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Act 92: We Move to Defer the Trial

The trial, originally scheduled for August, was moved to October when Taubman added a copyright complaint. And now that it looks like discovery on the copyright issue might take a while – and keeping in mind that the judge has indicated that he does not want to conduct separate trials on the trademark and copyright issues – it appears that the trial will have to be postponed once again. And so, on July 7, 2002, we submitted this motion to "defer" the trial.

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

THE TAUBMAN COMPANY

LIMITED PARTNERSHIP,

Plaintiff,

Civil Action No. 01-72987

v.

District Judge Zatkoff

WEBFEATS and HENRY MISHKOFF, Magistrate Judge Komives

Defendants.

MOTION TO DEFER TRIAL
TO PERMIT FURTHER DISCOVERY
ON THE COPYRIGHT CLAIM

For the reasons set forth in the accompanying memorandum, defendants move the Court to postpone the trial on the merits in this case, because of the need for further discovery pertaining to Count IV (the copyright claim). On June 26, undersigned counsel Mr. Levy requested the concurrence of plaintiff's counsel Ms. Greenberg, and, in the alternative, suggested that without concurring in the motion counsel might at least disclose any dates that she or her client could be unable to go to trial in this matter. By letter dated June 27, Mr. Levy suggested that counsel should discuss possible new trial dates. Ms. Greenberg has never responded to these inquiries, and thus this motion is being filed without taking plaintiff's scheduling concerns into account.

Respectfully submitted,

Barbara Harvey (P25478)
Suite 3060
Penobscot Building
645 Griswold
Detroit, Michigan 48226
(313) 963-3570

Paul Alan Levy (DC Bar 946400)
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000

Attorneys for Defendants

July 7, 2002