Highsteppin' Productions, LLC v. Porter et al
| Highsteppin' Productions, LLC |
| George Porter, Jr., Russell Batiste, Brian Stoltz, Porter Batiste Stoltz, LLC, Bugaloo Music, Screen Gems-EMI Music Inc., Bug Music and Cabbage Alley Music |
| 1:2009cv12208 |
| December 29, 2009 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Middlesex |
| Nathaniel M. Gorton |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 23, 2010. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 61 NOTICE of Appearance by David A. Herlihy on behalf of Highsteppin' Productions, LLC (Herlihy, David) |
| ELECTRONIC Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: denying 29 Motion to Dismiss; granting 38 Motion to Dismiss; Motion Hearing held on 4/20/2010 re 38 MOTION to Dismiss filed by Live Nation, Inc., 29 MOTION to Dismiss filed by David Russell Batiste, Jr., Porter Batiste Stoltz, LLC, Brian Stoltz, George Porter, Jr. Counsel will file within a week a Proposed Order re: issues raised at hearing. (Court Reporter: Cheryl Dahlstrom at 617-951-4555.)(Attorneys present: Baker, Herlihy, Pieksen, Penton, Gold) (Nicewicz, Craig) |
| Filing 60 CERTIFICATION of Compliance with LR 7.1(a)(2) by Highsteppin' Productions, LLC re 51 MOTION for Contempt (Baker, Jeffrey) Modified on 4/21/2010 (Duong, Diep). |
| Filing 59 MOTION for Entry of Default against Defendant Funky Meters, Inc. by Highsteppin' Productions, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Baker, Jeffrey) |
| Filing 58 MOTION for Leave to File for Substitution of Exhibit B to Document 53 by David Russell Batiste, Jr, George Porter, Jr, Porter Batiste Stoltz, LLC, Brian Stoltz. (Attachments: # 1 Exhibit B for Substitution)(Penton, Ronnie) |
| Filing 57 Opposition re 29 MOTION to Dismiss filed by Highsteppin' Productions, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Baker, Jeffrey) |
| Filing 56 Opposition re 51 MOTION for Contempt filed by David Russell Batiste, Jr, George Porter, Jr, Porter Batiste Stoltz, LLC, Brian Stoltz. (Penton, Ronnie) |
| Filing 55 REPLY to Response to 38 MOTION to Dismiss filed by Live Nation, Inc.. (Gold, Eric) |
| Filing 54 Assented to REPLY to Response to 29 MOTION to Dismiss filed by David Russell Batiste, Jr, George Porter, Jr, Porter Batiste Stoltz, LLC, Brian Stoltz. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Pieksen, John) |
| Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 30 Motion to Expedite; granting 44 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting 50 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting 52 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Nicewicz, Craig) |
| Filing 53 NOTICE by David Russell Batiste, Jr, George Porter, Jr, Porter Batiste Stoltz, LLC, Brian Stoltz of Disclosure of Escrow Compliance (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Penton, Ronnie) |
| Filing 52 Assented to MOTION for Leave to File Reply memorandum by David Russell Batiste, Jr, George Porter, Jr, Porter Batiste Stoltz, LLC, Brian Stoltz. (Attachments: # 1 Exhibit Reply memorandum, # 2 Exhibit exhibit B to Reply, # 3 Exhibit exhibit A to Reply)(Pieksen, John) |
| Filing 51 MOTION for Contempt by Highsteppin' Productions, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Baker, Jeffrey) |
| Filing 50 Assented to MOTION for Leave to File Reply Memorandum by Live Nation, Inc.. (Attachments: # 1 Exhibit Proposed Reply Memorandum)(Gold, Eric) |
| ELECTRONIC NOTICE Resetting Hearing on Motion 38 MOTION to Dismiss, 29 MOTION to Dismiss : Motion Hearing set for 4/20/2010 11:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. (Nicewicz, Craig) |
| ELECTRONIC NOTICE Setting Hearing on Motion 38 MOTION to Dismiss, 29 MOTION to Dismiss : Motion Hearing set for 4/8/2010 12:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Nicewicz, Craig) |
| Filing 49 Emergency MOTION to Seal Document 46 Opposition to Motion by Highsteppin' Productions, LLC.(Baker, Jeffrey) |
| Filing 48 EXHIBIT re 46 Opposition to Motion Exhibit 7 by Highsteppin' Productions, LLC. (Baker, Jeffrey) |
| Filing 47 Opposition re 38 MOTION to Dismiss filed by Highsteppin' Productions, LLC. (Baker, Jeffrey) |
| Filing 46 Opposition re 29 MOTION to Dismiss filed by Highsteppin' Productions, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 8)(Baker, Jeffrey) |
| Filing 45 MEMORANDUM in Support re 44 MOTION for Leave to File Excess Pages filed by Highsteppin' Productions, LLC. (Baker, Jeffrey) |
| Filing 44 MOTION for Leave to File Excess Pages by Highsteppin' Productions, LLC.(Baker, Jeffrey) |
| Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 42 Motion for Extension of Time to File Response/Reply (Nicewicz, Craig) |
| Filing 43 NOTICE by Highsteppin' Productions, LLC re 42 MOTION for Extension of Time to 3/31/2010 to File Response/Reply as to 38 MOTION to Dismiss, 29 MOTION to Dismiss of the Moving Parties Assent to Plaintiff's Motion to Extend (Groulx, Patrick) |
| Filing 42 MOTION for Extension of Time to 3/31/2010 to File Response/Reply as to 38 MOTION to Dismiss, 29 MOTION to Dismiss by Highsteppin' Productions, LLC.(Groulx, Patrick) |
| Filing 41 MEMORANDUM in Support re 29 MOTION to Dismiss as approved by court for filing on March 4, 2010 filed by George Porter, Jr, David Russell Batiste, Jr, Brian Stoltz, Porter Batiste Stoltz, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Pieksen, John) |
| Judge Nathaniel M. Gorton: Electronic ORDER entered granting 35 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Nicewicz, Craig) |
| Filing 40 AFFIDAVIT of Denise Kirk in Support re 38 MOTION to Dismiss filed by Live Nation, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gold, Eric). Modified on 3/9/2010 to restrict exhibits access as they contained personal identifiers (Duong, Diep). |
| Filing 39 MEMORANDUM in Support re 38 MOTION to Dismiss filed by Live Nation, Inc.. (Gold, Eric) |
| Filing 38 MOTION to Dismiss by Live Nation, Inc..(Gold, Eric) |
| Filing 37 MEMORANDUM in Support re 35 MOTION for Leave to File Memorandum in excess of 20 pages filed by George Porter, Jr, David Russell Batiste, Jr, Brian Stoltz, Porter Batiste Stoltz, LLC. Memorandum (extracted from document no. 35) re-docketed as it should be filed as a separate entry. (Duong, Diep) |
| Filing 36 Opposition re 35 Motion for Leave to File Memorandum in excess of 20 pages filed by Highsteppin' Productions, LLC. (Groulx, Patrick) |
| Filing 35 MOTION for Leave to File Memorandum in excess of 20 page limitation set forth in Local Rule 7.1(b)(4) by George Porter, Jr, David Russell Batiste, Jr, Brian Stoltz, Porter Batiste Stoltz, LLC. (Attachments: # 1 Memorandum in support, # 2 Text of Proposed Order Proposed Order, # 3 Notice of Hearing)(Pieksen, John) |
| Judge Nathaniel M. Gorton: Electronic ORDER entered Defendant is to re file their memorandum in support of motion to dismiss by 3/1/2010, not to exceed 20 pages. Order entered finding as moot 33 Motion to Strike. (Nicewicz, Craig) |
| Filing 34 MEMORANDUM in Support re 33 MOTION to Strike 29 MOTION to Dismiss filed by Highsteppin' Productions, LLC. (Groulx, Patrick) |
| Filing 33 MOTION to Strike 29 MOTION to Dismiss by Highsteppin' Productions, LLC.(Groulx, Patrick) |
| Filing 32 Opposition re 30 MOTION to Expedite Hearing on Defendants' Motion to Dismiss filed by Highsteppin' Productions, LLC. (Groulx, Patrick) |
| Filing 31 MEMORANDUM in Support re 30 MOTION to Expedite Hearing on Defendants' Motion to Dismiss filed by George Porter, Jr, David Russell Batiste, Jr, Brian Stoltz, Porter Batiste Stoltz, LLC. Incorrectly filed as attachment to motion. Clerk re-docketed as separate entry to correct. (Duong, Diep) |
| Filing 30 MOTION to Expedite Hearing on Defendants' Motion to Dismiss by George Porter, Jr, David Russell Batiste, Jr, Brian Stoltz, Porter Batiste Stoltz, LLC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Penton, Ronnie) |
| Filing 29 MOTION to Dismiss by George Porter, Jr, David Russell Batiste, Jr, Brian Stoltz, Porter Batiste Stoltz, LLC. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Penton, Ronnie) |
| Filing 28 AFFIDAVIT OF SERVICE Executed by Highsteppin' Productions, LLC. Elevation Group, Inc. served on 1/19/2010, answer due 2/9/2010. (Duong, Diep) |
| Judge Nathaniel M. Gorton: Electronic ORDER entered granting 23 25 Motion for Leave to Appear Pro Hac Vice; Added John O. Pieksen, Jr for George Porter, Jr, Ronnie Glynn Penton for David Russell Batiste, Jr, Brian Stoltz and Porter Batiste Stoltz, LLC. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Duong, Diep) |
| Filing 25 Ex Parte MOTION for Leave to Appear Pro Hac Vice for admission of Ronnie G. Penton Filing fee $ 50, receipt number 01010000000002761837. by David Russell Batiste, Jr, Brian Stoltz, Porter Batiste Stoltz, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 Exhibit Certificate of good standing)(Gelinas, Charles) |
| Filing 24 NOTICE OF ATTORNEY PAYMENT OF FEES by Defendant George Porter, Jr. Filing fee $ 50, receipt number 01010000000002761284. Payment Type : PRO HAC VICE. (Gelinas, Charles) |
| Filing 23 Ex Parte MOTION for Leave to Appear Pro Hac Vice for admission of John O. Pieksen, Jr. by George Porter, Jr. (Attachments: # 1 Affidavit Affidavit of Good Standing, # 2 Text of Proposed Order, # 3 Exhibit Certificate of good standing usdc edla)(Gelinas, Charles) |
| Filing 22 Judge Nathaniel M. Gorton: ORDER entered. PRELIMINARY INJUNCTION (Duong, Diep) |
| Filing 21 Proposed Document(s) submitted by Highsteppin' Productions, LLC. Document received: Proposed Preliminary Injunction. (Groulx, Patrick) |
| Filing 20 AFFIDAVIT of Jeffrey S. Baker Regarding Correspondence with Attorney Ronnie Penton by Highsteppin' Productions, LLC. (Groulx, Patrick) |
| Filing 19 Response by Highsteppin' Productions, LLC to 18 Affidavit in Opposition. (Attachments: # 1 Affidavit of David Herlihy)(Groulx, Patrick) |
| Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Status Conference / Further hearing on PI held on 1/20/2010. (Court Reporter: Dahlstrom.)(Attorneys present: Baker) (Nicewicz, Craig) |
| Filing 18 AFFIDAVIT in Opposition re Notice of Hearing (OTHER) (Limited) on Plaintiff's Application for Preliminary Injunction as it Pertains to the Reach and Apply Defendants, Bugaloo Music and Bug Music, Inc.. (Valle, Joseph) |
| Filing 17 NOTICE of Appearance by Joseph R. Valle, Jr on behalf of Bug Music, Bugaloo Music (Valle, Joseph) |
| Filing 16 SUMMONS Returned Executed Elevation Group, Inc. served on 1/15/2010, answer due 2/5/2010; Screen Gems-EMI Music Inc. served on 1/15/2010, answer due 2/5/2010; Bug Music served on 1/15/2010, answer due 2/5/2010; Cabbage Alley Music served on 1/15/2010, answer due 2/5/2010; Funky Meters, Inc. served on 1/15/2010, answer due 2/5/2010; Bugaloo Music served on 1/15/2010, answer due 2/5/2010. (Groulx, Patrick) |
| Filing 15 AFFIDAVIT re 14 Amended Complaint , Verification by Philip I. Steppanian by Highsteppin' Productions, LLC. (Baker, Jeffrey) |
| Filing 14 First AMENDED COMPLAINT against all defendants, filed by Highsteppin' Productions, LLC. (Attachments: # 1 Exhibit Personal Management Agreement, # 2 Exhibit Financial Summaries)(Baker, Jeffrey) |
| Filing 13 Judge Nathaniel M. Gorton: ORDER entered. MODIFIED TEMPORARY RESTRAINING ORDER(Duong, Diep) |
| ELECTRONIC NOTICE of Hearing re Motion for a Preliminary Injunction :Hearing set for 1/20/2010 12:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Duong, Diep) |
| Filing 12 Proposed Document(s) submitted by Highsteppin' Productions, LLC. Document received: Temporary Restraining Order. (Baker, Jeffrey) |
| Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: granting 8 Motion to Amend; granting 9 Motion to Amend; Motion Hearing held on 1/6/2010 re 9 MOTION to Amend 7 Temporary Restraining Order filed by Highsteppin' Productions, LLC. Further hearing set for 1/20/10 at 12:00 (Court Reporter: Dahlstrom.)(Attorneys present: Baker, Herlihy) (Nicewicz, Craig) |
| Filing 10 SUMMONS Returned Executed George Porter, Jr served on 1/4/2010, answer due 1/25/2010; David Russell Batiste, Jr served on 1/4/2010, answer due 1/25/2010; Brian Stoltz served on 1/5/2010, answer due 1/26/2010; Porter Batiste Stoltz, LLC served on 1/4/2010, answer due 1/25/2010. (Groulx, Patrick) |
| Filing 9 MOTION to Amend 7 Temporary Restraining Order by Highsteppin' Productions, LLC. (Attachments: # 1 Affidavit David Hurlihy, # 2 Exhibit Funky Meters, Inc., Corporate Record)(Groulx, Patrick) |
| Filing 8 MOTION to Amend 1 Complaint, and Request to Waive Time Period of Local Rule 15.1 by Highsteppin' Productions, LLC. (Attachments: # 1 Affidavit David Hurlihy, # 2 Exhibit Fynky Meters, Inc., Corporate Record Form)(Groulx, Patrick) |
| ELECTRONIC NOTICE of Hearing : Hearing on Preliminary Injunction set for 1/6/2010 11:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. (Nicewicz, Craig) |
| Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Telephone Conference held on 12/30/2009. Court hears counsel on motion for TRO. Order to issue. (Court Reporter: Dahlstrom.)(Attorneys present: Baker) (Nicewicz, Craig) |
| Filing 7 Judge Nathaniel M. Gorton: ORDER entered. TEMPORARY RESTRAINING ORDER(Nicewicz, Craig) |
| Filing 6 NOTICE of Appearance by Patrick M. Groulx on behalf of Highsteppin' Productions, LLC (Groulx, Patrick) |
| Filing 5 Summons Issued as to Screen Gems-EMI Music Inc., Bug Music, Cabbage Alley Music, George Porter, Jr, Russell Batiste, Brian Stoltz, Porter Batiste Stoltz, LLC, Bugaloo Music. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Cummings, Mary) |
| Filing 4 MEMORANDUM in Support re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 2 Emergency MOTION for Temporary Restraining OrderEx Parte MOTION for Preliminary Injunction filed by Highsteppin' Productions, LLC. (Attachments: # 1 Affidavit Philip I. Stepanian)(Baker, Jeffrey) |
| Filing 3 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction ( Responses due by 1/13/2010) by Highsteppin' Productions, LLC. (Attachments: # 1 Text of Proposed Order)(Baker, Jeffrey) |
| Filing 2 Emergency MOTION for Temporary Restraining Order, Ex Parte MOTION for Preliminary Injunction ( Responses due by 1/13/2010) by Highsteppin' Productions, LLC.(Baker, Jeffrey) |
| ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein (Cummings, Mary) |
| Filing 1 COMPLAINT against all defendants Filing fee: $ 350, receipt number 01010000000002722079, filed by Highsteppin' Productions, LLC. (Attachments: # 1 Civil Cover Sheet (deleted), # 2 Category Form)(Baker, Jeffrey) (Additional attachment(s) added on 12/30/2009: # 3 Civil Cover Sheet) Modified on 12/30/2009 to delete and replace cover sheet. Document was filed in form-fillable format (Cummings, Mary). |
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