Case 5:12-cv-00836-DEP Document 97 Filed 09/30/15 Page 1 of 3

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF NEW YORK
---------------------------------LAURIE J. FINE,
Plaintiff,
-againstESPN, Inc., a subsidiary of Walt Disney, Inc.;
MARK SCHWARZ, in his individual capacity
and as an employee of ESPN, and ARTHUR
BERKO, in his individual capacity and as an
employee of ESPN,
Defendants.
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Index No. 5:12-cv-00836 (DEP)

ECF Case

NOTICE OF MOTION FOR AN ORDER

FINDING PLAINTIFF TO BE A PUBLIC FIGURE
TO (via ECF):
Lawrence H. Fisher, Esq.
Kevin W. Tucker, Esq.
COHEN & WILLWERTH, P.C.
One Oxford Centre
301 Grant St., Suite 4300
Pittsburgh, PA 15219
Tel: (412) 894-8741
Fax: (412) 255-3701
Counsel for Plaintiff
PLEASE TAKE NOTICE that the undersigned counsel for Defendants ESPN Inc., Mark
Schwarz, and Arthur Berko shall move before the United States District Court for the Northern
District of New York on Wednesday, December 9, 2015 at 9:30 a.m., or as soon thereafter as the
matter can be heard, for an order finding plaintiff to be public figure within the meaning of
defamation law.

Case 5:12-cv-00836-DEP Document 97 Filed 09/30/15 Page 2 of 3

PLEASE TAKE FURTHER NOTICE that, pursuant to an agreement between the parties,
Plaintiffs opposition to the motion, if any, shall be served and filed by November 16, 2015, and
Defendants reply papers shall be served and filed by November 24, 2015.
PLEASE FURTHER TAKE NOTICE that, in support of this motion, undersigned
counsel shall rely on the accompanying Memorandum of Law and Declaration of Thomas Curley
and all exhibits attached thereto.

Dated: September 30, 2015

LEVINE SULLIVAN KOCH & SCHULZ, LLP

By:

/s/ Nathan E. Siegel

Nathan E. Siegel

Nathan E. Siegel
Thomas Curley (pro hac vice)
Rachel F. Strom
Paul J. Safier (pro hac vice)
1899 L Street, N.W., Suite 200
Washington, DC 20036
(202) 508-1100
Attorneys for Defendants ESPN Inc.,
Mark Schwarz, and Arthur Berko

Case 5:12-cv-00836-DEP Document 97 Filed 09/30/15 Page 3 of 3

CERTIFICATE OF SERVICE
I, Nathan E. Siegel, hereby certify that on this 30th day of September, I caused to be
served via ECF a true and correct copy of the foregoing Notice of Motion, and all supporting
papers, and, for those exhibits which cannot be filed through ECF, by Federal Express overnight
delivery, upon counsel of record as follows:
Lawrence H. Fisher, Esq.
Kevin W. Tucker, Esq.
COHEN & WILLWERTH, P.C.
One Oxford Centre
301 Grant St., Suite 4300
Pittsburgh, PA 15219
Tel: (412) 894-8741
Fax: (412) 255-3701
Counsel for Plaintiff

/s/ Nathan E. Siegel

Nathan E. Siegel