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Brittney Gobble Photography, LLC v. Sinclair Portland Licensee, LLC

United States District Court, D. Maryland

February 22, 2019

BRITTNEY GOBBLE PHOTOGRAPHY, LLC, Plaintiff,
v.
SINCLAIR PORTLAND LICENSEE, LLC, ET. AL. Defendants.

          HOFLAND & TOMSHEK BY BRADLEY HOFLAND, ESQ., QUISENBERRY LAW PLLC BY C. DALE QUISENBERRY, ESQ. ATTORNEYS FOR PLAINTIFF

          EVANS 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

         Defendants 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") [1] 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:

         1. 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.

         2. 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)

         3. The 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. Court Cases.

         4. 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.

         5. Upon 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.

         6. The Parties agree to comply with all Local Rules as required by the U.S. District Court of Maryland.

         MEMORANDUM OF POINTS AND AUTHORITIES

         28 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 consented.

         As 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 ...


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