marks
[e-mail]
David Y olkut
[e-mail]
767 Fifth Avenue
New York, New York 10153
Tel: [phone]
Fax: [phone]

Attorneys for NA CPA on behalf of itself and as
licensing representative for the NA CPA
members identified in Notice of Appearance
LATHAM & WATKINS LLP
By:

Isl Andrew Gass
Andrew Gass (pro hac vice pending)
[e-mail]
505 Montgomery St.
San Francisco, CA 94107
Tel: [phone]
Fax: [phone]

- - - - - - - - - - -- -- -

Attorneys for Live Nation Entities, as identified
in Notice ofAppearance

SO ORDERED

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United States District Judge
Dated:

-3-