Viamedia, Inc. v. Comcast Corporation et al

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

TRANSCRIPT OF PROCEEDINGS held on 11/14/16 before the Honorable Amy J. St. Eve. Court Reporter Contact Information: Joseph Rickhoff, 312-435-5562, joseph_rickhoff@ilnd.uscourts.gov. <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 www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 1/4/2017. Redacted Transcript Deadline set for 1/17/2017. Release of Transcript Restriction set for 3/14/2017.

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Case: 1:16-cv-05486 Document #: 48 Filed: 12/14/16 Page 1 of 8 PageID #:345 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) November 14, 2016 8 Defendants.) 8:40 o'clock a.m. 9 TRANSCRIPT OF PROCEEDINGS - STATUS 10 BEFORE THE HONORABLE AMY J. ST. EVE 11 APPEARANCES: 12 13 For the Plaintiff: MAYER BROWN, LLP BY: MR. MARK W. RYAN 14 1999 K Street N.W. Washington, D.C. 20006 15 MAYER BROWN, LLP 16 BY: MS. BRITT M. MILLER 71 South Wacker Drive 17 Chicago, Illinois 60606 18 For the Defendants: DAVIS, POLK & WARDWELL 19 BY: MR. ARTHUR BURKE MR. DAVID B. TOSCANO 20 450 Lexington Street New York, NY 10017 21 JENNER & BLOCK, LLP 22 BY: MR. ROSS B. BRICKER MS. SALLY K. SEARS CODER 23 353 North Clark Street Chicago, Illinois 60654 24 25 Case: 1:16-cv-05486 Document #: 48 Filed: 12/14/16 Page 2 of 8 PageID #:345 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 * * * * * * * * * * * * * * * * * * 7 PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY 8 TRANSCRIPT PRODUCED BY COMPUTER 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case: 1:16-cv-05486 Document #: 48 Filed: 12/14/16 Page 3 of 8 PageID #:345 3 1 THE CLERK: 16 C 5486, Viamedia vs. Comcast. 2 MR. RYAN: Good morning, your Honor, my name is Mark 3 Ryan. I'm here on behalf of Viamedia. I'm with Britt Miller 4 of Mayer, Brown, as well. 5 THE COURT: Good morning. 6 MS. MILLER: Good morning. 7 MS. SEARS CODER: Good morning, your Honor, Sally 8 Sears Coder and Ross Bricker from Jenner & Block with Arthur 9 Burke and David Toscano from Davis, Polk on behalf of 10 defendants. 11 THE COURT: Good morning. 12 MR. BRICKER: Good morning. 13 THE COURT: You are here for your initial status 14 before the Court this morning. I did receive what you have 15 titled a joint status report. When you do not agree on 16 deadlines, you get the ones that I give to you. 17 So, Rule 26(a)(1)'s, you have already exchanged; is 18 that correct? 19 MS. MILLER: Yes, your Honor. 20 THE COURT: Okay. So, those have already been 21 exchanged. 22 Does ViaMedia plan on filing an amended complaint and 23 amending, as I had given you leave to do in the Court's last 24 order? Do you plan on amending at all? 25 MR. RYAN: We believe so, your Honor. We haven't Case: 1:16-cv-05486 Document #: 48 Filed: 12/14/16 Page 4 of 8 PageID #:345 4 1 made that final decision. It's due a week from today. So, I 2 think the answer to that is probably yes, but we're not a 3 hundred percent certain yet. 4 THE COURT: Okay. 5 So, those deadlines are in place if you plan on doing 6 it. 7 MR. RYAN: Yeah. 8 THE COURT: The initial written discovery should be 9 issued by November 14th. I think that was your proposal. 10 That was the one thing you agreed on. 11 A protective order. You should file an agreed 12 protective order by November 30th. Please take a look at -- 13 you said you may have issues on it, that may hold up 14 production of documents in this district. That should not. 15 Look at Local Rule Form 26.2, I think it is, which essentially 16 lays out what the protective order should look like. 17 To the extent you cannot agree on it -- I certainly 18 hope you can on something that simple. To the extent that you 19 cannot, you can file -- the plaintiff should file -- a motion 20 for protective order. Hopefully, you can agree. That should 21 be done by November 30th. 22 Then you should exchange the relevant DOJ documents 23 by December 4th. So, start getting those together. 24 Fact discovery, based on your representations on what 25 it is going to take here, will close on May 26th. That gives Case: 1:16-cv-05486 Document #: 48 Filed: 12/14/16 Page 5 of 8 PageID #:345 5 1 you roughly four-and-a-half, five months for depositions after 2 discovery responses are due. 3 Your burden-of-proof expert reports are due June 4 16th; any rebuttal expert reports should be exchanged by July 5 28th; and, expert will close August 25th. Any Daubert 6 challenges to experts, September 22nd. And dispositive 7 motions are due September 29th. 8 What about settlement? This is certainly not going 9 to be a cheap case going forward. Is there any interest in 10 going to see Magistrate Judge Finnegan, who is excellent, for 11 a settlement conference or is that premature? 12 MR. RYAN: It's probably premature, your Honor, but 13 it's certainly something that we're likely to be interested in 14 in the future. 15 THE COURT: What about from defendants' perspective? 16 MR. BRICKER: We always have a line of communication 17 open, your Honor. We'll certainly be conferring with our 18 client about that issue going forward. 19 THE COURT: I am going to direct you before you come 20 back to do that. Please have discussions about settlement and 21 when you come back next year -- and I will give you a date -- 22 when you come back, you can let me know if there is any 23 interest in going to see Magistrate Judge Finnegan. Keep in 24 mind that from the date I refer, it will likely take probably 25 two months to get in. Case: 1:16-cv-05486 Document #: 48 Filed: 12/14/16 Page 6 of 8 PageID #:345 6 1 Now, I know Judge Finnegan is a former Mayer, Brown 2 partner. I do not know if she is recused. 3 MS. MILLER: She does not automatically recuse 4 anymore, your Honor. 5 THE COURT: Okay. She has been in place for a while, 6 so the time period has passed. 7 But she is excellent. So, if you are interested or 8 have any interest in trying to sit down at the table and see 9 if you can resolve this, I would strongly recommend that you 10 consider that. 11 Also, as you probably know, I worked at Davis, Polk 12 years ago. It does not impact anything I do. But just for 13 purposes of the record -- 14 MR. RYAN: Thank you, your Honor. 15 THE COURT: -- I worked there. It has been a while, 16 though. 17 Anything else for the Court? 18 MS. MILLER: Your Honor, may I ask two clarifying 19 questions real quick? 20 THE COURT: You may. 21 MS. MILLER: You had said initial discovery requests 22 should be served by today. I think we agreed that they could 23 be served any point after today. 24 THE COURT: You should try to -- I thought you were 25 saying get them out today. If they are not ready to go and Case: 1:16-cv-05486 Document #: 48 Filed: 12/14/16 Page 7 of 8 PageID #:345 7 1 you want me to give you some extra time -- 2 MS. MILLER: That would be great. 3 THE COURT: Okay. 4 MS. MILLER: Shouldn't need more than a week. 5 THE COURT: November 21st, then, to issue your 6 initial written discovery. 7 MS. MILLER: And, then, one other clarifying 8 question. The December 4th date, is that an exchange of the 9 full DOJ productions of both parties? 10 THE COURT: I have indicated relevant documents 11 because I do not know everything that is there. And there was 12 a dispute as to whether or not what was produced to DOJ was 13 broader than what is at issue in this case. I do not know the 14 answer to that. But I am hoping you can figure that out. 15 MR. BRICKER: I think the parties can meet and confer 16 about that issue and I think we can resolve it, your Honor. 17 THE COURT: Okay. Good. 18 MS. MILLER: Those were my only questions. Thank 19 you, your Honor. 20 THE COURT: Anything else? 21 Anything from the defense? 22 (No response.) 23 THE COURT: January 16th, please, at 8:30 we will 24 have another status -- wait. It is a holiday, I am told. 25 January 17th at 8:30 we will have another status. I Case: 1:16-cv-05486 Document #: 48 Filed: 12/14/16 Page 8 of 8 PageID #:345 8 1 am going to direct you, pursuant to Rule 26(f), before you 2 come back to meet and confer and have some settlement 3 discussions, and we will revisit the question of whether or 4 not you would like to go see Magistrate Judge Finnegan. 5 MS. MILLER: Thank you, your Honor. 6 MR. BRICKER: Thank you, your Honor. 7 MR. RYAN: Thank you, your Honor. 8 * * * * * 9 10 I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. 11 12 /s/ Joseph Rickhoff December 2, 2016 13 Official Court Reporter 14 15 16 17 18 19 20 21 22 23 24 25