Viamedia, Inc. v. Comcast Corporation et al

Northern District of Illinois, ilnd-1:2016-cv-05486

STIPULATION Regarding Third-Party Fact Discovery Cutoff

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION VIAMEDIA, INC., Plaintiff, v. No. 16 C 5486 COMCAST CORPORATION and Honorable Amy J. St. Eve COMCAST SPOTLIGHT, LP, Defendants. JOINT STIPULATION REGARDING THIRD-PARTY FACT DISCOVERY CUTOFF __________________________________________________________________________ Plaintiff Viamedia, Inc. and Defendants Comcast Corporation and Defendants Comcast Corporation and Comcast Cable Communications Management, LLC (successor to Comcast Spotlight, LP) (together with Comcast Corporation, "Comcast"), by and through their respective counsel, hereby jointly submit this stipulation regarding the fact discovery cutoff with respect to discovery relating to certain third party discovery, specifically CenturyLink, Inc. ("CenturyLink"), Cox Media ("Cox") and Charter (all of which was served prior to the discovery cut-off date). On September 11, Viamedia issued a notice of deposition and served a subpoena for the deposition of Ms. Snody. On September 14, 2017, Comcast then served CenturyLink with a cross-subpoena for the deposition of Ms. Snody, as well as a document subpoena. The subpoena, among other things, sought documents relating to CenturyLink’s issuance of a request for proposal ("RFP") in 2015 which is expected to be a topic covered during Ms. Snody’s deposition. Counsel for CenturyLink has represented to the parties that contractual obligations related to documents in its RFP file delayed its production of documents responsive to Comcast’s subpoena, that CenturyLink expects to produce documents by October 16, 2017, and that Ms. Snody is available for deposition on November 2 or 3, 2017. In addition, Cox is still in the process of completing its document production by agreement, and during the deposition of Charter’s corporate witness, nine contracts were identified that counsel for Charter suggested were already produced but in fact have not yet been provided. The parties therefore agree and stipulate that the fact discovery cutoff shall be extended to November 3, 2017 to complete the above-referenced outstanding discovery. No other deadline shall be affected by this extension. A proposed Agreed Order reflecting the parties’ stipulation concerning third-party discovery is submitted herewith. Pursuant to the Court’s standing orders, a copy of the Proposed Agreed Order has been transmitted via email to the following address: proposed_order_st_eve@ilnd.uscourts.gov. Dated: October 6, 2017 Respectfully submitted, COMCAST CORPORATION AND VIAMEDIA INC. COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC/s/Sally K. Sears Coder/s/Kenneth M. Fetterman Ross B. Bricker James M. Webster III Sally K. Sears Coder Aaron M. Panner JENNER & BLOCK LLP Derek T. Ho 353 N. Clark Street Kenneth M. Fetterman Chicago, Illinois 60654 KELLOGG, HANSEN, TODD, Tel: (312) 222-9350 FIGEL & FREDERICK, P.L.L.C. Fax: (312) 527-0484 1615 M Street, N.W., Suite 400 rbricker@jenner.com Washington, D.C. 20036 ssearscoder@jenner.com (202) 326-7900 Arthur J. Burke (pro hac vice) Richard J. Prendergast David B. Toscano (pro hac vice) Michael T. Layden DAVIS POLK & WARDWELL RICHARD J. PRENDERGAST, LLP LTD. 450 Lexington Avenue 111 W. Washington Street, Suite 1100 New York, New York 10017 Chicago, Illinois 60602 Tel: (212) 450-4000 (312) 641-0881 Fax: (212) 701-5800 Arthur.Burke@davispolk.com David.Toscano@davispolk.com Counsel for Defendants Comcast Counsel for Plaintiff Viamedia, Inc. Corporation and Comcast Cable Communications Management, LLC IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION VIAMEDIA, INC., Plaintiff, v. No. 16 C 5486 COMCAST CORPORATION and Honorable Amy J. St. Eve COMCAST SPOTLIGHT, LP, Defendants. [PROPOSED] STIPULATED ORDER REGARDING THIRD-PARTY FACT DISCOVERY CUTOFF __________________________________________________________________________ Having considered the stipulation of the parties regarding the fact discovery cutoff relating to certain third party discovery, the Court orders and directs the parties as follows: The fact discovery cutoff shall be extended to November 3, 2017 to complete document discovery from CenturyLink, Cox and Charter, and the deposition of Rebecca Snody. No other deadline shall be affected by this extension. IT IS HEREBY ORDERED. Entered: October __, 2017 _______________________ Hon. Amy St. Eve