Dash v. Mayweather et al

Filing 138

ORDER OF COURT MODIFYING CASE MANAGEMENT ORDER granting in part 89 MOTION to Compel Discovery/for Modification of 78 Case Management Order of June 8, 2011: Directing Defendants to submit partial summary judgment motions on the issue of Plaintiff's entitlement to actual damages and/or a profits-based measure of damages pursuant to 17 U.S.C. § 504(b) forty-five (45) days from the entry of this Order, that Plaintiff's Brief in Opposition shall bedue sevent y-five (75) days from the entry of this Order, and that Defendants' Reply Briefs will be due ninety (90) days from the date of this Order, and staying all other deadlines contained in the 84 Third Amended Scheduling Order. Signed by Honorable Joseph F Anderson, Jr on 12/01/2011.(bshr, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
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Plaintiff,
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v.
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FLOYD MAYWEATHER, JR.,
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an individual; MAYWEATHER
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PROMOTIONS; MAYWEATHER
PROMOTIONS, LLC; PHILTHY )
RICH RECORDS, INC.; and WORLD )
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WRESTLING ENTERTAINMENT,
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INC.;
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Defendants.
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ANTHONY LAWRENCE DASH,

Civil Action No.: 3-10-CV-01036-JFA

ORDER OF COURT MODIFYING CASE MANAGEMENT ORDER

On November 3, 2011, this Court granted WWE’s request to modify the existing
Case Management Order so as to bifurcate discovery on copyright infringement and
entitlement to profits based damages.
Following the Court’s Order of November 3, 2011, the parties have presented a
joint motion and plan designed to implement the Court’s ruling in the most cost-effective
manner, which plan the Court hereby adopts. It is, therefore, ordered that the Defendants
shall submit partial summary judgment motions on the issue of Plaintiff’s entitlement to
actual damages and/or a profits-based measure of damages pursuant to 17 U.S.C. §504(b)
forty-five (45) days from the entry of this Order. Plaintiff’s Brief in Opposition shall be

due seventy-five (75) days from the entry of this Order, and the Defendants’ Reply Briefs
will be due ninety (90) days from the date of this Order.
Following disposition of the partial summary judgment motions regarding
Plaintiff’s entitlement, if any, to actual damages or any of the Defendants’ profits
pursuant to 17 U.S.C. §504(b), the Court will reconvene the parties and, if necessary,
determine whether it is necessary to appoint an expert at that time, and to establish
schedules for disposition of validity and infringement issues. Toward that end, the Court
further orders the parties to continue to consult and confer regarding the electronic files
produced by, and requested from, the Plaintiff in order to identify for the Court, and any
potential expert retained by the Court, the files which have been produced and those
which have not been produced.
The Court further orders that other deadlines in the CMO of July 5, 2011 are
adjourned, and will be reset, if necessary, on disposition of the aforementioned motions
regarding Plaintiff’s entitlement to actual damages and a profits measure of damages
pursuant to 17 U.S.C. §504(b). It is further ordered that the resumed deposition of
Plaintiff, and the deposition of Plaintiff’s damages expert, are stayed pending the Court’s
decision on the motions regarding Plaintiff’s damages entitlement, if any.

IT IS SO ORDERED.
December 1, 2011
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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