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Case 5:13-cv-00652-LEK-DEP Document 8 Filed 06/26/13 Page 1 of 2

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June 26, 2013

VIA CM/ECF Hon. David E. Peebles United States Magistrate Judge Federal Building and United States Courthouse P.O Box 7345 Syracuse, New York 13261-734 Re: Laurie J. Fine v. ESPN, Inc., et al., No. 5:12-cv-00836 (LEK)(DEP) & Bernard a/k/a Bernie Fine v. ESPN, Inc., No. 5:13-cv-00652 (LEK)(DEP) Dear Judge Peebles: We represent defendants and plaintiffs in the two above-listed matters. The parties have conferred with respect to the possibility of consolidating these cases. The parties are in agreement that these cases should be consolidated for purposes of all pre-trial proceedings. At present the parties disagree about whether, if both cases were to be tried, the cases should be consolidated for purposes of trial. However, the parties agree that the question of trial consolidation need not be resolved now, and may appropriately be deferred until such time as the issue would be ripe. Therefore, we write jointly to respectfully move that the two cases be consolidated, pursuant to Fed. R. Civ. Pr. 42(a), for all pre-trial purposes, without prejudice to the right of any party to move for (and/or to oppose) trial consolidation if, after the resolution of any dispositive motions, both cases will be tried. See McChesney v. Hogan, 2009 WL 607398, at *2 (N.D.N.Y. Dec. 23, 2008) (attached hereto as Exhibit A) (noting that considerations of judicial economy ordinarily favor consolidation). Specifically, the parties propose that the two cases be consolidated, for pre-trial purposes, as follows: 1. 2. 3. The Laurie Fine Lawsuit shall be designated as the lead case (because it was the first filed) and all further filings will be made in that case. The plaintiffs will not be joined into one cause of action. Each plaintiff may file pleadings and papers solely on behalf of him-or-herself, or the plaintiffs may, at their election, file consolidated papers on behalf of both. Likewise, the defendants may, at their election, file a single consolidated pleading

Case 5:13-cv-00652-LEK-DEP Document 8 Filed 06/26/13 Page 2 of 2

Hon. David E. Peebles June 26, 2013 Page 2

or paper directed at both cases, or may file a pleading or paper directed at each case. When a party files a consolidated pleading, any applicable page limit shall be doubled.

Respectfully submitted, By: /s/ Nathan E. Siegel Nathan E. Siegel Levine Sullivan Koch & Schulz, LLP Counsel for Defendants ESPN, Inc., Mark Schwartz, Arthur Berko /s/ Lawrence H. Fisher Lawrence H. Fisher Cohen & Willwerth, P.C. Counsel for Plaintiff Laurie J. Fine /s/ Richard T. Sullivan Richard T. Sullivan HARRIS BEACH PLC. Counsel for Plaintiff Bernard aka Bernie Fine