NDTV-TAM case: Court to take decision on 14 Dec

The Supreme Court of the State of New York will decide on 14 December on the motions to dismiss the complaints filed against WPP, Kantar Media Research, IMRB International, JWT and Cavendish Square Holding by NDTV.

Fundamentally, the court will decide on the issues of insufficiency of service of process, lack of personal jurisdiction, among others.

[caption id=“attachment_447362” align=“alignleft” width=“380”]  Representational image. Getty Images[/caption]

The following lists the developments leading to the decision of the court as also the schedule announced by the court.

On 28 August, 2012 Kantar Media Research Pvt. Ltd., IMRB International, Cavendish Square Holding B.V., J. Walter Thompson , and WPP, PLC (collectively the “Moving Defendants”), moved the Supreme Court of the State of New York by Notice of Motion, dated August 28, 2012 for an Order:

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(1) Dismissing the complaint against all Moving Defendants pursuant for insufficiency of service of process

(2) Dismissing the complaint against Kantar pursuant to for lack of personal jurisdiction

(3) Dismissing the complaint against all Moving Defendants pursuant to on the grounds of forum non conveniens

(4) Dismissing the complaint against all Moving Defendants pursuant to for failure to plead with sufficient particularity

(5) Dismissing the complaint against all Moving Defendants pursuant to for failure to state a cause of action

The Moving Defendants had claimed that Kantar Market Research Services Pvt. Ltd. was improperly sued as Kantar; that Hindustan Thompson Associates Private Limited was improperly sued as IMRB; and that JWT was improperly sued, for the reasons stated in the Motions to Dismiss.

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• After the Motions to Dismiss had been filed, The Supreme Court of New York had set the return date for the Motions to Dismiss on September 13, 2012.

• NDTV was asked to serve and file opposition papers to the Motions to Dismiss on September 6, 2012.

• On August 30, 2012, NDTV filed a letter application requesting a conference with the Court to set forth an appropriate schedule for the Motions to Dismiss, the intended motions to dismiss to be filed by the Nielsen Defendants ( “Nielsen Motions to Dismiss”) and the intended amended complaint to be filed by NDTV (the “Amended Complaint”).

• On August 30, 2012, Defendants, TNC (US) Holdings Inc., The Nielsen

• Company (US), LLC, VNU Marketing Information, Inc; ACN

• Holdings INC. and AC Nielsen Corporation (collectively the “Nielsen

• Defendants”), through their counsel, Paul, Weiss Rifkind, Wharton & Garrison LLP, filed a Notice of Appearance.

• On August 30, 2012, the Court granted NDTV’s application for a conference between the parties.

• On August 31, 2012, the Court conducted a conference, via telephone, with counsel for NDTV counsel for the Moving Defendants and counsel for the Nielsen Defendants.

• On the conference call, counsel for NDTV indicated that NDTV will conduct an investigation as to whether or not Kantar, IMRB and JWT were properly named in the complaint, and, if not, NDTV will make the necessary changes in the Amended complaint.

Having considered all of the papers and arguments regarding the scheduling disputes, the Court ordered that:

1. NDTV file and serve its Amended Complaint on or before October 5, 2012, via electronic filing

2. The Moving Defendants file and serve their supplemental motion papers responding to the Amended Complaint, if any, on or before October 19, 2012, via electronic filing

3. The Nielsen Defendants file and serve the Nielsen Motions to Dismiss on or before October 19, 2012, via electronic filing

4. NDTV file and serve its opposition papers to the Motions to Dismiss and the Nielsen Motions to Dismiss on or before November 16, 2012, via electronic filing

5. The Moving Defendants file and serve their reply papers regarding the Motions to Dismiss on or before December 7, 2012, via electronic filing

6. The Nielsen Defendants file and serve their reply papers regarding the Nielsen Motions to Dismiss on or before 7 December, 2012, via electronic filing

7. The return date for the Motions to Dismiss is adjourned until December 14, 2012

8. The return date for the Nielsen Motions to Dismiss shall be December 14, 2012.