Defendant Diamond Resorts seeks a Sept. 27 hearing on its motion to compel plaintiff Paul Sapan’s Telephone Consumer Protection Act claims to arbitration, said Diamond’s notice of that motion Wednesday (docket 8:23-cv-00147) in U.S. District Court for Central California in Santa Ana.
Robert F. Kennedy Jr.’s First Amendment claim against YouTube “stumbles out of the gate,” said parent company Google in its motion to dismiss with prejudice (docket 3:23-cv-03880) in U.S. District Court for Northern California in San Francisco. Google seeks a Nov. 7 hearing on the motion.
The FCC lacked authority to put Hikvision and Dahua video equipment on the “covered list” as deemed to pose a threat to U.S. security, said the Chinese companies’ U.S. subsidiaries’ joint reply brief Wednesday (docket 23-1032) at the U.S. Court of Appeals for the D.C Circuit. The companies are challenging the FCC’s Nov. 25 order barring authorization of network equipment on the covered list (see 2304250043).
Defendants King and Activision Blizzard’s assertion in their motion to compel mandatory alternative dispute resolution that plaintiff Sorina Montoya agreed to rules requiring her to arbitrate is “wrong for several reasons,” said Montoya’s Tuesday opposition (docket 3:23-cv-00314) in U.S. District Court for Eastern Virginia in Richmond.
Defendants GlobalguruTech and owner Jakob Zahara filed their third motion to quash Xfinity Mobile’s subpoenas to GGT business contacts and for a protective order, said the plaintiffs’ Tuesday filing (docket 2:22-cv-01950) in U.S. District Court for Arizona in Phoenix. The “overbroad request would include irrelevant documents relating to any cell phone transaction” and isn't limited to Xfinity phones or Xfinity products, the motion said.
Fraudulent takedown notices sent to YouTube by Universal Music Group, Sony Music and other labels led to the termination of DJ Erik Mishiyev’s YouTube channel, causing the pro se plaintiff to lose “all his hard work,” alleged Mishiyev's complaint Monday (docket 8:23-cv-01942) in U.S. District Court for Middle Florida in Tampa.
Defendant Tonal Systems will move at an Oct. 11 hearing to dismiss plaintiff Julie Jones’ wiretapping class action for failure to state a claim upon which relief can be granted, said Tonal’s notice Tuesday (docket 3:23-cv-01267) in U.S. District Court for Southern California in San Diego.
The $46.8 million supersedeas bond procured by Grande Communications Networks “satisfies the criteria established by courts in this jurisdiction,” and accomplishes the goal of protecting the record labels’ rights pending appeal, said Grande’s reply Tuesday (docket 1:17-cv-00365) in U.S. District Court for Western Texas in Austin to the labels’ Aug. 22 opposition.
Here are Communications Litigation Today's top stories from last week, in case you missed them. Each can be found by searching on its title or by clicking on the hyperlinked reference number.
T-Mobile and Sprint moved the court Monday to vacate an Aug. 23 award issued to defendant Wireless World. The arbitrator in the case “exceeded her powers, depriving herself of jurisdiction by voiding integral provisions of the operative arbitration agreement,” said the petition (docket 2:23-cv-01337) in U.S. District Court for Western Washington in Seattle. Plaintiffs called the award “completely irrational" and one that "manifestly disregards Washington law."