UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

 ) 

LARRY G. PHILPOT, ) 

 ) Case No. 3:15-cv-00145 JD-CAN 

Plaintiff, ) 

 ) 

v. ) 

 ) 

GRAY TELEVISION, INC., ) Judge Jon E. DeGuilio 

 ) Magistrate Judge Christopher A. 

 Defendant. ) Nuechterlein 

____________________________________)_____________________________________ 

 ) 

GRAY TELEVISION GROUP, INC., ) 

 ) 

 Third-Party Plaintiff, ) 

 ) 

 v. ) 

 ) 

MULTIMEDIA GRAPHIC NETWORK, )

INC. d/b/a MGN Online, ) 

 ) 

 Third-Party Defendant. ) 

NOTICE OF MOTION 

TO: ATTACHED SERVICE LIST 

 PLEASE TAKE NOTICE that, on October 8, 2015, Gray Television Group, Inc. filed its 

Unopposed Motion to Extend Pre-Trial Deadlines, a copy of which is hereby served upon you. 

As set forth in Local Rule 7.1, any party in opposition to such motion has fourteen (14) days 

after service to file an objection. 

GRAY TELEVISION GROUP, INC. 

By: /s/ Robert J. Labate 

One of Its Attorneys 

Michael P. O’Neil 

Taft Stettinius & Hollister LLP 

One Indiana Square, Suite 3500 

Indianapolis, Indiana 46204-2023 

Tel: (317) 713-3500 

Fax: (317) 713-3699 

USDC IN/ND case 3:15-cv-00145-JD-CAN document 49 filed 10/08/15 page 1 of 6
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Charles D. Tobin 

Richard A. Bixter, Jr. 

Robert J. Labate 

HOLLAND & KNIGHT LLP 

131 S. Dearborn St., 30th Floor 

Chicago, Illinois 60603 

Telephone: (312) 263-3600 

Fax: (312) 578-6666 

USDC IN/ND case 3:15-cv-00145-JD-CAN document 49 filed 10/08/15 page 2 of 6
UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

 ) 

LARRY G. PHILPOT, ) 

 ) Case No. 3:15-cv-00145 JD-CAN 

Plaintiff, ) 

 ) 

v. ) 

 ) 

GRAY TELEVISION, INC., ) Judge Jon E. DeGuilio 

 ) Magistrate Judge Christopher A. 

 Defendant. ) Nuechterlein 

____________________________________)_____________________________________ 

 ) 

GRAY TELEVISION GROUP, INC., ) 

 ) 

 Third-Party Plaintiff, ) 

 ) 

 v. ) 

 ) 

MULTIMEDIA GRAPHIC NETWORK, )

INC. d/b/a MGN Online, ) 

 ) 

 Third-Party Defendant. ) 

UNOPPOSED MOTION TO EXTEND PRE-TRIAL DEADLINES 

NOW COMES Defendant, Gray Television Group, Inc. (“Defendant”), and files this 

Motion to extended certain discovery and other pre-trial deadlines, and respectfully states: 

1. On August 24, 2015 [Dkt. No. 46], this Court entered an Order setting November 

5, 2015 as the deadline for all discovery to be conducted in this case pursuant to Federal Rules of 

Civil Procedure 26 through 37. The Scheduling Order also sets October 9, 2015 as the deadline 

for Defendant to file and serve its expert reports pursuant to Federal Rule of Civil Procedure 

26(a)(2). 

2. Defendant and Plaintiff are engaged in written discovery, however, the parties are 

hesitant to conduct depositions until this Court rules on Defendant’s motion seeking authority to 

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serve Multimedia Graphic Network, Inc. (“MGN”) with a third-party complaint [Dkt. No. 48] (the 

“Third-Party Complaint”). 

3. The Third-Party Complaint alleges that MGN licensed the Nelson Photo to 

Defendant and that MGN is liable for any judgment against Defendant returned in favor of 

Plaintiff. Accordingly, the Third-Party Complaint is based on substantially similar facts and 

circumstances as those asserted in Plaintiff’s complaint against Defendant herein. 

4. If MGN is joined as a party, it likely will want to conduct written discovery and to 

participate in depositions taken by Plaintiff and Defendant. 

5. Additionally, in its Answer and Affirmative Defenses [Dkt No. 32], Defendant 

asserts that its use of the Nelson Photo is protected “fair use” pursuant to 17 U.S.C. § 107. 

Defendant’s “fair use” defense likely will include expert analysis of the effect on the market by 

Defendant’s use of the Nelson Photo. See Kienitz v. Sconnie Nation LLC, 766 F.3d 756 (7th Cir. 

2014). 

6. Plaintiff and Defendant anticipate submitting an Agreed Protective Order to protect 

from disclosure certain license and settlements that Plaintiff has entered into with regard to the 

Nelson Photo and any information produced by Defendant that is deemed confidential. Until entry 

of such Protective Order and receipt of Plaintiff’s licenses and settlements, Defendant will not be 

able to determine whether retention of an expert is required, and such expert will not have 

sufficient time to submit such report, if any, to Plaintiff. 

7. Accordingly, Defendant request extension of the discovery deadline in this case and 

extension of the deadline for Gray to submit its expert reports. 

8. The undersigned has discussed this matter with counsel for Plaintiff, who has no 

objection to the relief requested by this Motion. 

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WHEREFORE, Defendant Gray Television Group, Inc. respectfully requests that this 

Court enter an Order (a) extending the discovery deadline for Gray and Philpot until December 

31, 2015; (b) extending the deadline for Gray to file and serve its experts’ reports until November 

30, 2015; and (c) for any other relief that this Court deems just and proper. 

DATE: October 8, 2015 Respectfully submitted, 

GRAY TELEVISION GROUP, INC. 

By: /s/ Robert J. Labate 

One of Its Attorneys 

Michael P. O’Neil 

Taft Stettinius & Hollister LLP 

One Indiana Square, Suite 3500 

Indianapolis, Indiana 46204-2023 

Tel: (317) 713-3500 

Fax: (317) 713-3699 

Charles D. Tobin 

Richard A. Bixter, Jr. 

Robert J. Labate 

HOLLAND & KNIGHT LLP 

131 S. Dearborn St., 30th Floor 

Chicago, Illinois 60603 

Telephone: (312) 263-3600 

Fax: (312) 578-6666 

 

USDC IN/ND case 3:15-cv-00145-JD-CAN document 49 filed 10/08/15 page 5 of 6
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CERTIFICATE OF SERVICE 

I, an attorney, certify under penalty of perjury that on October 8, 2015 a copy of the 

foregoing Gray Television Group, Inc.’s Motion to Extend Discovery Deadlines was served upon 

all counsel of record consenting to service through this Courts CM/ECF system: 

Jacob R Cox 

Cox Law Office 

1606 N Delaware St 

Indianapolis, IN 46202 

 /s/ Richard A. Bixter, Jr. 

#37439587_v3

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