Viamedia, Inc. v. Comcast Corporation et al

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

TRANSCRIPT OF PROCEEDINGS held on 11/2/17 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 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 #: 206 Filed: 01/17/18 Page 1 of 4 PageID #:5265 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) COMCAST SPOTLIGHT, INC.,) Chicago, Illinois 7) November 2, 2017 Defendants.) 9:01 o'clock a.m. 8 TRANSCRIPT OF PROCEEDINGS - STATUS 9 BEFORE THE HONORABLE AMY J. ST. EVE 10 APPEARANCES: 11 For the Plaintiff: KELLOGG, HANSEN, TODD, FIGEL & FREDERICK, PLLC 12 BY: MR. MR. DEREK T. HO 1615 M Street, NW, Suite 400 13 Washington, D.C. 20036 14 RICHARD J. PRENDERGAST, LTD. BY: MR. RICHARD J. PRENDERGAST 15 111 W. Washington St., Suite 1100 Chicago, Illinois 60602 16 For the Defendants: JENNER & BLOCK, LLP 17 BY: MR. DANIEL T. FENSKE 353 North Clark Street 18 Chicago, Illinois 60654 19 Court Reporter: MR. JOSEPH RICKHOFF Official Court Reporter 20 219 S. Dearborn St., Suite 1232 Chicago, Illinois 60604 21 (312) 435-5562 22 * * * * * * * * * * * * * * * * * * 23 PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY 24 TRANSCRIPT PRODUCED BY COMPUTER 25 Case: 1:16-cv-05486 Document #: 206 Filed: 01/17/18 Page 2 of 4 PageID #:5265 2 1 THE CLERK: 16 C 5486, Viamedia vs. Comcast. 2 THE COURT: Good morning. 3 MR. FENSKE: Good morning, your Honor, Dan Fenske for 4 the Comcast defendants. 5 MR. PRENDERGAST: Good morning, your Honor, Richard 6 Prendergast and Derek Ho on behalf of Viamedia. 7 THE COURT: Good morning. 8 You are here for status. 9 I know you had a mediation sometime earlier this week 10 with Magistrate Judge Denlow. 11 What is the status? 12 MR. PRENDERGAST: Your Honor, that mediation lasted 13 all day, represented by counsel from New York, Washington and 14 Chicago, and also the principal people at both companies. So, 15 we had everybody present. Judge Denlow did his usual very 16 thorough job. Unfortunately, we did not reach a resolution. 17 THE COURT: Okay. 18 You have your dates then going forward. I recently 19 moved out discovery for third parties. So, you have that 20 date. You have your other expert dates in place. It looks 21 like you should be in expert discovery already. 22 Have you exchanged expert reports? 23 MR. FENSKE: Yes, your Honor. We exchanged opening 24 reports on October 16th, and rebuttal reports are due November 25 30th. Case: 1:16-cv-05486 Document #: 206 Filed: 01/17/18 Page 3 of 4 PageID #:5265 3 1 THE COURT: Great. 2 So, we will keep moving forward. Expert discovery 3 closes January 5th, and then your Dauberts are due January 4 24th. 5 Do you have any plans to go back to Judge Denlow? 6 Are you going to go back for any further mediation? 7 MR. PRENDERGAST: Judge Denlow's practice, as you may 8 know, is to not let go. So, I'm sure he will be contacting us 9 for progress, if we've made any, and to the extent that we 10 think that it would be helpful. We were pretty far apart by 11 the time we left. So, I do not want to create any false 12 optimism. But given that Judge Denlow is involved, he hangs 13 on pretty tight. 14 THE COURT: Okay. 15 Well, you have your dates. We will keep moving 16 forward. 17 Expert discovery closes January 5th. Why don't you 18 come back shortly after that, and we will just touch base on 19 where you are before Dauberts if you are going to file any. 20 THE CLERK: January 10th at 8:30. 21 THE COURT: Does that work okay? 22 MR. PRENDERGAST: That's for status, your Honor? 23 THE COURT: Yes, just for a status. 24 MR. FENSKE: That's fine, your Honor. 25 MR. PRENDERGAST: Thank you very much. Case: 1:16-cv-05486 Document #: 206 Filed: 01/17/18 Page 4 of 4 PageID #:5265 4 1 THE COURT: Anything else? 2 MR. HO: Thank you. 3 THE COURT: Thank you. 4 MR. FENSKE: Thank you, your Honor. 5 * * * * * 6 7 I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. 8 9 /s/ Joseph Rickhoff January 8, 2018 10 Official Court Reporter 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25