The U.S. Court of Appeals for the Ninth Circuit has received a proposed amended schedule for when it will formally hear arguments in Nexstar Media Group‘s appeal of a preliminary injunction signed by a California Eastern District Court Judge preventing it from fully merging its acquired TEGNA assets.
The trial wouldn’t start until after Independence Day — next year.
The antitrust case, which sees Nexstar seek to overturn a decision by District Judge Troy Nunley, is perhaps one of the most pivotal ever seen for the television industry. Should the Ninth Circuit overturn Nunley’s decision, it could fuel a new wave of consolidation among broadcast TV owners. Until that decision arrives, which could take two to three years, a chilling effect has quickly spread across the landscape, putting potential swaps and mergers on hold — at least with respect to Form 314 filings at the FCC.
The motion to amend the initial pretrial scheduling order was submitted on behalf of Nexstar and TEGNA.
With the deadline for all parties to reproduce investigation materials already passed for Nexstar and TEGNA and DirecTV, as well as the group of state Attorney General seeking to block the merger, Nexstar and TEGNA now seek the following dates as it pertains to the course of events leading up to an eventual trial:
- Initial RFPs: August 20, 2026
- Deadline for Production of Privilege Logs for Documents Produced By Substantial Completion: September 8, 2026 at 5pm Pacific
- Close of Fact Discovery: December 10, 2026
- Initial Expert Report: January 14, 2027
- Rebuttal Expert Report(s): February 18, 2027
From there, an April 15, 2027 close of expert discovery would be set, with an exchange of preliminary witness lists coming by April 22, 2027. May 2027 would see objections and oppositions arrive at the court, ahead of a June 10, 2027 joint pre-trial statement due date and a June 24, 2027 pre-trial conference.
The trial date would be set for July 7, 2027.
The estimated trial length is 15 days, the defendants state.
It remains up to the court to decide if this schedule passes muster.
Meanwhile, California state AG Rob Bonta last week submitted paperwork with the Ninth Circuit asking that the preliminary injunction be upheld, using arguments fueled by DirecTV that “this massive combination, if permitted, would have substantial and increased power to extract higher prices—which consumers ultimately pay—and to control and degrade the quality and quantity of broadcast television content, such as local news.”
The FCC has repeatedly rejected this assertion from DirecTV in challenges to duopoly and triopoly creations the Commission has approved, on the grounds that it is based on assumption and not fact.
