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Attorneys for the Movants Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation, Warner Bros

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Attorneys for the Movants Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation, Warner Bros Case 17-29073 Doc 213 Filed 09/14/18 Entered 09/14/18 16:35:29 Desc Main Document Page 1 of 7 Michael R. Johnson, Esq. (A7070) Kelly M. Klaus (pro hac vice) David H. Leigh, Esq. (A9433) Rose Leda Ehler (pro hac vice) RAY QUINNEY & NEBEKER P.C. MUNGER, TOLLES & OLSON LLP 36 South State Street, 14th Floor 350 South Grand Avenue, 50th Floor Salt Lake City, Utah 84111 Los Angeles, California 90071-3426 Telephone: (801) 532-1500 Telephone: (213) 683-9100 Facsimile: (801) 532-7543 Facsimile: (213) 687-3702 Email: [email protected] Email: [email protected] Email: [email protected] Email: [email protected] Brent O. Hatch (5715) HATCH, JAMES & DODGE, P.C. 10 West Broadway, Suite 400 Salt Lake City, UT 84101 Telephone: 801-839-4811 Facsimile: 801-363-6666 Email: [email protected] Attorneys for the Movants Disney Enterprises, Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation, Warner Bros. Entertainment Inc., MVL Film Finance, LLC, New Line Productions, Inc., and Turner Entertainment Co. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION In re: Case No. 17-29073 VIDANGEL, INC., Chapter 11 Debtor. Judge Kevin R. Anderson REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR RELIEF FROM THE AUTOMATIC STAY PURSUANT TO 11 U.S.C. §362(d) (DKT. 194) ______________________________________________________________________________ Case 17-29073 Doc 213 Filed 09/14/18 Entered 09/14/18 16:35:29 Desc Main Document Page 2 of 7 Movants respectfully request that the Court take judicial notice, pursuant to Federal Rule of Evidence 201, of the materials identified below and attached as Exhibits A-Q hereto. This Request for Judicial Notice (“RJN”) is filed in support of Movants’ Supplemental Brief in Support of their Motion for Relief from the Automatic Stay Pursuant to 11 U.S.C. § 362(d). Exhibits A-Q are court filings which satisfy the requirements of Rule 201. Courts routinely take judicial notice of filings, transcripts and orders of other court proceedings. See U.S. v. Ahidley, 486 F.3d 1184, 1192 n.5 (10th Cir. 2007) (“[W]e may exercise our discretion to take judicial notice of publicly-filed records in our court and certain other courts concerning matters that bear directly upon the disposition of the case at hand.”) (collecting cases); see also Ordonez v. Canyons School Dist., No. 213CV00245DAKEJF, 2018 WL 3654767, at *2 n.2 (D. Utah 2018) (unpublished) (same). Exhibit A: A true and correct copy of the Complaint for Copyright Infringement and Violation of Digital Millennium Copyright Act in the action captioned Disney Enterprises, Inc., et al. v. VidAngel, Inc., Case No. 16-cv-04109-AB (PLAx), United States District Court, Central District of California, filed on June 9, 2016, Dkt. No. 1. Exhibit B: A true and correct copy of the First Amended Complaint for Copyright Infringement and Violation of Digital Millennium Copyright Act in the action captioned Disney Enterprises, Inc., et al. v. VidAngel, Inc., Case No. 16-cv-04109-AB (PLAx), United States District Court, Central District of California, filed on October 6, 2017, Dkt. No. 228. Exhibit C: A true and correct copy of Vidngel, Inc.’s Amended Answer and Affirmative Defenses to Complaint and First Amended Counterclaims in the action captioned Disney Enterprises, Inc., et al. v. VidAngel, Inc., Case No. 16-cv-04109-AB (PLAx), United States District Court, Central District of California, filed on September 16, 2016, Dkt. No. 77. 1 Case 17-29073 Doc 213 Filed 09/14/18 Entered 09/14/18 16:35:29 Desc Main Document Page 3 of 7 Exhibit D: A true and correct copy of Plaintiffs’ Notice of Motion and Motion to Dismiss VidAngel’s First Amended Counterclaims and Strike VidAngel’s Affirmative Defense of Copyright Misuse in the action captioned Disney Enterprises, Inc., et al. v. VidAngel, Inc., Case No. 16-cv-04109-AB (PLAx), United States District Court, Central District of California, filed on October 14, 2016, Dkt. No. 103. Exhibit E: A true and correct copy of the Order Granting Plaintiffs’ Motion to Dismiss Defendant’s First Amended Counterclaims and Strike Defendant’s Affirmative Defense of Copyright Misuse (Dkt. No. 103) in the action captioned Disney Enterprises, Inc., et al. v. VidAngel, Inc., Case No. 16-cv-04109-AB (PLAx), United States District Court, Central District of California, filed on August 10, 2017, Dkt. No. 199. Exhibit F: A true and correct copy of VidAngel’s Notice of Motion and Motion for Entry of Judgment on Dismissal of Its Counterclaims Under Rule 54(b) in the action captioned Disney Enterprises, Inc., et al. v. VidAngel, Inc., Case No. 16-cv-04109-AB (PLAx), United States District Court, Central District of California, filed on August 31, 2017, Dkt. No. 203. Exhibit G: A true and correct copy of the Order Granting VidAngel’s Motion for Entry of Final Judgment Dismissing VidAngel’s First, Second and Third Counterclaims (Dkt. No. 2013) in the action captioned Disney Enterprises, Inc., et al. v. VidAngel, Inc., Case No. 16- cv-04109-AB (PLAx), United States District Court, Central District of California, filed on October 5, 2017, Dkt. No. 226. Exhibit H: A true and correct copy of the Order Re: Jury/Court Trial in the action captioned Disney Enterprises, Inc., et al. v. VidAngel, Inc., Case No. 16-cv-04109-AB (PLAx), United States District Court, Central District of California, filed on September 28, 2017, Dkt. No. 215. 2 Case 17-29073 Doc 213 Filed 09/14/18 Entered 09/14/18 16:35:29 Desc Main Document Page 4 of 7 Exhibit I: A true and correct copy of Plaintiffs’ Motion for Partial Summary Judgment on Liability in the action captioned Disney Enterprises, Inc., et al. v. VidAngel, Inc., Case No. 16-cv-04109-AB (PLAx), United States District Court, Central District of California, filed on September 29, 2017, Dkt. No. 222. Exhibit J: A true and correct copy of the Stipulation Regarding Request to Set Pretrial and Trial Schedule in the action captioned Disney Enterprises, Inc., et al. v. VidAngel, Inc., Case No. 16-cv-04109-AB (PLAx), United States District Court, Central District of California, filed on September 20, 2017, Dkt. No. 212. Exhibit K: A true and correct copy of the Order Regarding Briefing Schedule for Plaintiffs’ Partial Motion for Summary Judgment in the action captioned Disney Enterprises, Inc., et al. v. VidAngel, Inc., Case No. 16-cv-04109-AB (PLAx), United States District Court, Central District of California, filed on October 2, 2017, Dkt. No. 224. Exhibit L: A true and correct copy of the [In Chambers] Order Staying Case Pending Bankruptcy in the action captioned Disney Enterprises, Inc., et al. v. VidAngel, Inc., Case No. 16-cv-04109-AB (PLAx), United States District Court, Central District of California, filed on October 31, 2017, Dkt. No. 231. Exhibit M: A true and correct copy of Status Report Pursuant to In Chambers Order [Dkt. 231] Regarding Status of Proceedings Following VidAngel’s Filing of Chapter 11 Bankruptcy Petition [Dkt. 229] in the action captioned Disney Enterprises, Inc., et al. v. VidAngel, Inc., Case No. 16-cv-04109-AB (PLAx), United States District Court, Central District of California, filed on February 28, 2018, Dkt. No. 236. Exhibit N: A true and correct copy of Status Report Pursuant to In Chambers Order [Dkt. 231] Regarding Status of Proceedings Following VidAngel’s Filing of Chapter 11 3 Case 17-29073 Doc 213 Filed 09/14/18 Entered 09/14/18 16:35:29 Desc Main Document Page 5 of 7 Bankruptcy Petition [Dkt. 229] in the action captioned Disney Enterprises, Inc., et al. v. VidAngel, Inc., Case No. 16-cv-04109-AB (PLAx), United States District Court, Central District of California, filed on June 28, 2018, Dkt. No. 237. Exhibit O: A true and correct copy of the Motion to Dismiss or, in the Alternative, to Transfer or stay in the action captioned VidAngel, Inc. v. Sullivan Entertainment Group, Inc., et al., Case No. 2:17-cv-00989, United States District Court, Central District of Utah, filed on October 26, 2017, Dkt. No. 58. Exhibit P: A true and correct copy of the Memorandum Decision and Order Granting Motion to Dismiss in the action captioned VidAngel, Inc. v. Sullivan Entertainment Group, Inc., et al., Case No. 2:17-cv-00989, United States District Court, Central District of Utah, filed on July 27, 2018, Dkt. No. 129. Exhibit Q: A true and correct copy of VidAngel’s Notice Consenting to Dismissal Without Prejudice in the action captioned VidAngel, Inc. v. Sullivan Entertainment Group, Inc., et al., Case No. 2:17-cv-00989, United States District Court, Central District of Utah, filed on August 3, 2018, Dkt. No. 130. CONCLUSION Movants respectfully request that the Court take judicial notice of Exhibits A-Q. 4 Case 17-29073 Doc 213 Filed 09/14/18 Entered 09/14/18 16:35:29 Desc Main Document Page 6 of 7 DATED this 14th day of September, 2018. Kelly M. Klaus (pro hac vice) Rose Leda Ehler (pro hac vice) Munger, Tolles & Olson LLP 350 South Grand Avenue, 50th Floor Los Angeles, California 90071-3426 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 Email: [email protected] Email: [email protected] —and— Brent O. Hatch Hatch, James & Dodge, P.C. 10 West Broadway, Suite 400 Salt Lake City, UT 84101 Telephone: 801-839-4811 Facsimile: 801-363-6666 Email: [email protected] —and— Michael R. Johnson, Esq. David H. Leigh, Esq. Ray Quinney & Nebeker P.C. 36 South State Street, 14th Floor Salt Lake City, Utah 84111 Telephone: (801) 532-1500 Facsimile: (801) 532-7543 Email: [email protected] Email: [email protected] /s/ Michael R.
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