MCCLATCHEY v. ASSOCIATED PRESS

Filing 49

MOTION in Limine to Limit Plaintiff to Two Statutory Damage Awards under the Digital Millennium Copyright Act by ASSOCIATED PRESS. (Attachments: # 1 Proposed Order)(Berry, Michael)

MCCLATCHEY v. ASSOCIATED PRESS

Doc. 49

Case 3:05-cv-00145-TFM

Document 49

Filed 05/04/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA VALENCIA M. MCCLATCHEY, Plaintiff, v. THE ASSOCIATED PRESS, Defendant. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 05-145J

MOTION IN LIMINE TO LIMIT PLAINTIFF TO TWO STATUTORY DAMAGE AWARDS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT Defendant The Associated Press ("AP") through its undersigned counsel, for the reasons set forth in the accompanying memorandum, respectfully moves this Court in limine for an Order limiting Plaintiff to a total of two statutory awards if she prevails on both of her claims under the Digital Millennium Copyright Act. Dated: May 4, 2007 Respectfully submitted, LEVINE SULLIVAN KOCH & SCHULZ, L.L.P. By: /s/ Robert Penchina

Robert Penchina (Pro Hac Vice) 321 West 44th Street, Suite 510 New York, NY 10036 [phone] [phone] (Fax) Gayle C. Sproul (I.D. No. 38833) Michael Berry, I.D. No. 86351 (Pro Hac Vice) 2112 Walnut Street, Third Floor Philadelphia, Pennsylvania 19103 [phone] [phone] (Fax) Attorneys for The Associated Press

Dockets.Justia.com

Case 3:05-cv-00145-TFM

Document 49

Filed 05/04/2007

Page 2 of 3

MOTION IN LIMINE CERTIFICATE I HEREBY CERTIFY that despite the reasonable and good faith efforts of the parties to this action to reach agreement concerning the issues raised by this motion in limine, the parties were unable to reach such an agreement.

/s/ Robert Penchina Robert Penchina

Case 3:05-cv-00145-TFM

Document 49

Filed 05/04/2007

Page 3 of 3

CERTIFICATE OF SERVICE I, Michael Berry, hereby certify that on this 4th day of May, 2007, I caused to be served a true and correct copy of the foregoing Motion in Limine, as well as the Memorandum in support thereof and accompanying Proposed Order, via the Court's ECF system, upon the following counsel of record: Paul K. Vickrey Douglas M. Hall Kara L. Szpondowski Niro, Scavone, Haller & Niro 181 West Madison, Suite 4600 Chicago, Illinois 60602-4515 John E. Hall Eckert Seamans Cherin & Mellott, LLC USX Tower 600 Grant Street, 44th Floor Pittsburgh, Pennsylvania 15219

/s/ Michael Berry Michael Berry