Minute Entry. Proceedings before the Honorable Donald C. Coggins, Jr. on February 20, 2025. These Motions have been filed in both C.A. Nos. 7:20-cv-947-DCC and 7:21-cv-3193-DCC. For ease of reference, the Court will cite to docket entry numbers in C.A. 7:20-cv-947-DCC.
(1)Plaintiffs' Motion to Compel 426 is denied as currently stated. However, Plaintiffs' may modify their first request for production within 10 days to restrict it to due diligence inquiry results from 2019 as outlined on the record. Defendants MG Freesites Ltd and Mindgeek S.A.R.L. have 30 days from the date of this hearing to respond to any modified requests for production from Plaintiffs. If Defendants MG Freesites Ltd and Mindgeek S.A.R.L. need full 30 days from the date Plaintiffs send the modified requests, then they may seek an extension. The Parties may confer to discuss the language and scope of modified requests.
(2)Defendant MG Freesites Ltd.'s Motion to Compel 435 is granted. Plaintiffs are directed to supplement their responses to interrogatories 15 to 25 as to Jane Doe 10 within two weeks. The Parties are directed to confer with respect to interrogatories on Jane Doe 1 through 9 to work through any differences, to the extent any exist.
(3)Plaintiffs' Motion to Compel 451 is denied as moot. The Parties indicate this discovery dispute is resolved.
(4)Plaintiffs' Motion to Compel 458 is denied in part and granted in part. Plaintiffs' Motion is denied as to requests for admissions as currently stated and granted as to Plaintiffs' requests for production. However, to the extent that the primary purpose of the requests for admissions was to address the sufficiency of Defendant Hammy Media LTD., d/b/a Xhamster.com's responses to requests for production or if responding to the related request for admission is less burdensome to Defendant Hammy Media LTD., d/b/a Xhamster.com, Plaintiffs may substitute requests for admission for requests for production as needed and agreed. Defendant Hammy Media LTD., d/b/a Xhamster.com is directed to respond and/or supplement their responses to such requests within two weeks.
(5)The Court notes that discovery is now closed. To the extent information is obtained by the Parties that is material to the pending Motions for Summary Judgment, the Parties may file a motion together with the proposed supplemental briefing within 30 days or for an extension if necessary. Any such supplemental briefing shall be limited to the information that the Parties did not have previously and arguments related thereto.
(6)To the extent the Parties believe the recent Fourth Circuit case, M.P. v. Meta Platforms Inc., No. 23-1880 (4th Cir. Feb. 4, 2025), legally impacts their pending Motions for Summary Judgment, the Parties may submit supplemental briefing within 30 days. Any such supplemental briefing shall be limited to the impacts of the recent Fourth Circuit case on the Parties' arguments.
(7)Counsel indicated that the Parties have settled in 7:22-cv-3576-DCC and will make an appropriate filing to end the case. Accordingly, the Parties are directed to make the appropriate filing(s) dismissing the action within 7 days.
(8)Parties consented to consolidating the remaining cases, 7:20-cv-0947-DCC and 7:21-cv-3193-DCC, for trial. Accordingly, the Parties are directed to meet and confer regarding an updated scheduling order for the combined cases as well a proposed trial date for not later than early- to mid-September. The Parties are directed to submit the resulting joint proposed scheduling order within two weeks.
(9)With the consent of the Plaintiffs, all Defendants are granted an additional week to submit their reply briefs related to the pending Motions for Summary Judgment.
TIME: 140 minutes Court Reporter Michele Becker. Associated Cases: 7:20-cv-00947-DCC, 7:20-cv-04260-DCC, 7:21-cv-03193-DCC, 7:22-cv-03576-DCC(ncha, )