Trademark v A&E Update – July 2008

It has been some time since I last updated you on the status of the Trademark vs A&E litigation taking place in the US District Court in Charleston, SC. 

During this time, discovery has been taking place, with Judge Houck offering reasonable extensions of deadlines for the parties.  A&E expressed difficulty in obtaining discovery from Trademark, but the proablems appear to have been resolved.  There is no indication that mediation took place, though the parties did at least attempt to arrange same. 

The case is moving toward trial.  Discovery has been closed.  Motions were due on July 10, and jury selection is to be done by November 3.  Motions for summary judgment were filed by A&E and Departure Films on the 10th. The motions and their exhibits, however, were filed under seal.  Your humble webmaster will effort a copy of these documents as soon as possible.  As dispositive motions, these records should be available to the public.

Trademark did not file motions of their own, but will file their responses to the pending motions by July 28. 

New Documents:

  • Docket as of July 13, 2008
  • 11/30/2007 #71 MOTION to Compel Discovery Responses of Plaintiffs/Counterclaim Defendants and Memorandum in Support Thereof by Departure Films & A&E Television Networks
    • Exhibit A – Plaintiff’s Discovery Responses dated 11/8/06 and 12/27/06
    • Exhibit B – Plaintiff’s Supplemental Discovery Responses dated 03/2007
    • Exhibit C – 3/22/07 Letter from Richard Farrier to Frank Cisa
    • Exhibit D – 4/19/07 E-Mail from Richard Farrier to Frank Cisa
    • Exhibit E – 6/21/07 Letter from Richard Farrier to Frank Cisa
    • Exhibit F – 10/31/07 E-Mail from Robert Jordan to Frank Cisa
  • 12/19/2007 #72 ORDER denying Motion for Reconsideration; denying Motion for More Definite Statement on 12/19/07
  • 02/07/2008 #75 THIRD AMENDED SCHEDULING ORDER ADR Statement due by 3/14/2008, Amended Pleadings due by 3/14/2008, Discovery due by 3/14/2008, Motions due by 4/14/2008, Case ready for trial not later than 6/2/2008.
  • 03/14/2008 #77 ADR STATEMENT/CERTIFICATION by A&E Television Networks
  • 03/14/2008 #78 ADR STATEMENT/CERTIFICATION by Departure Films
  • 03/14/2008 #79 MOTION for Extension of Time to Complete Discovery or, in the Alternative, Motion to Compel by Departure Films, A&E Television Networks. Response to Motion due by 4/1/2008
    • Exhibit A– Materials Noticing Deposition of Mark Halloran
    • Exhibit B– Excerpts from 1/24/08 Deposition of Richard C. Davis
    • Exhibit C– Materials Noticing 2/20/08 Deposition of William Campbell
    • Exhibit D– Materials Noticing 3/21/08 Deposition of William Campbell
    • Exhibit E– 2/27/08 Email from Billy Campbell to Nelson Mullins
    • Exhibit F– 1/21/08 Letter from Thomas Whaley to Robert Jordan
    • Exhibit G– 1/31/08 Letter from Richard Farrier to Frank Cisa
    • Exhibit H– 1/14/08 Letter from Frank Cisa to Robert Jordan
    • Exhibit I– 1/28/08 Email from Frank Cisa to Robert Jordan
    • Exhibit J– 1/29/08 Subpoenas and Letters from Robert Jordan to Sprint Nextel and NuVox Communications
    • Exhibit K– Second Set of Interrogatories of Defendants/Counterclaim Plaintiff to Plaintiffs/Counterclaim Defendants
    • Exhibit L– 3/12/08 Email from Robert Jordan to Frank Cisa with proposed Fourth Amended Scheduling Order
  • 04/10/2008 #82 TRANSCRIPT (Unredacted) of telephone conference held on 4-1-08 before Judge C. Weston Houck
  • 06/27/2008 #85 FOURTH AMENDED SCHEDULING ORDER: Discovery is closed, Motions due by 7/10/2008, Jury Selection Deadline 11/3/2008.
  • 07/10/2008 #87 SEALED MOTION by A&E Television Networks. Response to Motion due by 7/28/2008
    • Exhibit #1 Memo in Support of Motion for Partial Summary Judgment
    • Exhibit #2 Affidavit Declaration of Nancy Dubuc
    • Exhibit #3 Affidavit Declaration of Andrew Lemaire
    • No proposed order
  • 07/10/2008 #88 SEALED MOTION by Departure Films. Response to Motion due by 7/28/2008
    • Exhibit #1 Memo in Support in Support of Motion for Summary Judgment
    • Exhibit #2 Affidavit Declaration of Max Weissman
    • No proposed order
  • 07/10/2008 #89 Sealed Document.
  • 07/10/2008 #90 Sealed Document.
    • Exhibit A- Excerpts from 3/8/07 Davis Deposition
    • Exhibit B- Excerpts from 3/9/07 Davis Deposition
    • Exhibit C- Excerpts from 1/24/08 Davis Deposition
    • Exhibit D- Excerpts from 3/16/07 Alexander Deposition
    • Exhibit E- Excerpts from 6/19/08 Halloran Deposition
    • Exhibit F- Amended Complaint
    • Exhibit G- Plaintiff’s Memorandum in Opposition to Defendants’ Motion for Summary Judgment
    • Exhibit H- Transcript of 6/6/07 Hearing
    • Exhibit I- Fourth Amended Scheduling Order
    • Exhibit J- Halloran Expert Report
    • Exhibit K- 12/19/07 Order

As mentioned above, I will be working to obtain copies of the sealed documents (including #87, 88, 89, and 90) in the coming days.

9 Comments on “Trademark v A&E Update – July 2008”

  1. Dave says:

    Thanks for the update. I figured there were extensions granted. There’s a bunch of us following this. As always your updates are appreciated.

  2. Brenda says:

    The update is greatly appreciated. I often wondered what happened to the show which appeared weekly under Flip that House and now The Real Estate Pros every so often. I hope they settle their differences (I vote for Richard) and bring the show back on a regular schedule. Richard should be compensated 50/50 and expenses paid since he creates the great show and A&E should hand it over.

  3. Greg says:

    I’d love to read more of Exhibit B, it cuts off right at the point of the discussion about Brad Pitt. I’d love to know what he has to do with this case.

  4. JEFF says:

    A&E is going to stomp Mr. Davis in court based arguments. It does TV production for a living and it must surely protect its interests with contracts favored to its positions WHEN DEALING WITH THE MAN/WOMAN OFF THE STREET. Only TV series veterans would know how to eliminate onerous features of a proposed contract. Plus, Mr. Davis hurts his credibility with his wandering responses to discovery questions (Exhibit B). Oh well, he seems to have plenty of money to pay for his legal fees and since his system is remarkable he’ll make the money back in no time. As an aside, I’m waiting eagerly to see a posting of all the Trademark Area Partners.

  5. Greg says:

    I am convinced there will be no “Area Partners.” I will be in Charleston next week for my annual trip (10+ years). I will be interested to see if the North Market office is still open, last year at this time there wasn’t much going on there. I also plan on stopping by the folly road office as I did last year. Last year there was a big sign that said Trademark Properties Global Headquarters Coming Soon in a big wooden lot just up from the current locations. The other interesting thing is their MLS listings… they have nothing going on?

  6. Patricia says:

    What is happening with the lawsuit?

  7. Greg says:

    I just got back from my annual trip to Charleston, SC. I took a walk up Market St to see if the Trademark office was still open, and to my surprise it was, or I should say it was still occupied, the store itself was not open. They had racks and racks of T-shirts with the area partners logos that say “Here we grow.” These were probably the same tshirts that were on the same racks last year. Unfortunately I did not get a chance to stop by the Folly Rd. Office. I too would like to hear where the suit stands.

  8. Steve says:

    Thanks for your update. I hear that there was an article in the Los Angeles Times today. Maybe you can post that on this site.

  9. Brandon says:

    Fri 14 Nov 2008-Fraud News

    The 2006 lawsuit against A&E by Richard Davis and Trademark Properties of the “Flip This House” reality show has concluded with a jury verdict.

    After five hours of deliberation, the jury awarded Davis $4 million.

    David alleged that he and A&E had a verbal agreement to split all revenue from Flip This House 50/50. After the conclusion of one season, A&E denied that they had a verbal agreement. Davis and his crew refused to film any further shows. A&E found crappy replacements, and Davis took the show to TLC, calling it “The Real Estate Pros.”
    Of course, A&E is saying they’ll appeal.

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