GRANT HEILMAN PHOTOGRAPHY, INC. v. THE MCGRAW-HILL COMPANIES, INC. et al
Filing
286
ORDER THAT PLFF WILL FILE A DETAILED OFFER OF PROOF AS TO LIABILITY OF DEFTS FOR 130 DISPUTED CLAIMS. DEFT WILL FILE A MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO THESE 130 DISPUTED CLAIMS. THESE SUBMISSIONS ARE DUE AS OF 3/4/2016, ETC. THE COURT WILL HAVE A HEARING ON PRETRIAL ISSUES ON 3/15/2016 AT 11:00 A.M. IN COURTROOM 3A, ETC. MOTIONS IN LIMINE DUE BY 4/1/2016. TRIAL DATE SET FOR 5/2/2016. DEFT'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE ISSUE OF STATUTORY DAMAGES (ECF 276) IS GRANTED. PLFF'S MOTION TO COMPEL DISCOVERY (ECF 202) IS DENIED. PLFF'S MOTION TO AMEND THE COMPLAINT (ECF 212) IS GRANTED IN PART. PLFF'S MOTION FOR PRE-JUDGMENT & POST-JUDGMENT INTEREST (ECF 201) IS GRANTED IN PART. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 2/19/16. 2/19/16 ENTERED AND COPIES E-MAILED.(kw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GRANT HEILMAN PHOTOGRAPHY, INC.
THE MCGRAW-HILL COMPANIES, et al.
CIVIL ACTION
:
v.
:
No. 12-2061
:
ORDER RE: SCHEDULING AND PRE-TRIAL MOTIONS
AND NOW this 19th day of February, 2016, based on the foregoing Memorandum, and
recorded telephone discussions with counsel on February 17 and 18, 2016, the Court ORDERS
the following schedule order and related matters:
1.
Simultaneous briefing on issues as to the effect of the jury verdict at the first trial
and rulings of the Court – due March 4, 2016.
2.
Plaintiff will file a detailed offer of proof as to liability of defendant for 130
disputed claims. Defendant will file a motion for partial summary judgment as to these 130
disputed claims. Plaintiff will also assert its position on willfulness and defendant will assert its
position on the 2.2 multiplier. These submissions are due as of March 4, 2016. Responses are
due as of March 11, 2016.
3.
The Court will have a hearing on pretrial issues on March 15, 2016 at 11:00 a.m. in
Courtroom 3A.
4.
Plaintiff shall file a chart or similar summary of damage calculations it intends to
use before the jury, by March 18, 2016. Defendant shall respond by April 1, 2016. As to
plaintiff’s claim for lost profits, defendant will detail its position on showing the reductions it
asserts are proper from the gross receipts as asserted by plaintiff. Plaintiff shall respond as to
these reductions by April 15, 2016. The calculations of “actual damages” must follow prior
rulings.
5.
Any liability issues will be bifurcated from damages.
6.
Exchange of witness lists and exhibits lists – due March 11, 2016. Objections are
due March 18, 2016.
7.
Motions in limine are to be filed no later than April 1, 2016, with responses due
April 8, 2016.
8.
Deposition designations are due April 1, 2016 with objections and/or
cross-designations due April 8, 2016.
9.
Trial will begin on May 2, 2016.
10.
Any Rule 68 offer of judgment must be filed at least thirty (30) days prior to trial.
11.
Defendant’s motion for partial summary judgment on the issue of statutory
damages (ECF 276) is GRANTED.
12.
Plaintiff’s motion to compel discovery (ECF 202) is DENIED.
13.
Plaintiff’s motion to amend the complaint (ECF 212) is GRANTED in part.
14.
Plaintiff’s motion for pre-judgment and post-judgment interest (ECF 201) is
GRANTED in part.
BY THE COURT:
/s/ Michael M. Baylson
MICHAEL M. BAYLSON
United States District Court Judge
O:\CIVIL 12\12-2061 GRANT V. MCGRAW\12CV2061 ORDER ON MEMO RE PENDING MOTIONS AND TRIAL SCHED
02192016.DOCX
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