Trademark v A&E Update – July 2008Posted: July 13, 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.
- 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.