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Last month, MLW filed a motion with The United States District Court, Northern District of California, requesting that the court shorten the time for the Initial Case Management Conference between the two sides, moving it up to 9/29. In that MLW noted that the Court had arranged for a Case Management Conference between the two sides, then moved it back to October. MLW stated in their motion that they cannot begin discovery (the gathering of facts, including requests for information from the other side) until that Case Management Conference is completed and have requested WWE sit down for a conference, but WWE had refused to budge, citing that there will be a ruling on whether the Court will side with WWE's Motion to Dismiss the lawsuit scheduled for 9/29.
MLW had asked the the Court push the Case Management Conference up to 9/29, citing that "MLW will suffer substantial harm and prejudice without the Court’s intervention because, under WWE’s interpretation of the Federal Rules, the Rule 26(f) conference would not be required to be held until October 6, 2022, more than four months after the motion to dismiss has been fully briefed. During this time, the parties will be foreclosed from conducting discovery." MLW also argued, "Moving the Initial Case Management Conference from October 27, 2022 to September 29, 2022 – the same date that the Court is set to hear oral argument on WWE’s motion to dismiss – would promote judicial efficiency and enable the parties to proceed with discovery more expeditiously."
Obviously, WWE argued against the movement and on 7/7, Judge Edward J. Davila ruled against MLW, handing down the following motion:
The Court, having considered Plaintiff MLW Media LLC’s (“MLW”) Motion To Shorten UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DENIED
[PROPOSED] ORDER REGARDING PLAINTIFF’S MOTION TO SHORTEN TIME FOR THE INITIAL CASE MANAGEMENT CONFERENCE
Time For The Initial Case Management Conference, the Declaration of Jason S. Takenouchi (“Takenouchi Declaration”) and Defendant’s response, GRANTS Plaintiff’s Motion.
The Initial Case Management Conference is reset for September 29, 2022, at 11:00 a.m.
The case schedule is amended as follows:
September 8, 2022 – Last day for Parties to (1) Meet and Confer re: initial disclosures, early settlement, ADR process selection, and discovery plan; and (2) file ADR Certification signed by Parties and Counsel
September 15, 2022 – Last day for Parties to File Stipulation/Motion for Order Changing Time re Initial Case Management Conference
September 19, 2022 – Last day for Parties to file Joint Case Management Statement, pursuant to the Court’s Standing Order for Civil Cases IV(B)
September 22, 2022 – Last day for Parties to file Rule 26(f) Report and complete Initial Disclosures or state objection in Rule 26(f) Report
September 22, 2022 – Last day for Parties to File and Serve Administrative Request to Appear Telephonically at Initial Case Management Conference
September 29 – Initial Case Management Conference
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