I. Order

[1] A case management conference (“CMC”) will be held on one of the following dates:

· Monday, November 3, 2025, at 2 p.m. EST

· Tuesday, November 4, 2025, at 2 p.m. EST

· Wednesday, November 5, 2025, at 2 p.m. EST

[2] Counsels shall confirm their availability by October 22, 2025.

II. Background

[3] Following changes of personnel at the Fitness Industry Council (FIC) in June 2025, on July 18, 2025, the Board required FIC to clarify whether Ms. Andrea F. Rush remains FIC’s counsel in this proceeding.[1]

[4] On July 30, 2025, Mr. Zach Weston, FIC’s new Executive Director, informed the Board that FIC will continue to be represented by law firm Blaney LLP and that their legal counsel team will include Mr. David Ullman in this matter.

[5] In Order CB-CDA 2025-067, the Board ordered that SOCAN provide FIC’s counsel with the highly confidential version of its May 26, 2025, submissions within 7 days of receiving a signed copy of the confidentiality undertaking. FIC was to inform the Board when it had done so. The order further required that the parties file responses to the submissions that were filed pursuant to Board Order CB-CDA 2025-019, 21 days after the signed confidentiality undertaking is provided to SOCAN.

[6] On September 4, 2025, the Registry followed up by email with Mr. Ullman on the Board’s Order CB-CDA 2025-067. It indicated that the Board had not yet received the signed confidentiality undertaking, nor confirmation that it had been shared with SOCAN. The Registry asked Mr. Ullman whether he intended to sign the confidentiality undertaking. Mr. Weston was copied on this email.

[7] On September 11, 2025, Mr. Weston replied that to his knowledge, Mr. Ullman had not been provided with the “confidentiality document to review or sign.” Mr. Ullman did not respond to the September 4th email.

[8] On September 12, 2025, the Registry wrote to Mr. Ullman, informing him that the confidentiality undertaking was annexed to the confidentiality order which was issued in this proceeding on April 14, 2025. A copy was provided to him for reference. The Registry asked Mr. Ullman to confirm receipt. As of yet, Mr. Ullman has not responded to the September 12th email.

[9] The Case Manager reminds Parties that the Board is under the obligation to deal with matters as informally and expeditiously as the circumstances and considerations of fairness permit and, as such, this matter requires immediate attention from all Parties.

III. Case Management Conference

[10] At the CMC, counsels shall speak to:

1. The status of FIC’s counsel of record;

2. The status of negotiations;

3. The status of the confidentiality undertaking; and

4. Next steps.

[11] The Conference will be held via Zoom and should not exceed one hour. Details will be provided in advance once the date is confirmed.