Colborn v. Netflix Inc et al

Filing 170

Court Minutes and Order from status conference held 12/17/20 before Judge Brett Ludwig, granting in part 153 Motion to Compel; granting 168 Motion to Withdraw as Attorney. Attorney Lee Levine terminated. parties shall provide Notice on the docket on or before January 4, 2021, regarding whether they intend to retain a private mediator or agree to have the Court refer the matter to a magistrate judge for the purposes of mediation. (Tape #10:32 - 11:22.) (MP)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN
Court Minutes and Order
HEARING DATE:
JUDGE:
CASE NO.:
CASE NAME:
MATTER:
APPEARANCES:

December 17, 2020
Brett H. Ludwig
19-cv-0484-nhl
Colborn v. Netflix Inc et al
Continued Status Conference
George Burnett, Michael Griesbach, April Barker, Attorneys for Plaintiff
Andrew Colburn, Plaintiff
James Friedman, Attorney for all Defendants
Matthew Kelly and Leita Walker, Attorneys for Defendant Netflix Inc.
Kevin Vick and Jeffrey Payne, Attorneys for Defendants Chrome Media
LLC, Laura Ricciardi, & Moira Demos
TIME:
10:32 a.m. – 11:22 a.m.
COURTROOM DEPUTY: Melissa P.
AUDIO OF THIS HEARING IS AT ECF NO. 169

Counsel for the parties reported on the status of the case and their opinions as to how the
case should proceed. The court considered four pending matters: (1) Chrome Media, Laura
Ricciardi, and Moria Demos’s Motion to Dismiss (ECF No. 34); (2) Netflix, Inc.’s Motion to
Dismiss (ECF No. 118); (3) Plaintiff’s Motion to Compel Initial Disclosures (ECF No. 153); and
(4) Lee Levine’s Expedited Non-Dispositive Motion for Withdrawal of Counsel (ECF No. 168).
MOTIONS TO DISMISS
The Court took under advisement the Motion to Dismiss filed by Chrome Media (f/k/a
Synthesis Films LLC), Laura Ricciardi, and Moria Demos (ECF No. 34) and the Motion to
Dismiss filed by Netflix, Inc. (ECF No. 118).
MOTION TO COMPEL INITIAL DISCLOSURES
For the reasons stated on the record, the Court will grant in part Plaintiff’s Motion to
Compel. (ECF No. 153.) Defendants will be required to provide additional disclosures and
responses to any overdue or pending discovery requests within 14 days of the Court’s final ruling
on the pending motions to dismiss.
MOTION TO WITHDRAW AS COUNSEL
Due to his upcoming retirement, the Court will grant Mr. Levine’s unopposed motion to
withdraw as counsel for Netflix. (ECF No. 168.)
Case 1:19-cv-00484-BHL Filed 12/17/20 Page 1 of 2 Document 170

MEDIATION
Due to the complexity of the case and the expenses associated with protracted litigation,
the Court will order mediation.
Accordingly, IT IS ORDERED Plaintiff’s Motion to Compel Initial Disclosures (ECF
No. 153) is GRANTED in part. Defendants must provide disclosures and responses to any
overdue or pending discovery requests within 14 days of the Court’s final ruling on the pending
motions to dismiss.
IT IS FURTHER ORDERED Lee Levine’s Expedited Non-Dispositive Motion for
Withdrawal of Counsel (ECF No. 168) is GRANTED. Lee Levine is granted permission to
withdraw and terminate his appearance for defendant Netflix, Inc.
IT IS FURTHER ORDERED, to minimize costly pretrial procedures in a case that may
be equitably settled, and to secure the just, speedy, and inexpensive determination of this action,
all parties shall participate in good faith in mediation. The parties shall provide Notice on the
docket on or before January 4, 2021, regarding whether they intend to retain a private mediator
or agree to have the Court refer the matter to a magistrate judge for the purposes of mediation.
Dated at Milwaukee, Wisconsin this 17th day of December, 2020.
s/ Brett H. Ludwig
BRETT H. LUDWIG
United States District Judge

Case 1:19-cv-00484-BHL Filed 12/17/20 Page 2 of 2 Document 170