F.B.T. Productions, LLC, et al v. Aftermath Records, et al
Hip-hop star Eminem scored a huge appellate court ruling against Universal Music Group ('UMG'). According to the U.S. Court of Appeals for the Ninth Circuit, Eminem gets 'unambiguous' 50% royalties for each iTunes song download and ringtone. UMG vowed to appeal the 9th Circuit ruling.
| F.B.T. PRODUCTIONS, LLC and EM2M, LLC |
| AFTERMATH RECORDS, DBA Aftermath Entertainment, INTERSCOPE RECORDS, UMG RECORDING, INC. and ARY, INC. |
| MOTOWN ALUMNI ASSOCIATION |
| 09-56069 |
| July 10, 2009 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Contract Actions |
Docket Report
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This docket was last retrieved on September 3, 2010. A more recent docket listing may be available from PACER.
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Filing 42
FILED OPINION (JEROME FARRIS, CYNTHIA HOLCOMB HALL and BARRY G. SILVERMAN) REVERSED; VACATED; REMANDED. Judge: BGS Authoring. FILED AND ENTERED JUDGMENT. [7462343] [09-55817, 09-56069] (RP)
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| Filing 41 Filed order (JEROME FARRIS, CYNTHIA HOLCOMB HALL and BARRY G. SILVERMAN): Appellees’ motion to defer submission is DENIED. [7425648] [09-55817, 09-56069] (AF) |
| Filing 40 Filed (ECF) Appellees Aftermath Records, Ary, Inc., Interscope Records and UMG Recording, Inc. in 09-55817, 09-56069 reply to response (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 08/02/2010. [7425407] [09-55817, 09-56069] (MEL) |
| Filing 39 Filed (ECF) Appellants Em2M, LLC and F.B.T. Productions, LLC in 09-55817, 09-56069 response opposing motion (,motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 07/28/2010. [7421266] [09-55817, 09-56069] (JBF) |
| Filing 38 Filed (ECF) Appellees Aftermath Records, Ary, Inc., Interscope Records and UMG Recording, Inc. in 09-55817, 09-56069 Motion for miscellaneous relief [APPELLEES’ MOTION TO DEFER SUBMISSION PENDING U.S. SUPREME COURT’S DECISION IN ORTIZ v. JORDAN]. Date of service: 07/21/2010. [7413628] [09-55817, 09-56069] (MEL) |
| Filing 37 ARGUED AND SUBMITTED TO JEROME FARRIS, CYNTHIA HOLCOMB HALL and BARRY G. SILVERMAN. [7400749] [09-55817, 09-56069] (LN) |
| Filing 36 Received 7 paper copies of Amicus brief [12] filed by Motown Alumni Association. (Sent to panel) [7398386] [09-55817, 09-56069] (SD) |
| Filing 35 Filed (ECF) Appellants Em2M, LLC and F.B.T. Productions, LLC in 09-55817, 09-56069 Correspondence: Letter to clerk of the court dated July 6, 2010, re providing citations to additional authority. Date of service: 07/06/2010 [7394803] [09-55817, 09-56069] (JBF) |
| Filing 34 Filed clerk order: The amicus brief [12] submitted by Motown Alumni Association is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7393258] [09-55817, 09-56069] (GLS) |
| Filing 33 Filed clerk order (Deputy Clerk:AF): The Motown Alumni Association’s motion for leave to file its amicus brief is GRANTED. [7392765] [09-55817, 09-56069] (AF) |
| Filing 32 Notice of Oral Argument on JULY Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: PASADENA Office. Attention: The Notice of Docket Activity may not list your case number. Please open attached documents to view details about your case. [7362666] [09-55817, 09-56069] (LN) |
| Filing 31 Received 7 paper copies of Reply brief [27] filed by Em2M, LLC and F.B.T. Productions, LLC. [7300226] [09-55817, 09-56069] (SD) |
| Filing 30 Filed Appellants Em2M, LLC and F.B.T. Productions, LLC in 09-55817 excerpts of record in 2 volumes. Volume 2 Filed UNDER SEAL. Served on 03/24/2010. [7295306] [09-55817, 09-56069] (WP) |
| Filing 29 Filed clerk order: The reply brief [27] submitted by Em2M, LLC and F.B.T. Productions, LLC in 09-55817 is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7295294] [09-55817, 09-56069] (WP) |
| Filing 28 Filed order (Appellate Commissioner) Appellants' motion for leave to file an oversized reply brief is granted. The Clerk shall file the reply brief received March 25, 2010. (Pro Mo) [7293804] [09-55817, 09-56069] (MS) |
| Filing 27 Submitted (ECF) Reply brief for review and filed Motion to file oversized brief. Submitted by Appellants Em2M, LLC and F.B.T. Productions, LLC in 09-55817, 09-56069. Date of service: 03/24/2010. [7277579] [09-55817, 09-56069] (JBF) |
| Filing 26 Received 7 paper copies of Answering brief [20] filed by Aftermath Records and UMG Recording, Inc. [7256849] [09-55817, 09-56069] (SD) |
| Filing 25 Filed revised clerk order (Deputy Clerk:LKK): This order revises the reply brief's due date. Appellees' motion for leave to file an oversized answering brief of 14,404 words is granted. The Clerk shall file the answering brief received February 24, 2010. The optional reply brief remains due March 24, 2010. [7256363] [09-55817, 09-56069] (AF) |
| Filing 24 ENTRY UPDATED. Filed Appellee Aftermath Records excerpts of record in 2 volumes. Served on 02/24/2010. Volume 2 filed (UNDER SEAL ) [7251113] [09-55817, 09-56069]--[Edited 03/03/2010 by WP] Served on. [7251113] [09-55817, 09-56069] (WP) |
| Filing 23 Filed clerk order: The answering brief [20] submitted by Aftermath Records and UMG Recording, Inc is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7251079] [09-55817, 09-56069] (WP) |
| Filing 22 Filed clerk order (Deputy Clerk:LKK): Appellees' motion for leave to file an oversized answering brief of 14,404 words is granted. The Clerk shall file the answering brief received February 24, 2010. The optional reply brief is due within 14 days after the date of this order. [7249203] [09-55817, 09-56069] (AF) |
| Filing 21 Received Appellees Aftermath Records, Ary, Inc., Interscope Records and UMG Recording, Inc. in 09-55817 excerpts of record in 2 volumes. Volume 2 filed under seal. Served on 02/24/2010 [7245300] [09-55817, 09-56069] ( Shelf) (WP) |
| Filing 20 Submitted (ECF) Answering brief for review and filed Motion to file oversized brief. Submitted by Appellees Aftermath Records, Ary, Inc., Interscope Records and UMG Recording, Inc. in 09-55817, 09-56069. Date of service: 02/24/2010. [7243560] [09-55817, 09-56069] (MEL) |
| Filing 19 Filed certificate of record on appeal. RT filed in DC 08/03/10 [7213565] (RL) |
| Filing 18 Filed (ECF) Appellants Em2M, LLC and F.B.T. Productions, LLC in 09-55817, 09-56069 Correspondence: Letter to court re scheduling of oral argument. Date of service: 01/27/2010 [7210960] [09-55817, 09-56069] (JBF) |
| Filing 17 Filed revised clerk order (Deputy Clerk:LKK): This order is revised to correct the answering and reply briefs' due dates. Appellants' motion for leave to file an oversized opening brief of 15,152 words and to file the opening brief underseal is granted. The Clerk shall file the opening brief received December 28, 2009 under seal. The answering brief is remains due February 24, 1010. The optional reply brief is due March 24, 2010. The Motown Alumni Association's motion for leave to file amicus brief and any related filings shall be referred to the panel that will decide the merits of the appeal. Any further request for leave to file an amicus brief shall be treated in the same fashion. [7199475] [09-55817, 09-56069] (AF) |
| Filing 16 Received 7 paper copies of Opening brief [8] filed by Em2M, LLC and F.B.T. Productions, LLC[7198580] [09-55817, 09-56069] (SD) |
| Filing 15 Filed clerk order: The opening brief [8] submitted by Em2M, LLC and F.B.T. Productions, LLC is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7192920] [09-55817, 09-56069] (WP) |
| Filing 14 Filed clerk order (Deputy Clerk:LKK): Appellants' motion for leave to file an oversized opening brief of 15,152 words and to file the opening brief underseal is granted. The Clerk shall file the opening brief received December 28, 2009 under seal. The answering brief is due 30 days after the date of this order. The optional reply brief is due within 14 days after service of the answering brief. The Motown Alumni Association's motion for leave to file amicus brief and any related filings shall be referred to the panel that will decide the merits of the appeal. Any further request for leave to file an amicus brief shall be treated in the same fashion. [7191289] [09-55817, 09-56069] (AF) |
| Filing 13 Entered appearance of Amicus Curiae - Motown Alumni Association [7185311] [09-55817, 09-56069] (WP) |
| Filing 12 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Motown Alumni Association. Date of service: 01/04/2010. [7182221] [09-55817, 09-56069] (JMS) |
| Filing 11 Filed Appellants' excerpts of record in 6 volumes (Vols. 5 & 6 FILED UNDER SEAL). Served on 12/28/2009. [7179112] [09-55817, 09-56069] (LA) |
| Filing 10 Filed Appellants' motion to file oversized opening brief and to file portions of brief under seal, with 1 copy of proposed SEALED brief. Served on 12/28/2009. [7179088] [09-55817, 09-56069] (LA) |
| Filing 9 Received Appellants' notification of the necessity to file under seal portions of appellants' excerpts of record (Vols. 5 & 6), with DC protective order attached. [7179058] [09-55817, 09-56069] (LA) |
| Filing 8 Submitted (ECF) Opening brief for review. Submitted by Appellants Em2M, LLC and F.B.T. Productions, LLC in 09-55817, 09-56069. Date of service: 12/28/2009. [7176968] [09-55817, 09-56069]--[Edited 01/19/2010 by BY]--[Edited 01/19/2010 by BY] (JBF) |
| Filing 7 Filed order MEDIATION (PWS): These appeals are consolidated. The briefing schedule previously set by the court is reset as follows: appellants shall file an opening brief on or before December 28, 2009; appellees shall file an answering brief on or before February 24, 2010; appellants may file an optional reply brief on or before March 24, 2010. These cases are released from the Mediation Program. All further inquiries regarding these appeals, including requests for extensions of time, should be directed to the Clerk’s office. [7099948] [09-55817, 09-56069] (AF) |
| Filing 6 Filed (ECF) transcript designation. Date of service: 08/07/2009. [7019776] --[COURT removed filing from 09-55817. 08/07/2009 by MA] (DBA) |
| Filing 5 Filed order MEDIATION (PWS): These appeals are selected for inclusion in the Mediation Program. During the time the appeals remain in the Mediation Program, all procedural matters should be brought to the attention of the Circuit Mediator. An in-person mediation will be held on July 31, 2009, beginning at 10:00 a.m., at the U.S. Court of Appeals, Mural Room, 125 South Grand Avenue, Pasadena, California [telephone 626-229-7263 - for direction inquiry only]. Participants shall have full authority to negotiate and settle the case on any terms at the conference. Mediation statements of no more than 10 pages double spaced, 12 point type, shall be submitted to the Circuit Mediator [fax no. (415) 355-8566] on or before July 29, 2009. Mediation statements shall contain brief statements of the following:......Mediation statements shall not be filed with the court. [7006100] [09-55817, 09-56069] (AF) |
| Filing 4 Filed (ECF) transcript designation. Date of service: 07/17/2009. [6996446] (DBA) |
| Filing 3 Filed Appellants Em2M, LLC and F.B.T. Productions, LLC Civil Appeals Docketing Statement. Served on 07/09/2009. [6987993] (BG) |
| Filing 2 Filed representation notice of Daniel B. Asinow for Appellants. Served on 07/09/2009. [6987983] (BG) |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND CADS: No. The schedule is set as follows: Transcript order for Appellant Em2M, LLC and Appellant F.B.T. Productions, LLC due 08/10/2009. Transcript due for Orig Clerk USDC, Los Angeles on 11/09/2009. Certificate of record due 11/16/2009. Appellant Em2M, LLC and Appellant F.B.T. Productions, LLC opening brief due 12/28/2009. Appellee Aftermath Records, Appellee Ary, Inc., Appellee Interscope Records and Appellee UMG Recording, Inc. answering brief due 01/27/2010. Appellant's optional reply brief is due 14 days after service of the answering brief. [6987907] (BG) |
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