Professional Documents
Culture Documents
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7 )
UMG RECORDING, INC. ET AL, )
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PLAINTIFFS, )
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vs. ) No. CV07-6835-AHM(AJWx)
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DIVX, INC., ET AL., )
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DEFENDANTS. )
12 ___________________________________)
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18 1:38 P.M.
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22 _____________________________________
1 APPEARANCES OF COUNSEL:
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2 1:38 P.M.
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8 plaintiff UMG.
16 DivX.
9 that UMG would dismiss the entire action. That is not what the
22 unauthorized.
24 to say, well, never mind, that one's not part of this case.
3 relief counterclaims.
10 declaratory action.
17 firm.
5 report?
8 MR. KRAMER: They have not yet done so, Your Honor.
19 that you claim to own the copyright in that you know have been
20 infringed, right?
4 identified.
14 from now.
2 think will arise here. And I think this case may lend itself
4 that UMG has taken in parallel types of cases, but have you
9 trial.
17 to?
4 18 months.
6 ago approximately?
9 believe.
21 DivX?
24 what the discovery will demand, what the request will demand.
5 they knew, what they induced to have their users put on the
12 that's what you just said. Do you know what that would
13 encompass?
20 infeasible.
2 time trying to scope this out, but I got to tell you that I'm
6 to change the dates. And I will add to the dates that I'm
15 that?
2 identified thereafter.
8 THE COURT: That's just the day where you know what
13 day.
15 will be 17 weeks from today -- that's 119 days -- that UMG has
1 rolling discovery.
5 these dates.
5 proceed.
19 say, oh, yes, I see that you contend that it's this song, and
1 ability and that requirement that they specify the URL because
3 Am I not right?
5 forward.
11 Yes, I understand.
19 appear that I think it's been resolved, but I also don't want
22 Okay? You have a problem with the material you get on this
25 I'm gathering.
3 case.
11 practice.
15 consistent with the Copyright Act and Section 508, we'd like
2 necessary.
7 pleading.
10 contexts.
22 set the remaining dates, let's talk about this issue of the
1 been resolved.
12 product of Irell & Manella to the current lawyers from Arnold &
13 Porter. So they are not going to say, you know, "This is the
14 way we did it in that case. Irell said this is the best way we
15 should handle it, or this is the form and the format or the
17 discovery response."
22 to replace them.
2 to us.
11 did, but -- and maybe you don't, but if they say, "In order to
14 UMG not only that oral advice, but the form to do it, to me, it
15 wouldn't really affect the ultimate concerns, but you can't use
16 it in the sense that the people that you're dealing with, who
18 and the like, can't simply tell you what they did as a result
20 Irell gave.
23 again.
2 be dropped.
10 Irell, their -- the advice that they were given by Irell either
11 orally or in writing.
17 filed in the court. And then if you got a problem, see where
21 as an open matter.
8 sensibly here.
10 some kind of document from Mr. Johnston and he says, "Here are
11 the first ten works that were identified," okay, that are
22 sides.
12 works.
22 discovery.
17 They had estimated some more, but three weeks was our estimate.
23 June 29th. And adjust the -- and the last day for hand serving
25 expert discovery?
3 discovery and why it's critical, but let's do it. All right?
7 And that means the last day for serving motions will
14 take ten, but we'll set it for eight. You'll see why I think
20 outside mediation.
22 your report that you talked about settlement, and I know there
24 so I'm confident there will be one, but have you talked about a
25 mediator?
2 mediator, no.
9 think it's propitious and you have an available date from the
13 selected and what the date is that that person has set aside
18 Yes?
23 that the operation here has been shut down and was not in
9 but --
14 costly litigation.
15 after that?
22 THE COURT: Well, but you see "before you see their
24 Mr. Kramer that I don't want him to make, because we've got to
25 move it along, but I'll bet it's his thought that, you know,
4 and they're going to have to pay for half of it," and then we
9 be staged and stepped and it may mean more than one person --
10 how you can bring an end to this dispute fairly and timely.
11 Okay?
13 might as well happen -- and that doesn't mean that I'm just
21 you don't have the actual content of the website. I'll bet
24 going to set an earlier date than the one I set, but I am going
3 respective clients.
5 needed to.
10 (Proceedings concluded.)
11 --oOo--
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