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05-138 - Kentucky Speedway, LLC v. National Association of Stock Car Auto Racing, Inc. et al


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05-138 - Kentucky Speedway, LLC v. National Association of Stock Car Auto Racing, Inc. et al
December 14, 2005
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ORDER DENYING 30 MOTION to Change Venue by National Association of Stock Car Auto Racing, Inc. filed by National Association of Stock Car Auto Racing, Inc., Oral Argument Hearing on pending motions set for 1/12/2006 01:30 PM in Covington before William O. Bertelsman.. Signed by Judge William O. Bertelsman. (TED)cc: COR Modified place of hearing on 12/14/2005 (Dallas, Tammy).
December 21, 2005
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OPINION & ORDER: 1) The motion to transfer venue (Doc. #30) is hereby denied; 2) ORDER Setting Hearing on Motion 37 MOTION to Dismiss by International Speedway Corporation, 65 MOTION to Dismiss by National Association of Stock Car Auto Racing, Inc., 67 MOTION to Dismiss by International Speedway Corporation, 33 MOTION to Dismiss by National Association of Stock Car Auto Racing, Inc.: Motion Hearing is set for 1/12/2006 01:30 PM in Covington before William O. Bertelsman. Signed by Judge William O. Bertelsman. (JMM)cc: COR
January 27, 2006
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MEMORANDUM OPINION & ORDER, 1) 65 MOTION to Dismiss by National Association of Stock Car Auto Racing, Inc. filed by National Association of Stock Car Auto Racing, Inc., 33 MOTION to Dismiss by National Association of Stock Car Auto Racing, Inc. filed by National Association of Stock Car Auto Racing, Inc., 37 MOTION to Dismiss by International Speedway Corporation filed by International Speedway Corporation, and 67 MOTION to Dismiss by International Speedway Corporation filed by International Speedway Corporation ARE DENIED. 2) Discovery due by 2/1/07. 3) After close of discovery plaintiffs shall file a further amended complaint alleging with particularity the antitrust theories it believes can be pursued in good faith in light of the facts disclosed on discovery no later than 3/2/2007. 4) No later than 30 days after the filing of such further amended complaint, defendants shall file such dispositive motions as they deem appropriate no later than 4/2/2007. 5) Plaintiff shall have 30 days thereafter to respond to such motions and defendants shall have 15 days to reply thereto. 6) Discovery disputes are referred to Honorable J. Gregory Wehrman pursuant to the court's standard order entered concurrently herewith. Signed by Judge William O. Bertelsman. (TED)cc: COR
October 12, 2006
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MEMORANDUM ORDER: 1) Denying without prejudice to renew 115 Plaintiff's motion to compel; 2) Defendant shall complete production of responsive financial documents by 10/27/06; 3) Plaintiff's counsel shall review all financial documents produced by defendant by 11/12/06 to better determine whether additional financial information is needed; 4) Denying 121 MOTION for Hearing; 5) Granting 123 130 MOTION to Seal, the previously filed affidavit of W. B. Markovits and its attachments, submitted in conjunction with the reply memorandum in support of plf's motion to compel discovery 124 shall be placed under seal, as shall the plaintiff's 10/10/06 motion to compel regarding certain categories of documents, its exhibits and attachments; 6) Granting 127 JOINT MOTION to extend Discovery and pretrial deadlines and the proposed order has been entered herewith; 7) Defendants shall file any written response to the 10/10/06 motion compel by 10/27/06, with any reply to be filed by 11/9/06; 8) Before bringing any future discovery dispute before this court, the parties should first fully comply with LR 37.1 by employing their best efforts to resolve their dispute extrajudicially. If unable resolve the dispute without court intervention, counsel should telephonically contact the chambers for the undersigned magistrate judge to seek a telephonic conference prior to filing any discovery-related motion. Only if specifically directed to do so should counsel file a written motion and memorandum. Signed by Judge J. Gregory Wehrman. (JMM)cc: COR
December 18, 2006
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MEMORANDUM ORDER: 1) Plaintiff's oral motion to compel defense witness Mike Helton to respond to questions concerning his total pay package is granted; 2) Plaintiff's motion to seal [DE #138] is granted; 3) The Motion of International Speedway for leave to file a surreply [DE #140] is granted; 4) Plaintiff's oral renewed motion to compel disclosure of additional financial records is granted, (parties to comply with items a. - e.); 5) Plaintiff's motion to compel [DE #134] is denied. Signed by Judge J. Gregory Wehrman. (JMM)cc: COR
January 23, 2007
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MEMORANDUM ORDER: 1) Defendant's oral motion for clarification, supported by correspondence transmitted to the court outside of the record, is granted; 2) The Rule 30(b)(6) deposition shall be limited to not more than 5 and a half hours in duration, and shall otherwise remain within the scope of this court's prior orders as clarified herein. Signed by Judge J. Gregory Wehrman. (JMM)cc: COR
January 25, 2007
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MEMORANDUM ORDER: 1) Plaintiff's motion for clarification and/or modification of the protective order, supported by correspondence transmitted to the court outside of the record, is granted in part; 2) Paragraph 11 of the existing protective order shall be fully complied with according to its terms, except that if a third-party witness refuses to execute the existing protective order, that third-party witness may nevertheless be questioned concerning any document which he or she has authored. Signed by Judge J. Gregory Wehrman. (JMM)cc: COR
April 19, 2007
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MEMORANDUM ORDER: 1) Granting 196 MOTION to Withdraw Timothy B. Fitzgerald as Attorney by National Association of Stock Car Auto Racing, Inc.; 2) The objections of NASCAR to the filing of an unredacted version of plaintiff's tendered Second Amended Complaint [DE #190] are sustained. On or before April 25, 2007 plaintiff Speedway shall file a) an unredacted copy of its Second Amended Complaint under seal; b) an unsealed, redacted version of the Second Amended Complaint in accordance with the redactions proposed by NASCAR; 3) The Court's Memorandum Order of March 30, 2007 [DE #186] shall remain under seal. Signed by Judge J. Gregory Wehrman. (JMM)cc: COR
August 30, 2007
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MEMORANDUM ORDER: 1) The joint motion of defs for leave to file excess pages in support of a joint motion for summary judgment 224 is granted. Plf's objection to the separately filed motions for summary judgment by def ISC is overruled; 2) Plf's response to the defs' motions shall not exceed the length of the joint motion; the response to each of the separately filed ISC motions shall not exceed 40 pages, and the response to the amicus curiae shall not exceed the length of that brief; 3) The motion by Automobile Competition Committee for the Untied States to file an amicus curiae brief 227 is granted, with the tendered brief to be filed; 4) Speedway's motion for leave to file a surreply 237 is granted, with the tendered surreply concerning the amicus brief [exhibit 3] having been fully considered for purposes of this order; 5) Speedway's motion to modify the existing protective order 223 is denied in part because Speedway has recourse under the existing order to challenge the designation of any specific document, and for reasons addressed in this court's prior resolution of similar issues; 6) The defs' joint motion to exclude the expert report and testimony of Dr. Keith Leffler, the joint motion for order to limit the expert testimony of Andrew Zimbalist, the joint motion for a hearing on the motion to exclude, the joint motion for a hearing on the motion to limit, the joint motion for summary judgment and motion for a hearing on the same, ISC's separate motions for summary judgment on the monopoly issue and on personal jurisdiction and the motion for hearing on the same [DE ##218, 219, 221, 222, 225, 226, 228, 233, 234] all shall be decided by the presiding district judge; 7) Speedway's motion to strike the declarations of Hill and Lazarus 241, as closely related to the discovery dispute identifed by counsel on August 24 and as now construed as an oral motion for protective order concerning the outstanding subpoenas, will be decided by the undersigned magistrate judge following an expedited period of additional briefing; 8) Defs may file a combined brief in support of their construed oral motion for protective order and in opposition to the plf's motion to strike on or before 9/6/2007, with plf. to file any combined Response/Reply not later than 9/11/2007. Expedited briefing is required due to the impact on the pending motions for summary judgment; no extensions to this briefing schedule will be granted. No brief may exceed 8 pages. Signed by Judge J. Gregory Wehrman. (JMM)cc: COR
January 7, 2008
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OPINION and ORDER: 1) Defendants' Joint Motion to Exclude the Expert Report and Testimony of Dr. Keith Leffler 218 be, and hereby is granted; 2) Defendants' Joint Motion to Limit the Expert Testimony of Andrew Zimbalist 219 be, and hereby is, granted; 3) Defendants' Joint Motion to Strike the Declaration of Keith Leffler and Andrew Zimbalist 256 be, and hereby is, granted; 4) For the same reasons previously noted by this Court in addressing Defendant's prior similar request, Defendant ISC's Motion for Summary Judgment on Personal Jurisdiction 233 be, and hereby is, denied; 5) Defendants' Joint Motion for Leave to File Supplemental Memorandum 281 be, and hereby is, granted. Defendants' tendered Supplemental Memorandum is ordered filed of record; 6) The parties' Motions for Leave to File Errata 293, 295 be, and hereby are, granted; 7) Defendants' Joint Motion for Summary Judgment on all claims 225 and Defendant ISC's Motion for Summary Judgment on Plaintiff's Sherman Act ยง 2 claim 228 be, and hereby are granted; 8) Defendants' Joint Motion to Exclude Certain Exhibits to Plaintiff's Omnibus Response 279 be, and hereby is, denied as moot; 9) For the same reasons noted by the Court in addressing Plaintiff's prior similar requests, Plaintiff's Motion to Unseal the Summary Judgment Record 297 be, and hereby is, denied; 10) The Joint Motion to Modify the Final Pretrial Conference Order 306 be, and hereby is, denied as moot; 11) The January 23, 2008, Final Pretrial Conference date and March 4, 2008, Trial date, as well as all other case deadlines be, and hereby are, vacated; and 12) This matter is hereby dismissed with prejudice. A Judgment shall enter concurrently herewith. Signed by Judge William O. Bertelsman on 1/7/2008.(JMM)cc: COR
January 7, 2008
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JUDGMENT: Pursuant to the Opinion and Order of the court entered concurrently herewith, IT IS ORDERED AND ADJUDGED that all claims of the plaintiff, Kentucky Speedway, LLC, be, and they are, hereby dismissed, with prejudice, at the cost of the plaintiff. Signed by Judge William O. Bertelsman on 1/7/2008.(JMM)cc: COR