New World Music Company (LTD) et al v. Tampa Bay Downs, Inc. et al
John Baldwin, James Patrick Page, Famous Music LLC, Desmundo Music, Seven Peaks Music, Robert Plant, John Paul Jones, New World Music Company (LTD), Jimmy Page, WB Music Corp., Deston Music, Gladys Music, Dying Ego Music and Dood Music |
Stella F. Thayer, Tampa Bay Downs, Inc. and Robert L. Cassanese |
Peter J. Grilli |
Radio Disney Group, LLC |
8:2007cv00398 |
March 5, 2007 |
US District Court for the Middle District of Florida |
Tampa Office |
XX US, Outside State |
Virginia M Hernandez Covington |
Thomas B McCoun |
Copyright |
17 U.S.C. § 501 |
None |
Docket Report
This docket was last retrieved on April 3, 2009. A more recent docket listing may be available from PACER.
Document Text |
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Filing 79 Copyright Report sent to Washington. (Attachments: #1 Exhibit, Closing Order) (MRH) |
Filing 78 ORDER dismissing case. This Court's injunction #62, entered on January 6, 2009, is hereby VACATED. This case is DISMISSED with prejudice. Each party shall bear its own costs and fees. The clerk is directed to CLOSE this file. Signed by Judge Virginia M. Hernandez Covington on 4/2/2009. (MTD) |
Filing 77 STIPULATION to Satisfaction and Discharge of Judgment, Vacation of Injunction, and Voluntary Dismissal with Prejudice of Remaining Claims Herein by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin. (Page, Frederick) |
Filing 76 SATISFACTION OF JUDGMENT (Final Judgment on Consent) by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin. (Page, Frederick) |
Filing 75 SATISFACTION OF JUDGMENT (Final Judgment on Consent) by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, James Patrick Page, Robert Plant, John Baldwin. (Page, Frederick) |
Filing 74 ORDER directing administrative closure. See order for details. Signed by Judge Virginia M. Hernandez Covington on 1/30/2009. (MTD) |
Filing 73 NOTICE of Settlement Tentative by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin (Page, Frederick) |
Filing 72 ENDORSED ORDER granting #71 motion for extension of time to file. Radio Disney may file a motion for summary judgment on or before 2/10/2009. Signed by Judge Virginia M. Hernandez Covington on 1/28/2009. (MTD) |
Filing 71 Consent MOTION for Extension of Time to File Motion for Summary Judgment by Radio Disney Group, LLC. (Durkin, Denis) |
Filing 70 DECLARATION of K. Jessica Miller re #68 MOTION for attorney fees MOTION for taxation of costs by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin. (Attachments: #1 Exhibit)(Miller, K.) |
Filing 69 DECLARATION of Frederick D. Page re #68 MOTION for attorney fees MOTION for taxation of costs by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin. (Attachments: #1 Exhibit)(Miller, K.) |
Filing 68 MOTION for attorney fees, MOTION for taxation of costs by all plaintiffs. (Miller, K.) |
Filing 67 ENDORSED ORDER granting #66 motion to continue and reopen the period for filing motions for summary judgment. The Final Pretrial Conference, scheduled for January 15, 2009, and the trial, scheduled for the March 2009, trial term, are hereby continued. The Court will reschedule by separate order. Radio Disney may file a motion for summary judgment on or before 1/27/2009. Signed by Judge Virginia M. Hernandez Covington on 1/12/2009. (MTD) |
Filing 66 Joint MOTION to continue Pretrial Conference and Trial Term and to Re-Open the Period to Permit Filing a Motion for Summary Judgment by Tampa Bay Downs, Inc., Stella F. Thayer, Robert L. Cassanese, Radio Disney Group, LLC. (Durkin, Denis) |
Filing 65 Remark: Report on the Filing or Determination of an Action or Appeal Regarding a Copyright with copies of #62 Order, [63} Judgment, and {64] Amended Judgment mailed to Register of Copyrights (MRH). |
Filing 64 AMENDED JUDGMENT to correct case number only in favor of Desmundo Music, Deston Music, Dood Music, Dying Ego Music, Famous Music LLC, Gladys Music, New World Music Company (LTD), Seven Peaks Music, WB Music Corp., James Patrick Page, John Baldwin, Robert Plant against Tampa Bay Downs, Inc., Stella F. Thayer in the amount of $90,000 in damages. Signed by Deputy Clerk on 1/6/2009. (MRH) |
Filing 63 JUDGMENT in favor of Desmundo Music, Deston Music, Dood Music, Dying Ego Music, Famous Music LLC, Gladys Music, New World Music Company (LTD), Seven Peaks Music, WB Music Corp., James Patrick Page, John Baldwin, Robert Plant against Tampa Bay Downs, Inc., Stella F. Thayer in the amount of $90,000 in damages. Signed by Deputy Clerk on 1/6/2009. (MRH) |
Filing 62 ORDER GRANTING #39 Plaintiffs' Motion for Summary Judgment as to Defendants Tampa Bay Downs, Inc. and Stella F. Thayer, but DENYING as to Defendant Robert L. Cassanese. Defendants Stella Thayer and Robert Cassanese's Motion for Summary Judgment #46 is GRANTED as to Robert Cassanese and DENIED as to Stella Thayer. Defendants Tampa Bay Downs, Inc., and Stella F. Thayer are found jointly and severally liable for six counts of copyright infringement. The Clerk is directed to enter judgment in favor of Plaintiffs and against Defendants Tampa Bay Downs and Stella Thayer in the amount of $90,000 in damages. Defendants are permanently enjoined from further infringement as set forth in the Order. The Court retains jurisdiction to consider a motion for an award of attorney's fees and costs to be submitted within fourteen (14) days of the date of this order. Signed by Judge Virginia M. Hernandez Covington on 1/6/2009. (PPB) Modified on 4/2/2009 (MRH). NOTE: VACATED PURSUANT TO #78 ORDER ENTERED 4/2/09/ |
Filing 61 REPLY to response to motion re #39 MOTION for summary judgment Against Defendants and Supporting Memorandum of Law filed by Robert L. Cassanese, Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin. (Miller, K.) |
Filing 60 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference hearing previously scheduled for 12/4/2008 is rescheduled. New scheduling date and time: Bench Trial set during March 2009 at 09:00 AM in Courtroom 14 B before Judge Virginia M. Hernandez Covington. Final Pretrial Conference set for January 15, 2009 at 01:30 PM in Courtroom 14 B before Judge Virginia M. Hernandez Covington.(LS) |
Filing 59 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: Status Conference held on 11/25/2008. Matter reset for the March trial calendar with a pretrial conference in January, 2009. Court Reporter: Paul Spangler (LS) |
Filing 58 ENDORSED ORDER granting #52 Motion for leave to file a reply brief. The Plaintiffs may file a reply brief of no more than five pages on or before 12/3/2008. Signed by Judge Virginia M. Hernandez Covington on 11/25/2008. (MTD) |
Filing 57 NOTICE of Hearing: Status Conference set for Tuesday, 11/25/2008 at 02:00 PM in Courtroom 14 B before Judge Virginia M. Hernandez Covington. (LS) |
Filing 56 DEPOSITION of Tampa Bay Downs Representative Peter Berube taken on 8.27.2008 re: #39 MOTION for summary judgment by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin.(Miller, K.) Modified on 11/13/2008 (MRH). NOTE: REMOVED UNNECESSARY TEXT. |
Filing 55 DEPOSITION of Tampa Bay Downs Representative Peter Berube taken on 9.9.2008 re: #39 MOTION for summary judgment by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin.(Miller, K.) Modified on 11/13/2008 (MRH). NOTE: REMOVED UNNECESSARY TEXT. |
Filing 54 MEMORANDUM in opposition re #52 Motion for leave to file filed by Tampa Bay Downs, Inc., Stella F. Thayer, Robert L. Cassanese. (Smith, H.) |
Filing 53 MEMORANDUM in opposition re #52 Motion for leave to file filed by Tampa Bay Downs, Inc., Stella F. Thayer, Robert L. Cassanese. (Smith, H.) Modified on 10/22/2008 (MRH). NOTE: TERMINATED. INCOMPLETE ELECTRONIC SIGNATURE. ATTORNEY NOTIFIED. ATTORNEY TO REFILE. |
Filing 52 MOTION for leave to file Reply Brief to Defendants' Opposition to Plaintiffs' Motion for Summary Judgment by all plaintiffs. (Miller, K.) |
Filing 51 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Comference hearing previously scheduled for 11/13/2008 @10:00 a.m. is rescheduled. New scheduling date and time: Final Pretrial Conference set for 12/4/2008 at 09:45 AM in Courtroom 14 B before Judge Virginia M. Hernandez Covington.(LS) |
Filing 50 MEMORANDUM in opposition re #39 Motion for summary judgment filed by Tampa Bay Downs, Inc., Stella F. Thayer, Robert L. Cassanese. (Smith, H.) |
Filing 49 RESPONSE in opposition re #46 MOTION for summary judgment filed by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin. (Miller, K.) |
Filing 48 ENDORSED ORDER granting #47 Unopposed Motion for Enlargement of Time, filed by Defendants Tampa Bay Downs, Inc., Stella Thayer, and Robert L. Cassanese. Defendants may file a response to #39 Plaintiffs' Motion for Summary Judgment on or before 10/9/08. Signed by Judge Virginia M. Hernandez Covington on 9/25/2008. (MTD) Modified on 9/25/2008 (MRH). |
Filing 47 MOTION to extend time to October 9,2008 by all defendants. (Smith, H.) |
Filing 46 MOTION for summary judgment by Stella F. Thayer, Robert L. Cassanese. (Smith, H.) |
Filing 45 DECLARATION of Douglas Jones re #39 MOTION for summary judgment Against Defendants and Supporting Memorandum of Law by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin. (Attachments: #1 Exhibit Exhibit A, Part 1 of 3, #2 Exhibit A, Part 2 of 3, #3 Exhibit A, Part 3 of 3, #4 Exhibit B)(Miller, K.) |
Filing 44 DEPOSITION of Walter Busse taken on 08/09/2007 re: #39 MOTION for summary judgment Against Defendants and Supporting Memorandum of Law by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin.(Miller, K.) |
Filing 43 DEPOSITION of Tampa Bay Downs, Inc. taken on 09/09/2008 re: #39 MOTION for summary judgment Against Defendants and Supporting Memorandum of Law by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin.(Miller, K.) Modified on 11/12/2008 (MRH). NOTE: TERMINATED. COUNSEL TO REFILE. EVERY OTHER PAGE MISSING. |
Filing 42 DEPOSITION of Tampa Bay Downs, Inc. taken on 08/27/2007 re: #39 MOTION for summary judgment Against Defendants and Supporting Memorandum of Law by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin.(Miller, K.) Modified on 11/12/2008 (MRH). NOTE: TERMINATED. COUNSEL TO REFILE. EVERY OTHER PAGE MISSING. |
Filing 41 AFFIDAVIT of Melissa Battino Purin re: #39 MOTION for summary judgment Against Defendants and Supporting Memorandum of Law by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (Part 1 of 2), #6 Exhibit E (Part 2 of 2), #7 Exhibit F)(Miller, K.) |
Filing 40 DECLARATION of Walter G. Busse re #39 MOTION for summary judgment Against Defendants and Supporting Memorandum of Law by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin. (Miller, K.) |
Filing 39 MOTION for summary judgment Against Defendants and Supporting Memorandum of Law by all plaintiffs. (Attachments: #1 Exhibit 1-7, #2 Exhibit 9-13, #3 Exhibit 14-18)(Miller, K.) |
Filing 38 MOTION for summary judgment by Stella F. Thayer, Robert L. Cassanese. (Smith, H.) Modified on 9/16/2008 (MRH). NOTE: TERMINATED. NO ELECTRONIC SIGNATURE. NO E-MAIL ADDRESS IN SIGNATURE BLOCK. ATTORNEY NOTIFIED. ATTORNEY TO REFILE. |
Filing 37 NOTICE to counsel of new case number, 8:07-cv-398-T-33TBM and judge assignment, District Judge Virginia M. Hernandez Covington. (MRH) |
Case Reassigned to Judge Virginia M. Hernandez Covington. New case number: 8:07-cv-398-T-33TBM. Judge Steven D. Merryday no longer assigned to the case. (MRH) |
Filing 36 MEDIATION REPORT Hearing held on June 23, 2008 Hearing outcome: the parties have agreed to keep the mediation open for additional 30 days.(Grilli, Peter) |
Filing 35 NOTICE of mediation to be held on Monday, June 23, 2008 @ 9:30 a.m. before Peter J. Grilli, Esq.. (Grilli, Peter) |
Filing 34 ORDER granting #33--motion to extend to 6/23/08 the time within which to mediate. Signed by Judge Steven D. Merryday on 3/17/2008. (BK) |
Filing 33 MOTION to extend time to June 23, 2008 for Completion of Mediation by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, Desmundo Music, Deston Music, New World Music Company (LTD), Robert Plant, John Baldwin. (Miller, K.) |
Filing 32 NOTICE of mediation to be held on 9:30 a.m. May 14, 2008 before Peter J. Grilli. (Miller, K.) |
Filing 31 ORDER--Second--mediation order appointing Peter J. Grilli as mediator, directing mediation by 7/11/2008, and directing lead counsel, Frederick Dyer Page, to coordinate date and file notice of mediation within twenty days of this order. Signed by Judge Steven D. Merryday on 2/8/2008. (BK) |
Filing 30 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Joinder of Parties due by 7/11/2008, Discovery due by 8/11/2008, Dispositive motions due by 9/15/2008, Pretrial Conference set for 11/13/2008 at 10:00 AM in Courtroom 12 B before Magistrate Judge Thomas B. McCoun III, Bench Trial set for trial term commencing 1/5/2009 at 01:30 PM in Courtroom 15 A before Judge Steven D. Merryday. Signed by Judge Steven D. Merryday on 1/17/2008. (maa) |
Filing 29 CASE MANAGEMENT REPORT. (Miller, K.) |
Filing 28 AFFIRMATIVE DEFENSES AND ANSWER to #17 Third party complaint by Radio Disney Group, LLC.(Durkin, Denis) |
Filing 27 ORDER granting #23 Joint Motion for leave to file amended case management report. Signed by Judge Steven D. Merryday on 12/21/2007. (maa) |
Filing 26 ORDER granting #25--motion by Radio Disney Group, LLC to extend to 1/4/2008 the time within which to respond to #17--third-party complaint. Signed by Judge Steven D. Merryday on 12/17/2007. (BK) |
Filing 25 Consent MOTION for extension of time to file answer or otherwise plead re #17 Third party complaint and Incorporated Memorandum of Law by Radio Disney Group, LLC. (Durkin, Denis) |
Filing 24 Consent MOTION for Extension of Time to File Response/Reply as to #17 Third party complaint And Incorporated Memorandum of Law by Radio Disney Group, LLC. (Durkin, Denis) Motions referred to Magistrate Judge Thomas B. McCoun, III. Modified on 12/17/2007 MRH). NOTE: TERMINATED. INCORRECT CODE. ATTORNEY NOTIFIED. ATTORNEY TO REFILE. |
Filing 23 Joint MOTION for leave to file Amended Case Management Report by Radio Disney Group, LLC, Tampa Bay Downs, Inc., Stella F. Thayer, Robert L. Cassanese, Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Peter J. Grilli, Robert Plant, John Baldwin. (Miller, K.) |
Filing 22 NOTICE of Appearance by Denis L. Durkin on behalf of Radio Disney Group, LLC (Durkin, Denis) |
Filing 21 ORDER granting #20--motion by third-party defendant Radio Disney Group, LLC to extend to 12/17/2007 the time within which to respond to #17--third party complaint. Signed by Judge Steven D. Merryday on 11/29/2007. (BK) |
Filing 20 Unopposed MOTION for extension of time to file answer or otherwise plead by Radio Disney Group, LLC. (Giacalone, Margaret) |
Filing 19 RETURN of service executed on October 29, 2007 by Tampa Bay Downs, Inc. as to Radio Disney Group, LLC. (Smith, H.) |
Filing 18 Summons issued as to third-party complaint as to Radio Disney Group, LLC. (mrh) |
Filing 17 THIRD PARTY COMPLAINT of Defendants against Radio Disney Group, LLC filed by all defendants.(Smith, H.) |
Filing 16 ORDER granting #13--motion for leave to file third-party complaint; denying #15--motion to strike. Third-party complaint due 10/24/2007. Signed by Judge Steven D. Merryday on 10/10/2007. (BK) |
Filing 15 MOTION to strike by all defendants. (Smith, H.) Motions referred to Magistrate Judge Thomas B. McCoun, III. |
Filing 14 RESPONSE in opposition re #13 MOTION for leave to file third party complaint filed by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin. (Attachments: #1 Exhibit 1)(Miller, K.) |
Filing 13 MOTION for leave to file third party complaint by all defendants. (Smith, H.) |
Filing 12 MEDIATION REPORT Hearing held on September 11, 2007 Hearing outcome: the parties have reached an impasse.(Grilli, Peter) |
Filing 11 NOTICE by Peter J. Grilli Notice of Scheduled Mediation (Grilli, Peter) |
Filing 10 ORDER REFERRING CASE to mediation before Peter J. Grilli, Mediator. Lead counsel Frederick Dyer Page to coordinate dates and file a notice of mediation within twenty days. Mediation shall be conducted on or before 11/05/2007.Signed by Judge Steven D. Merryday on 5/11/2007. (Attachments: #1 mediation attachment/report) (maa) |
Filing 9 CASE MANAGEMENT AND SCHEDULING ORDER: Joinder of Parties due by 9/17/2007, Discovery due by 12/13/2007, Dispositive motions due by 1/31/2008, Final Pretrial Conference set for 3/6/2008 at 11:30 AM in Courtroom 12 B before Magistrate Judge Thomas B. McCoun III, Bench Trial set for trial term commencing 5/5/2008 at 01:30 PM in Courtroom 15 A before Judge Steven D. Merryday. Signed by Judge Steven D. Merryday on 5/11/2007. (maa) |
Filing 8 CASE MANAGEMENT REPORT. (Miller, K.) |
Filing 7 DEFENDANTS' ANSWER and defenses to complaint by Tampa Bay Downs, Inc., Stella F. Thayer, Robert L. Cassanese.(Smith, H.) Modified on 4/16/2007 (jlh, ). |
Filing 6 RETURN of service executed on March 28, 2007 by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin as to Tampa Bay Downs, Inc.. (Page, Frederick) |
Filing 5 RETURN of service executed on March 28, 2007 by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin as to Robert L. Cassanese. (Page, Frederick) |
Filing 4 RETURN of service executed on March 28, 2007 by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin as to Stella F. Thayer. (Page, Frederick) |
Filing 3 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 3/12/2007. (maa) |
Filing 2 Summons issued as to Tampa Bay Downs, Inc., Stella F. Thayer, Robert L. Cassanese. (jlh, ) |
Filing 1 COMPLAINT against Tampa Bay Downs, Inc., Stella F. Thayer, Robert L. Cassanese (Filing fee $ 350 receipt number T040720) filed by Gladys Music, Famous Music LLC, Dying Ego Music, Dood Music, Seven Peaks Music, WB Music Corp., Desmundo Music, Deston Music, New World Music Company (LTD), James Patrick Page, Robert Plant, John Baldwin.(jlh, ) |
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