CBS Broadcasting Inc. et al v. Filmon.Com, Inc.

Filing 40

ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Hadrian R. Katz dated 8/29/2011 re: Counsel writes with respect to the motion to amend the complaint and to add four new plaintiffs. Counsel has discussed the proposed amendment with FilmOn counsel, and they have confirmed that they have no opposition. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 9/6/2011) (jfe)

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August 29, 2011

I
IN CAMBERS
OF NAOMI REICE BUCHWALD

The Honorable Naomi Reice Buchwald
United States District Judge
Southern District of New York
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street
New York, NY 10007-1312
Re:

AUG 302011
UNITED STATFS COURT JUDGE

CBS Broadcasting Inc. v. EilmOn.com. Inc.. Case No. 1:10-cv-7532-NRB

MEMO END

Den- Judge Buchwald:

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In accordance with Your Honor's individual practice 2.A, we wnte
reBe§
our contemplated motion to amend the complaint to add four new plaintiffs
American Broadcasting Companies, Inc.; CBS Studios Inc.; Big Ticket Television, Inc.; and
Open 4 Business Productions LLC. A copy of the proposed amended complaint is enclosed.
We have discussed the proposed amendment with FilmOn counsel, and they have confirmed
that they have no opposition.
The proposed new plaintiffs are all affiliates of the existing plaintiffs. These affiliates
own the copyrights in certain of the television programs and films that defendant FilmOn
streamed to viewers before the Court issued its restraining order. The registration certificates
for those copyrights were all submitted to the defendant by the existing plaintiffs during
discovery.
The addition of these affiliates would create no new issues of fact or law and would
not occasion any additional discovery. The amendment would merely ensure that all
infringement claims supported by the certificates or applications submitted by the original
plaintiffs can be resolved in this action, without the need for the proposed new plaintiffs to
commence a separate lawsuit to assert their claims. The new plaintiffs will be represented by
the same counsel as the existing plaintiffs, and none of the claims asserted in the original
complaint will change.

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Re ectfully yours, . /

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Hadrian R. Katz .
Enclosure
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Toby M. Butterfield, Esq.

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