`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`ROBOCAST, INC., a Delaware corporation
`
`
`Plaintiff and Counterclaim Defendant,
`
`
`C.A. No. 1:22-cv-00305-JLH
`
`JURY TRIAL DEMANDED
`
`No. 1:24-mc-00202-JLH
`
`
`
`v.
`
`NETFLIX, INC., a Delaware corporation
`
`
`Defendant and Counterclaim Plaintiff.
`
`
`ROBOCAST, INC., a Delaware corporation
`and STEVEN J. RIZZI,
`
`Petitioners,
`
`v.
`
`NETFLIX, INC., a Delaware corporation
`
`Respondent.
`
`
`
`MOTION FOR TELECONFERENCE TO RESOLVE DISCOVERY DISPUTES
`
`Plaintiff Robocast, Inc. (“Robocast”), Defendant Netflix, Inc. (“Netflix”), and Petitioner
`
`Steven J. Rizzi respectfully move this Court to schedule a consolidated teleconference to address
`
`outstanding disputes regarding the following discovery matters in two cases:
`
`
`
`C.A. No. 22-305-JLH:
`
` Robocast moves to compel Netflix to i) provide alternate dates for the deposition
`
`of Ms. Helen Ponce during the fact discovery period; or ii) make her available for
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`deposition out of time. (See D.I. 222.)
`
` Netflix moves to compel (1) production, or in the alternative in camera review, of
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`documents withheld by Robocast based on privilege claims, and litigation funding
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`documents withheld and logged by Robocast based on relevance grounds; and (2)
`
`1
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`
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`
`
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`Case 1:22-cv-00305-JLH Document 268 Filed 04/26/24 Page 2 of 3 PageID #: 12777
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`
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`deposition testimony from Robocast’s witnesses based on privilege claims and
`
`instructions.
`
`The following attorneys, including at least one Delaware Counsel and at least one Lead
`
`Counsel per party, participated in a verbal meet-and-confer (in person/and or by telephone) on at
`
`least the following date:
`
` April 15, 2024.
`
`Delaware Counsel: Stephen B. Brauerman (for Robocast); and Kelly E. Farnan (for
`
`Netflix).
`
`Lead Counsel: Steven Rizzi (for Robocast); Tara D. Elliott (for Netflix).
`
`
`
`C.A. No. 24-mc-202-JLH:
`
`***
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` Netflix moves to compel Steven J. Rizzi to comply with Netflix’s subpoenas to him
`
`(D.I. 186).1
`
`The following attorneys, including at least one Delaware Counsel and at least one Lead
`
`Counsel per party, participated in a verbal meet-and-confer (in person/and or by telephone) on at
`
`least the following date:
`
` April 15, 2024.
`
`Delaware Counsel: Stephen B. Brauerman (for Robocast); and Kelly E. Farnan (for
`
`Netflix).
`
`
`1 Netflix’s subpoenas to Mr. Rizzi are subject to a fully briefed Motion to Quash Subpoenas and
`for Sanctions Under Rule Civil Procedure 45 (the “Motion”) that has been pending in the
`Southern District of New York (“SDNY”) since March 8, 2024. See Rizzi v. Netflix Inc., C.A.
`No. 24-MC-106-AS, (D.I. 1-3, 13, 15-18, 27 (S.D.N.Y. Mar. 18, 2024). The Motion was
`transferred from the SDNY to the District of Delaware on March 22, 2204. Id., D.I. 34 (Mar. 22,
`2024); see also Rizzi v. Netflix, Inc., C.A. 24-MC-202-JLH, (D. Del. Apr. 22, 2024).
`2
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`
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`Case 1:22-cv-00305-JLH Document 268 Filed 04/26/24 Page 3 of 3 PageID #: 12778
`
`
`
`Lead Counsel: Steven Rizzi; Tara D. Elliott (for Netflix).
`
`
`
`The parties agree that the submissions for the above-captioned disputes will be separately
`
`briefed in the appropriate case.
`
`The parties are available for a teleconference on the following dates, or at the Court’s
`
`convenience:
`
` Robocast is available at the Court’s convenience except for May 9, 2024.
`
` Netflix is available at the Court’s convenience.
`
`
`Dated: April 26, 2024
`
`/s/ Ronald P. Golden III
`Stephen B. Brauerman (#4952)
`Ronald P. Golden III (#6254)
`Bayard, P.A.
`600 North King Street, Suite 400
`Wilmington, DE 19801
`(302) 655-5000
`sbrauerman@bayardlaw.com
`rgolden@bayardlaw.com
`
`Attorneys for Plaintiff Robocast, Inc.
`
`
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`
`
`/s/ Sara M. Metzer
`Kelly E. Farnan (#4395)
`Sara M. Metzer (#6509)
`Richards, Layton & Finger, P.A.
`One Rodney Square
`920 North King Street
`Wilmington, DE 19801
`(302) 651-7700
`farnan@rlf.com
`metzler@rlf.com
`
`Attorneys for Defendant Netflix, Inc.
`
`3
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