Parties Lay Out Key Discovery And Other Dates For Pending Paramount-WBD Antitrust Trial

This week has been dominated by headlines about Paramount‘s threat to leave California, by unions and other officials urging a settlement and by Capitol Hill Democrats warning of investigations. But on Thursday, attorneys completed the rather routine step of proposing key dates and deadlines in advance of an antitrust trial over the proposed merger of Paramount with Warner Bros. Discovery. A joint case management statement was filed by the plaintiffs — 12 state attorneys general and the Writers Guild of America — and the defendants, Paramount and WBD. The fact discovery is proposed to start on Aug. 17, and to close on Jan. 8, a key element of trial preparation that typically generates disputes. Watch on Deadline Last week, U.S. District Judge Araceli Martínez-Olguín set a trial for March 2-19, a timeline that stands to cost Paramount more than $1 billion in “ticking fees” due. As part of their deal, Paramount agreed to pay WBD $7 million for each day that the transaction doesn’t close after Sept. 30. They also face a June 4 deadline for the expiration of a deal, with Paramount on the hook for a $7 billion termination fee. Figures including Xavier Becerra, the Democratic nominee for California governor, have called for a settlement, while the Directors Guild of America and IATSE urged one with a list of proposed conditions on the transaction. Per the latest filing to the judge, the parties says they “are having constructive discussions regarding the identification of two alternative magistrate judges to preside over a settlement conference for the Actions and will provide a further update to the Court as soon as possible.” Such settlement talks also are not unusual before a trial. Among the disputed points, per the filing, are how much time each side will be given during the March proceedings. The state AGs and the WGA propose eight of the 12 trial days, noting that they are two different cases; Paramount and WBD say that time should be split equally. The judge has not said when she would make a decision after the trial, but set a deadline of April 5 for filing of proposed findings of fact and conclusions of law. The final pretrial conference would be on Feb. 24.