Newmark

Newmark v. Turner Broadcasting Network

Good Law

226 F. Supp. 2d 1215·2002 WL 31269566·2002 U.S. Dist. LEXIS 19123

United States District Court, Central District of CaliforniaAugust 15, 2002CV 02-04445FMC(EX)California3,437 words

Opinion

Cooper, J.

ORDER DENYING MOTION TO DISMISS; ORDER DENYING MOTION TO STAY; ORDER GRANTING MOTION TO CONSOLIDATE

This matter is before the Court on Defendants’ Motion to Dismiss or, Alternatively, to Stay Proceedings, and Plaintiffs’ Motion to Consolidate. These matters were heard on August 12, 2002, at which time the parties were in receipt of the Court’s tentative order. For the reasons set forth below, the Court hereby denies the Motion to Dismiss (docket # 43-1), hereby denies the Motion to Stay (docket # 43-2), and hereby grants the Motion to Consolidate (docket # 45).

I. Background

The parties are well-acquainted with the nature of the present action and Paramount Pictures Corporation v. RePlayTV, Inc., No. 02-04445 FMC (Ex) (“the Re-PlayTV action”), which are only briefly described below.

A. The RePlayTV Action

Plaintiffs in the RePlayTV action are a number of television and film companies in the entertainment industry. Defendants in the RePlayTV action are SONICblue, Inc. (“SONICblue”), and its wholly owned subsidiary, RePlayTV, Inc (“RePlayTV”).

The factual allegations in the RePlayTV action center on the development and sale by RePlayTV of a digital video recorder: the RePlayTV…

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