United States District Court, D. Maryland
HOFLAND & TOMSHEK BY BRADLEY HOFLAND, ESQ., QUISENBERRY
LAW PLLC BY C. DALE QUISENBERRY, ESQ. ATTORNEYS FOR PLAINTIFF
FEARS & SCHUTTERT LLP BY CHAD R. FEARS, ESQ., ALEXANDRIA
L. LAYTON, ESQ. THOMAS & LIBOWITZ, P.A. BY ANDREW K.
O'CONNELL ATTORNEY FOR DEFENDANTS
JOINT STIPULATION TO TRANSFER CASE TO THE U.S.
DISTRICT COURT OF MARYLAND AND PROPOSED ORDER
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
Sinclair Portland Licensee, LLC, KATV Licensee, LLC, Sinclair
Bakersfield Licensee, LLC, Sinclair Boise Licensee, LLC,
Sinclair Eugene Licensee, LLC, Sinclair Yakima Licensee, LLC,
KEYE Licensee, LLC, KGBT Licensee, LLC, KHQA Licensee, LLC,
Sinclair Lewiston Licensee, LLC, Sinclair Seattle Licensee,
LLC, Sinclair Radio of Seattle Licensee, LLC, KRCG Licensee,
LLC, KTUL Licensee, LLC, KTVL Licensee, LLC, KTVO Licensee,
LLC, KUTV Licensee, LLC, KVII Licensee, LLC, WACH Licensee,
LLC, WFXL Licensee, LLC, WGXA Licensee, LLC, WJAR Licensee,
LLC, WKRC Licensee, LLC, WLUK Licensee, LLC, WNWO Licensee,
LLC, WOAI Licensee, LLC, WPBN Licensee, LLC, WPDE Licensee,
LLC, WSET Licensee, LLC, WSTQ Licensee, LLC, WTOV Licensee,
LLC, WTVC Licensee, LLC, WZTV Licensee, LLC, and Grey
Television Licensee, LLC ("Defendants")  and
Plaintiff Brittney Gobble Photography, LLC mutually stipulate
and move this Court for an Order to transfer this case to the
U.S. District Court of Maryland pursuant to 28 U.S.C. section
1404, based upon the following:
Plaintiff filed its Complaint on October 31, 2018. With the
sole exception of Gray Television Licensee, LLC, see note 1
below, Defendants served their Answer on January 8, 2019.
Plaintiff also filed cases in Maryland and Delaware involving
related parties and the same copyrighted images at issue
here. The Maryland cases are: No. 1:18-cv-03384-RDB and No.
1:18-cv-03403-RDB ("Maryland U.S. Dist. Court
Cases"), which have now been consolidated by order of
Judge Richard Bennett. See Ex. 1 (ECF 23)
Delaware case filed by the Plaintiff is: No.
1:18-cv-01720-MN, which the parties thereto anticipate
transferring and consolidating with the Maryland U.S. Dist.
Based upon the issues raised and parties involved in all
cases, and for the consolidation of the involved parties and
witnesses, and in the interest of justice, all Parties to
this action have mutually agreed to have this Court transfer
this Case to the U.S. District Court of Maryland so it can be
consolidated with the Maryland U.S. Dist. Court Cases under
lead No. 1:18-cv-03403-RDB.
completion of this transfer, No. 2:18-cv-02096-RFB-PAL shall
be considered closed and all relevant documents shall be
included with said transfer.
Parties agree to comply with all Local Rules as required by
the U.S. District Court of Maryland.
OF POINTS AND AUTHORITIES
U.S.C. section 1404 addresses the issue of Change of Venue
and states in relevant part:
(a) For the convenience of parties and witnesses, in the
interest of justice, a district court may transfer any civil
action to any other district or division where it might have
been brought or to any district to which all parties have
stated, the parties to this action have discussed the
efficiency and appropriateness of transferring the matter to
the U.S. District Court of Maryland where Sinclair Broadcast
Group, Inc. has its corporate headquarters. Based upon the
issues and the parties involved in all cases, and for the
consolidation of the involved parties and witnesses, and in
the interest of justice, the Parties have mutually consented
to have this Court ...