Viamedia, Inc. v. Comcast Corporation et al

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

TRANSCRIPT OF PROCEEDINGS held on 1/10/18 before the Honorable Amy J. St. Eve. Order Number: 29573. Court Reporter Contact Information: Joseph Rickhoff, 312-435-5562, <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 2/7/2018. Redacted Transcript Deadline set for 2/20/2018. Release of Transcript Restriction set for 4/17/2018.

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Case: 1:16-cv-05486 Document #: 207 Filed: 01/17/18 Page 1 of 7 PageID #:5269 1 1 IN THE UNITED STATES DISTRICT COURT. NORTHERN DISTRICT OF ILLINOIS 2 EASTERN DIVISION 3 VIAMEDIA, INC.,) Docket No. 16 C 5486 4) Plaintiff,) 5) vs.) 6) COMCAST CORPORATION AND) 7 COMCAST SPOTLIGHT, INC.,) Chicago, Illinois) January 10, 2018 8 Defendants.) 8:46 o'clock a.m. 9 TRANSCRIPT OF PROCEEDINGS - STATUS 10 BEFORE THE HONORABLE AMY J. ST. EVE 11 APPEARANCES: 12 13 For the Plaintiff: KELLOGG, HANSEN, TODD, FIGEL & FREDERICK, PLLC 14 BY: MR. MR. DEREK T. HO 1615 M Street, NW, Suite 400 15 Washington, D.C. 20036 16 RICHARD J. PRENDERGAST, LTD. BY: MR. RICHARD J. PRENDERGAST 17 111 W. Washington St., Suite 1100 Chicago, Illinois 60602 18 19 For the Defendants: DAVIS, POLK & WARDWELL BY: MR. ARTHUR BURKE 20 MR. DAVID B. TOSCANO 450 Lexington Street 21 New York, New York 10017 22 JENNER & BLOCK, LLP BY: MS. SALLY K. SEARS CODER 23 353 North Clark Street Chicago, Illinois 60654 24 25 Case: 1:16-cv-05486 Document #: 207 Filed: 01/17/18 Page 2 of 7 PageID #:5269 2 1 APPEARANCES (Cont'd): 2 Court Reporter: MR. JOSEPH RICKHOFF 3 Official Court Reporter 219 S. Dearborn St., Suite 1232 4 Chicago, Illinois 60604 (312) 435-5562 5 * * * * * * * * * * * * * * * * * * 6 PROCEEDINGS RECORDED BY 7 MECHANICAL STENOGRAPHY TRANSCRIPT PRODUCED BY COMPUTER 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case: 1:16-cv-05486 Document #: 207 Filed: 01/17/18 Page 3 of 7 PageID #:5269 3 1 THE CLERK: 16 C 5486, Viamedia vs. Comcast. 2 MS. SEARS CODER: Good morning, your Honor, Sally 3 Sears Coder from Jenner & Block, along with Art Burke and 4 David Toscano from Davis Polk, on behalf of the defendants. 5 THE COURT: Good morning. 6 MR. HO: Good morning, your Honor, Derek Ho from 7 Kellogg, Hansen on behalf of Viamedia. 8 THE COURT: Good morning. 9 MR. PRENDERGAST: Good morning, your Honor, Richard 10 Prendergast also on behalf of Viamedia. 11 THE COURT: Good morning, Mr. Prendergast. 12 You are here for status. You have dates coming up. 13 What is the status, and what is the status of your 14 expert discovery, which closed on January 5th? Did you 15 complete everything? 16 MS. SEARS CODER: Yes. 17 Your Honor, last week one of plaintiff's experts 18 filed a revised report and then the depositions were 19 concluded. There is still evaluation of the revised expert 20 report going on, given the timing of its service. But for the 21 most part, expert discovery is closed. And, then, all the 22 experts have at least been deposed at this point. 23 THE COURT: Okay. 24 Do you agree with that, Mr. Ho? 25 MR. HO: Yes. Case: 1:16-cv-05486 Document #: 207 Filed: 01/17/18 Page 4 of 7 PageID #:5269 4 1 I would also add that one of the defendants' experts 2 also submitted a revised report. So, there's been revision on 3 both sides along the way. 4 THE COURT: Was that expert deposed -- 5 MR. HO: Yes. 6 THE COURT: -- based on the revisions, as well? 7 MR. HO: No. The expert revisions were served after 8 the expert was deposed. 9 THE COURT: Okay. 10 MR. HO: So, there are some sort of loose ends, but 11 for the most part, we do agree that the expert discovery is 12 behind us. 13 THE COURT: You have a Daubert motion deadline of 14 January 24th. 15 Do you anticipate filing Daubert motions? 16 MS. SEARS CODER: We do, your Honor. 17 THE COURT: Do you? 18 MR. HO: We may. We haven't made a final 19 determination on that. 20 THE COURT: Okay. 21 And a dispositive motion deadline of March 1st. 22 Do you plan on filing a dispositive motion? 23 MS. SEARS CODER: Yes, your Honor, we do. 24 MR. HO: The same for us as the Daubert motions. 25 We're still evaluating. Case: 1:16-cv-05486 Document #: 207 Filed: 01/17/18 Page 5 of 7 PageID #:5269 5 1 THE COURT: Okay. 2 MS. SEARS CODER: Your Honor, prior to court today, 3 the parties had been meeting and conferring about briefing 4 schedules and page limits. We were meeting right before the 5 hearing. 6 Do you have any information yet? 7 MR. HO: Yeah. We can agree to the proposal that you 8 made. 9 THE COURT: If you are not sure, you could also call 10 Katie later on today. Whatever your preference is. 11 MS. SEARS CODER: Okay. 12 MR. HO: Would it be okay if the parties submitted a 13 proposed schedule, both on page limitations and on -- 14 THE COURT: Absolutely. 15 MR. HO: -- time? 16 THE COURT: And I am fine giving you more pages. I 17 am fine with that. And if your schedule is reasonable, I will 18 put it in place. I am fine with that, as well. 19 MS. SEARS CODER: Okay. Thank you, your Honor. 20 One thing we just wanted to flag before we submit our 21 agreed schedule is that we were discussing pushing back the 22 due date for the motion for summary judgments just by a couple 23 of weeks. But we don't think this will materially impact the 24 schedule. 25 THE COURT: Just include, please, in your proposed Case: 1:16-cv-05486 Document #: 207 Filed: 01/17/18 Page 6 of 7 PageID #:5269 6 1 schedule the proposed summary judgment deadline. I do not 2 mind moving that back a few days either -- or a few weeks, 3 whatever -- 4 MS. SEARS CODER: Terrific. 5 THE COURT: -- might make sense. 6 And settlement, everything on hold there at the 7 moment? 8 MR. BURKE: You know, there was mediation at the end 9 of last year, your Honor, that was not successful. Judge 10 Denlow has been in touch with the parties and he's been very 11 persistent, which we appreciate. I don't think there's really 12 been any progress however. 13 THE COURT: Okay. Well, you are working with Judge 14 Denlow, and if you need to go back before him, I am sure he 15 will be happy to see you again. So, you can just reach out to 16 him. Otherwise, we will keep moving forward here. 17 I will give you another status. Why don't you come 18 back in mid-March. I may adjust that depending on what the 19 briefing schedule is and if I need to see you, but for now, I 20 will set it for mid-March. 21 THE CLERK: March 12th at 8:30. 22 THE COURT: If you do file any Daubert challenges, 23 please make sure that you attach to the motion -- I like the 24 full expert report, as well as the full deposition transcript. 25 If you need to file it under seal, you can file it under seal. Case: 1:16-cv-05486 Document #: 207 Filed: 01/17/18 Page 7 of 7 PageID #:5269 7 1 But I do like to have both of those, please. 2 MR. HO: Understood. 3 THE COURT: Okay. 4 MS. SEARS CODER: Thank you, your Honor. 5 MR. HO: Thank you, your Honor. 6 THE COURT: Anything else? 7 (No response.) 8 THE COURT: Mr. Prendergast, you are very quiet 9 today? 10 MR. PRENDERGAST: Yes. Behaving myself. 11 (Laughter.) 12 THE COURT: We will note that for the record. 13 I will see you in March. 14 MR. PRENDERGAST: Thank you. 15 MR. HO: Thank you, your Honor. 16 MS. SEARS CODER: Thank you. 17 * * * * * 18 19 I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. 20 21 /s/ Joseph Rickhoff January 17, 2018 22 Official Court Reporter 23 24 25