Viamedia, Inc. v. Comcast Corporation et al

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

TRANSCRIPT OF PROCEEDINGS held on 5/18/17 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 7/11/2017. Redacted Transcript Deadline set for 7/21/2017. Release of Transcript Restriction set for 9/18/2017.

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Case: 1:16-cv-05486 Document #: 148 Filed: 06/20/17 Page 1 of 6 PageID #:4014 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) May 18, 2017 8 Defendants.) 8:33 o'clock a.m. 9 TRANSCRIPT OF PROCEEDINGS - MOTION 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 MR. KENNETH M. FETTERMAN 15 1615 M Street, NW, Suite 400 Washington, D.C. 20036 16 RICHARD J. PRENDERGAST, LTD. 17 BY: MR. MR. MICHAEL T. LAYDEN 111 W. Washington St., Suite 1100 18 Chicago, Illinois 60602 19 For the Defendants: DAVIS, POLK & WARDWELL 20 BY: MR. ARTHUR BURKE MR. DAVID B. TOSCANO 21 450 Lexington Street New York, New York 10017 22 JENNER & BLOCK, LLP 23 BY: MS. SALLY K. SEARS CODER 353 North Clark Street 24 Chicago, Illinois 60654 25 Case: 1:16-cv-05486 Document #: 148 Filed: 06/20/17 Page 2 of 6 PageID #:4014 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 #: 148 Filed: 06/20/17 Page 3 of 6 PageID #:4014 3 1 THE CLERK: 16 C 5486, Viamedia vs. Comcast 2 Corporation. 3 MR. LAYDEN: Good morning, your Honor. 4 MS. SEARS CODER: Good morning, your Honor, Sally 5 Sears Coder, David Toscano and Arthur Burke for defendants. 6 MR. LAYDEN: Good morning, your Honor, Mike Layden on 7 behalf of the plaintiff, with Ken Fetterman and Derek Ho. 8 THE COURT: Good morning. 9 You are here this morning on defendants' motion to 10 compel. I also -- I see you have been busy -- have your 11 response that was filed sometime late yesterday and your reply 12 that was filed even later. 13 I am not ready to substantively address this or rule 14 on this issue this morning, because I need to go through your 15 briefing and the case law on this somewhat novel issue. 16 While you are here, I have a question for the 17 plaintiffs. 18 Mr. Layden, I have not gone through all of the 19 attachments yet to your response, but were these documents 20 that you are claiming privilege on shared with third-party 21 financers who Viamedia did not retain or did not receive 22 financing from? 23 MR. LAYDEN: I'll let Mr. Ho address that, if that's 24 okay, your Honor. 25 MR. HO: Both, your Honor. They were shared with Case: 1:16-cv-05486 Document #: 148 Filed: 06/20/17 Page 4 of 6 PageID #:4014 4 1 three prospective funders, of which one ultimately did fund. 2 THE COURT: Okay. 3 And the other two did not? 4 MR. HO: Correct. 5 THE COURT: Did you have -- and maybe you have 6 attached this to your response. Did you have agreements with 7 each of the three third parties with respect to those 8 documents? 9 MR. HO: Non-disclosure agreements, yes. 10 THE COURT: Was it the same agreement with respect to 11 each of the three? 12 MR. HO: No, because each funder has their own 13 version of the NDA. 14 THE COURT: Okay. 15 I assume you have attached those, although -- 16 MR. HO: We have. 17 THE COURT: Okay. I will take them up then. 18 While you are here, since you have come in, is there 19 anything in terms of status? 20 You have another status in early June, but is there 21 anything you need the Court to take up today or anything else 22 you want to apprise the Court of. 23 MR. BURKE: I don't think so, your Honor. 24 MR. FETTERMAN: Just one thing, your Honor. 25 THE COURT: Yes. Case: 1:16-cv-05486 Document #: 148 Filed: 06/20/17 Page 5 of 6 PageID #:4014 5 1 MR. FETTERMAN: Last time we were here, you ordered 2 the defendants to produce documents from the Glaberson case. 3 You may recall that. They produced two documents. It was 18 4 pages. 5 We've asked them to confirm that that's everything 6 they intend to produce. They did. We're going to follow up 7 with them about that. 8 So, we may be back on that issue. 9 THE COURT: Is that everything, Ms. Coder? 10 You have to answer. 11 MS. SEARS CODER: That's correct. I'm sorry. 12 THE COURT: Joe cannot take that down. 13 MS. SEARS CODER: That's correct. 14 And, I mean, we have probably more meeting and 15 conferring to do on this to make sure each side is clear in 16 their positions. But when Mr. Burke addressed this last time 17 we were here, I think it was pretty clear from the record that 18 it was just the couple of documents that were produced that 19 were at issue that they had requested in their letter. And I 20 think there's a disagreement about the scope of perhaps what 21 their request and your order was. 22 THE COURT: It sounds like you have a little more 23 meeting and conferring to do, then, on the scope. 24 MR. BURKE: I think that's right, your Honor. 25 There are a number of other issues percolating, which Case: 1:16-cv-05486 Document #: 148 Filed: 06/20/17 Page 6 of 6 PageID #:4014 6 1 we hope not to burden you with, but which may come to your 2 attention in the near term. 3 THE COURT: While you are all here and if you have 4 other issues, I would suggest you go out in my 5 attorney/witness room and spend some time together and see if 6 you can narrow or resolve some of those issues. And if you 7 need to come back in, I am here this morning. You can always 8 come back into court. 9 MR. BURKE: Okay. 10 THE COURT: I am going to keep your June 9th date. 11 MR. LAYDEN: Thank you. 12 MR. HO: Thank you. 13 MR. LAYDEN: Thank you, your Honor. 14 * * * * * 15 16 I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. 17 18 /s/ Joseph Rickhoff May 22, 2017 19 Official Court Reporter 20 21 22 23 24 25