Parler seeks leave to file a reply memorandum in support of its motions to compel arbitration and to transfer plaintiff Jordan Copeland’s Telephone Consumer Protection Act complaint to U.S. District Court for Nevada, said the right-leaning social media platform in a filing Tuesday (docket 3:22-cv-21243) in U.S. District Court for Northern Florida in Pensacola.
Paul Gluckman
Paul Gluckman, Executive Senior Editor, is a 30-year Warren Communications News veteran having joined the company in May 1989 to launch its Audio Week publication. In his long career, Paul has chronicled the rise and fall of physical entertainment media like the CD, DVD and Blu-ray and the advent of ATSC 3.0 broadcast technology from its rudimentary standardization roots to its anticipated 2020 commercial launch.
The major studios, plus Netflix, seek a final default judgment against PrimeWire and its co-conspirators that includes $20.7 million in “maximum statutory damages” for willful infringement of 138 copyrighted works, said their motion Tuesday (docket 2:21-cv-09317) in U.S. District Court for Central California in Los Angeles. The court previously granted the studios partial default judgment for liability and permanent injunctive relief, leaving the question of money damages for a future motion.
The seven consumer plaintiffs in the class action to overturn T-Mobile’s Sprint buy on antitrust grounds “are not customers of T-Mobile, do not purchase T-Mobile services, and have no basis to complain about the quality of those services or T-Mobile’s prices,” said T-Mobile and SoftBank in their memorandum of law Monday (docket 1:22-cv-03189) in U.S. District Court for Northern Illinois in Chicago, in support of their joint motion to dismiss. The plaintiffs, all customers of AT&T or Verizon, allege the anticompetitive nature of the T-Mobile/Sprint combination in 2020 caused their own wireless rates to soar.
Nimitz Technologies need not worry that the records that Senior U.S. District Judge Colm Connolly for Delaware seeks for investigating third-party funding of Nimitz patent infringement lawsuits would publicly expose Nimitz’s financial secrets or violate attorney-client privilege, Connolly wrote the U.S. Appeals Court for the Federal Circuit Nov. 30, per an 81-page letter posted Monday (docket 23-103).
Parler’s entire argument behind its motion to transfer plaintiff Catherine Migliano’s Telephone Consumer Protection Act complaint to the U.S. District Court for Nevada (see 2211180050) “hinges on the conclusory premise” that Migliano agreed to “a purported forum selection clause” in the terms of service on the Parler website, said Migliano’s response in opposition Friday (docket 0:22-cv-61805) in U.S. District Court for Southern Florida in Fort Lauderdale.
AT&T’s agreement to pay a $6.25 million civil penalty to settle SEC allegations it and three of its investor relations executives violated the commission’s fair disclosure regulation (Regulation FD) (see 2210170044) took more than a month of negotiation and preparation before the proposed final judgments could be presented to U.S. District Judge Paul Engelmayer for Southern New York for approval, according to documents filed Friday (docket 1:21-cv-01951). AT&T’s consent to its final judgment was signed Oct. 26 by Assistant General Counsel Joseph Tocco before a notary public.
The 27 plaintiff-appellees in Verizon’s 9th Circuit appeal of a district court’s denial of its motion to compel arbitration seek a 65-day extension to Feb. 24 to file their answering brief, said their unopposed motion Thursday (docket 22-16020). The plaintiff-appellees don’t deny that arbitration terms existed in their customer agreements when they signed up for Verizon service, but U.S. District Judge Edward Chen for Northern California in San Francisco agreed with them in a July 1 order that the arbitration provisions were unconscionable and unenforceable.
Far from generating anticompetitive harm, as Epic Games’ Nov. 17 second amended complaint alleges, Android and Google Play “bring enormous benefits to developers and users -- and they do so at zero cost to users and minimal cost to developers in the vast majority of cases,” said Google’s answer and countersuit Thursday (docket 3:21-md-02981). Epic’s suit “threatens to undermine, rather than enhance, the very competition that has brought these benefits,” it said.
Communications and tech industry members of the Computer & Communications Industry Association, the High Tech Inventors Alliance and the Alliance for Automotive Innovation often find themselves the targets of “baseless suits” funded by third parties “in exchange for a share of the suit’s recovery,” said the groups in an amicus brief Wednesday at the 5th Circuit U.S. Court of Appeals. They oppose the mandamus petition of Nimitz Technologies to vacate an order from Chief U.S. District Judge Colm Connolly for Delaware demanding that Nimitz produce by Dec. 8 a volume of documents showing how it’s financing its four patent infringement lawsuits against defendants Bloomberg, BuzzFeed, Cnet and Imagine Learning.
Good cause exists for the 5th Circuit U.S. Court of Appeals to grant Pasadena, Texas, a Level 1 deadline extension to Dec. 30 for filing the principal brief in its appeal to vacate a lower court’s Aug. 2 order granting summary judgment to Crown Castle, said the city’s 11th-hour motion Wednesday (docket 22-20454) about when the brief was due. Pasadena missed the deadline because its attention was focused on resolving the dispute with Crown Castle through a private mediator, said the city.