Twentieth Century Fox Television v. Empire Distribution Inc.

IN CHAMBERS

Before the Court are a Motion for Summary Judgment (Docket No. 41) and a Motion to Strike Expert Report (Docket No. 46) filed by plaintiffs and counterdefendants Twentieth Century Fox Television, a division of Twentieth Century Fox Film Corporation, and Fox Broadcasting Company (collectively “Fox” or “Plaintiffs”). Defendant and counterclaimant Empire Distribution, Inc. (“Empire Distribution” or “Defendant”) has filed oppositions to both Motions, and requests a continuance under Federal Rule of Civil Procedure 56(d). The Court vacates the hearing calendared for February 1, 2016, finding the matter appropriate for decision without oral argument under Federal Rule of Civil Procedure 78 and Local Rule 7-15.

I. Background

On January 7, 2015, Fox debuted “Empire,” a television series which tells the *904 fictional story of a feuding entertainment industry family (the “Empire Series”). (Declaration of Molly M. Lens in Support of Fox’s Motion (“Lens Decl.”), Ex. 2.) The Empire Series chronicles the struggle of rapper and drug-dealer turned music mogul Lucious Lyon, who is diagnosed with a fatal disease in the show’s premiere. {Id., Ex. 11.) The Empire Series centers…