IN THE UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIItE

J & J SPORTS PRODUCTIONS, INC., as

Broadcast Licensee of the December 8, 2007

Mayweather/Hatton Program

Plaintiff,

. V.

JOHN E. BADASARIAN and JOHNNY

BAD'S SPORTS BAR & GRILLE, LL C

Defendants,

PROPOSED DISCOVERY PLAN

Fed. R. Civ. P. 26(t)

APprovetl and atloptetl as apretrlal schetlutlng orUer. Trial u/-, .1 .0c

DATE/PLACE OF CONFERENCE : Pretrial Conference set for June 9, 2008 . Counsel

for the parties conferred by phone on June 2, 2008 .

COUNSEL PRESENT/REPRESENTING:

Julie Cohen Lonstein, Esquire for the Plaintiff

Michael J. Sheehan, Esquire, Local Counsel for Plaintiff

Roy Tilsley, Esquire for the Defendants

CASE SUMMARY

THEORY OF LIABILITY:

Plain6ff, as Broadcast Licensee of the December 8, 2007, Mayweather/Ha tton Program,

alleges that defendants, without purchasing the right to intercept and exhibit the program

within their commercial establishment, unlawfully intercepted, received and/or descrambled the satellite signal for that program and showed the program to its patrons or

others for its commercial advantage . Plaintiff claims liability pursuant to 47 U.S .C. §553

et seq. and/or 47 U.S .C. §605 et seq. which prohibit the unauthorized interception and use

of such broadcasts.

THEORY OF DEFENSE: General denial of liability . The Plaintiff lacks standing to

bring a claim under 47 U.S.C. §553 dealing with unauthorized reception of cable service .

The Plaintiff lacks standing to bring a claim under 47 U .S.C . §605 as it is not a person

aggrieved as defined under the statute .

CIVIL ACTION NO.: 1 :08-cv-137-JM

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DAMAGES :

DEMAND : $10,000.00

OFFER: $1,500.00

COUNTER DEMAND: $7,500 .00

JURISDICTIONAL QUESTIONS: None known .

QUESTIONS OF LAW: Did the Plaintiff have proprietary rights in any intercepted

communication such that it is a person aggrieved entitled to civil remedies under 47

U.S.C. §605 . The parties reserve the ri ght to raise additional questions of law as are

necessary.

TYPE OF TRIAL : Issues to Court.

DISCOVERY

TRACK ASSIGNMENT : Standard 12-months

DISCOVERY NEEDED: Witness interviews, depositions, interrogatories, requests for

production, and requests for admission on issues relating to liability and damage s

MANDATORY DISCLOSURES (Fed.R.Civ.P.26(a)(I): Plaintiffhas se rved and

Defendants will exchange by July 3, 2008 .

COMPLETION OF DISCOVERY : October 1, 2008

INTERROGATORIES : A maximum of 20 interrogatories by each party to any other

party. Responses due 30 days after service unless otherwise agreed to pursuant to

Fed.R.Civ.P.29.

REQUESTS FOR ADMISSIONS : A maximum of 25 requests for admissions by each

party to any other party. Responses due 30 days a fter service unless otherwise agreed to

pursuant to Fed.R.Civ.P.29.

DEPOSITIONS: A maximum of 4 depositions by plaintiff and 4 by defendant . Each

deposition limited to a maximum of 2 hours unless extended by agreement of parties,

DATES OF DISCLOSURE OF EXPERTS AND EXPERTS' WRITTEN REPORTS

AND SUPPLEMENTATIONS :

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Plainfiff: August 1, 2008 Defendant: September 1, 2008

Supplementations under Rule 26(e) due within 15 days of receipt of material .

Advise the court whether the parties have slipulaled to a derent form ofespert report

than that specified in Fed. R. Civ. P. 26(a)(3). N/A

CHALLENGES TO EXPERT TESTIMONY [no later than 45 days p•ior to tria!]:

September 15, 2008

OTHER ITEMSJOINDER OF ADDITIONAL PARTIES:

Plaintiff: September 5, 2008 Defendant: September 4, 2008

THIRD PARTY ACTIONS: N/A

AMENDMENT OF PLEADINGS:

Plaintiff: September 15, 2008 Defendant: September 15, 200 8

DISPOSITIVE MOTIONS :

To Dismiss [no later than 90 days afier preliminarypretrial] : September 1, 2008

For Summary Judgment [no later than 120 days p•ior to trial date according to track] :

December 1, 200 8

SETTLEMENT POSSIBILITIES : Ongoing.

JOINT STATEMENT RE MEDL4TION: The parties shall indicate a date by which

mediation, ifany, will occur. October 1, 2008

WITNESS AND EXHIBITS : To be disclosed in accordance with Federal and Local

Rules of Procedure.

TRIAL ESTIMATE: I day

TRIAL DATE: April, 2009

PRELIMINARY PRETRIAL CONFERENCE : The parties request a telephonic

preliminary pretrial conference with the court before entry of the scheduling order.

OTHER MATTERS : None.

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Case 1:08-cv-00137-JM Document 12 Filed 06/17/08 Page 3 of 5
Respectfully submitted ,

Dated: June 3, 2008

J&J SPORTS PRODUCTIONS, INC.

By their attorneys,

LONSTEIN LAW OFFICE, P .C .

/s/ Julie Cohen Lonstein .

Julie Cohen Lonstein, Esquire

Attorney for Plaintiff

Lonstein Law Office, P.C.

Office and P.O. Address

1 Terrace Hill : P.O. Box 351

Ellenville, NY 12428

Telephone : (845) 647-8500

Facsimile : (845) 647-6277

Email: Info@signallaw.com

Our File No. 07-19NH-01 V

/s/ Michael J. Sheehan

Michael J. Sheehan, Esquire .

NH Bar # 659 0

58 Pleasant Street

Concord, NH 03301

Telephone: (603) 225-5240

Facsimile : (603)225-8333

Email: msheehan@usa .net

JOHN E. BADASARIAN and JOHNNY

BAD'S SPORTS BAR & GRILLE, LLC

By their attorneys,

BERNSTEIN, SHUR, SAWYER &

NELSON

Dated: June 3, 2008 /s/ Roy W. Tilsiey. Jr.

Roy W. Tilsley, Jr., Esquire

NH Bar # 940 0

Bernstein Shur

P.O. Box 1120

Manchester NH 03105-1120

Telephone: 603 .623 .8700

Fax 603 .623 .7775

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