In a recent development, U.S. District Court Judge Margaret Garnett has ordered a pretrial conference for September 12 in New York, concerning the dispute over the proposed streaming service Venu Sports. The conference will address several crucial issues, including the defendants’ motion to dismiss the lawsuit filed by Fubo, outstanding discovery matters, and the potential timeline for a jury trial, which could begin in February 2025.
Earlier this month, Judge Garnett issued a preliminary injunction blocking the launch of Venu Sports, a joint venture involving Disney, Fox Corp., and Warner Bros. Discovery. The injunction was granted in response to Fubo’s antitrust lawsuit, though the central antitrust case remains unresolved.
In reaction to the ruling, Disney, Fox, and Warner Bros. Discovery have sought an expedited review from the U.S. Court of Appeals for the Second Circuit. They argue that Judge Garnett’s decision contains significant legal errors and stress that swift action is necessary. According to their motion, the joint venture partners have already invested $74 million in preparing Venu for launch—covering personnel and technology costs, but excluding research, legal fees, and other expenses. They claim the injunction has led to substantial financial losses, left numerous employees in limbo, and deprived consumers of a new, innovative product and the increased competition it would bring.
Fubo has agreed to an expedited briefing schedule for the appeal but has criticized the defendants’ motion for what it describes as “numerous misstatements, unsupported factual assertions, and mischaracterizations” of the district court’s decision.