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Law360 (April 28, 2020, 8:41 PM EDT ) A Denver sports network has urged a Colorado federal judge to get an antitrust suit against Comcast back on track despite COVID-19, while the cable giant wants to put off discovery for six more weeks, saying there's no need to rush since games aired on the network have been suspended for the season.
Altitude Sports & Entertainment, a regional network suing Comcast Corp. for allegedly trying to push it out of the market, said in a filing Monday that following a roughly six-week delay ordered by the court due to the pandemic, it was time for "limited, initial discovery to proceed" while Comcast's recent move to dismiss the case remains pending.
The argument came in a joint status report to the judge. A court-ordered stay that Comcast had sought earlier expires Thursday.
Altitude noted that In temporarily staying the case, the court indicated that the COVID-19 virus was its "overriding concern." Even though the COVID-19 health crisis is ongoing, it does not prevent the two sides from engaging in "limited and reasonable discovery" typically undertaken at the beginning phases of a case, the network argued.
"Nothing in this district's orders or the social distancing orders in place where the parties and their counsel are located prevent [them] from engaging in discovery that can be conducted entirely from home," the network said. "Counsel for Altitude is working at home and has been preparing for document discovery."
But Comcast contended in the status report that the suspension of league games along with its pending dismissal motion are reasons to hold off a few more weeks.
Altitude, which carries Denver Nuggets and Colorado Avalanche games, initially filed suit in November, alleging that Comcast stopped carrying the channel Aug. 31 after the network rejected the "predatory" rates that were being offered.
The network claimed Comcast knew that the dramatic cuts proposed would drive it out of business. Altitude alleged that Comcast's aim was either to eliminate Altitude as a competitor to its own regional sports networks or to purchase the network "at a dramatically discounted rate."
Comcast moved to throw out the suit in January, and then filed a similar motion in February after Altitude lodged an amended complaint. Comcast has called the lawsuit a ploy as part of a "routine commercial disagreement."
In Monday's report, Altitude said its legal team had conducted custodian interviews and identified locations of documents, and talked with e-discovery vendors to make sure work can be done at home.
The network said the temporary suspension of professional sports leagues' games did not "lessen Altitude's interest in proceeding expeditiously."
Altitude suggested May 21 as the deadline for Comcast to send its written responses and objections to the first set of requests.
Comcast, however, asked the court for a six-week extension of the discovery stay, based on the public health emergency and suspension of competition within the professional sports leagues in which Altitude's teams compete. The cable company also said convenience to the court and third parties, and the pending motion to dismiss, are reasons for an extension.
"The court has already found this [crisis] to be good cause to stay discovery in its entirety. Indeed, the crisis is more severe than when the stay order was issued on March 16," Comcast said.
Representatives for the parties didn't immediately respond to requests for comment late Tuesday.
Altitude is represented by William A. Isaacson, Amy J. Mauser, Robert M. Cooper, Martha L. Goodman and Sean Rodriguez of Boies Schiller Flexner LLP and Kevin D. Evans of Evans Law PLLC.
Comcast is represented by Kathryn A. Reilly and Ryan W. Cooke of Wheeler Trigg O'Donnell LLP and Arthur J. Burke, David B. Toscano, Christopher Lynch and John M. Briggs of Davis Polk & Wardwell LLP.
The case is Altitude Sports & Entertainment LLC v. Comcast Corp. et al., case number 1:19-cv-03253, in the U.S. District Court for the District of Colorado.
--Additional reporting by Ryan Boysen and Matthew Perlman. Editing by Kelly Duncan.
For a reprint of this article, please contact reprints@law360.com.
