Eight Mile Style, LLC et al v. Apple Computer, Incorporated Featured Case

Eight Mile Style LLC and Martin Affiliated LLC alleges that they never authorized Universal to license Eminem's music to Apple for resale on the iTunes Music Store.

Plaintiff: Eight Mile Style, LLC and Martin Affiliated, LLC
Defendant: Apple Computer, Incorporated and Aftermath Records
Case Number: 2:2007cv13164
Filed: July 30, 2007
Court: US District Court for the Eastern District of Michigan
Office: Detroit Office
County: Oakland
Presiding Judge: Donald A Scheer
Presiding Judge: Anna Diggs Taylor
Nature of Suit: Copyright
Cause of Action: No cause code entered
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2010 Filing 182 SEALED Notice of Withdrawal re Motion for Summary Judgment by All Plaintiffs. (Attachments: # 1 Exhibit) (Hertz, Howard)
October 20, 2010 Filing 181 SEALED RESPONSE re 179 Sealed Motion, for Summary Enforcement of Settlement Agreement Against Aftermath Records by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Declaration of Melinda E. LeMoine, # 3 Exhibit 1A, # 4 Exhibit 1B, # 5 Exhibit 1C, # 6 Exhibit 1D, # 7 Exhibit 1E, # 8 Exhibit Declaration of Scott Bauman, # 9 Exhibit 2A, # 10 Exhibit 2B) (Lemoine, Melinda)
October 8, 2010 Opinion or Order Filing 180 ORDER REASSIGNING CASE pursuant to 10-AO-026 from District Judge Anna Diggs Taylor to District Judge Victoria A Roberts. (SSch)
October 5, 2010 Filing 179 SEALED MOTION Enforce Settlement Agreement + Attorneys' Fees in excess of $2.2 Million by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Hertz, Howard)
October 26, 2009 Opinion or Order Filing 178 STIPULATED ORDER OF DISMISSAL WITH PREJUDICE AND WITHOUT COSTS. Signed by District Judge Anna Diggs Taylor. (JCur)
October 26, 2009 Opinion or Order Filing 177 ORDER denying Defendants' 128 Motion for Order; denying 142 Motion in Limine; denying 143 Motion in Limine. Signed by District Judge Anna Diggs Taylor. (JCur)
October 26, 2009 Opinion or Order Filing 176 ORDER denying Plaintiffs' 124 Motion to Amend/Correct; denying 137 Motion in Limine; denying 138 Motion in Limine; denying 139 Motion in Limine; denying 140 Motion in Limine; denying 145 Motion in Limine; denying as moot 169 Motion for Reconsideration. Signed by District Judge Anna Diggs Taylor. (JCur)
October 14, 2009 Filing 174 [STRICKEN - RULE 11 VIOLATION (PROPOSED ORDER)] STIPULATION of Dismissal by Eight Mile Style, LLC, Martin Affiliated, LLC, Aftermath Records, Apple Computer, Incorporated (Lemoine, Melinda) Modified on 10/16/2009 (JCur).
October 5, 2009 Filing 173 Notice of Filing Transcript. (Ward, S)
October 5, 2009 Filing 172 TRANSCRIPT of Jury Trial held on September 30, 2009. (Court Reporter: Sheri Ward) (Number of Pages: 144) Redaction Request due 10/26/2009. Redacted Transcript Deadline set for 11/5/2009. Release of Transcript Restriction set for 1/4/2010. Transcript may be viewed at the court public terminal or purchased through the Court Reporter at www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Ward, S)
October 2, 2009 Minute Entry - Bench Trial not held on 10/2/2009 before District Judge Anna Diggs Taylor. Disposition: CASE SETTLED. (JCur)
October 1, 2009 Minute Entry - Bench Trial held on 10/1/2009 before District Judge Anna Diggs Taylor and continued to 10/2/2009 at 11:00 AM. (Court Reporters Karen Kerekoper and Joan Morgan) (JCur)
September 30, 2009 Minute Entry - Bench Trial held on 9/30/2009 before District Judge Anna Diggs Taylor and continued to 10/1/2009 at 9:00 AM. (Court Reporter Sherri Ward) (JCur)
September 29, 2009 Minute Entry - Bench Trial held on 9/29/2009 before District Judge Anna Diggs Taylor and continued to 9/30/2009 at 11:00 AM. (Court Reporters Karen Klerekoper and Suzanne Jacques) (JCur)
September 25, 2009 Minute Entry - Bench Trial held on 9/25/2009 before District Judge Anna Diggs Taylor and continued to 9/29/2009 at 9:00 AM. (Court Reporters Joan Morgan and Suzanne Jacques) (JCur) Modified on 9/29/2009 (JCur).
September 24, 2009 Opinion or Order Filing 175 STIPULATION AND ORDER of Exhibits for Pre-Admission. (Exhibits are attached to 171 ). Signed by District Judge Anna Diggs Taylor. (JCur)
September 24, 2009 Minute Entry - Bench Trial held on 9/24/2009 before District Judge Anna Diggs Taylor and continued to 9/25/2009 at 9:00 AM. Motion Hearing held re 169 MOTION for Reconsideration filed by Eight Mile Style, LLC, Martin Affiliated, LLC; Plaintiffs' ORAL MOTION to Bifurcate Trial. Disposition: TAKEN UNDER ADVISEMENT, DENIED RESPECTIVELY(Court Reporter Joan Morgan) (JCur)
September 24, 2009 Filing 171 [STIPULATION ONLY IS STRICKEN-RULE 11 PROPOSED ORDER VIOLATION]. STIPULATION for pre-admission of exhibits by Eight Mile Style, LLC, Martin Affiliated, LLC (Attachments: # 1 Exhibit Joint Exhibit List) (Busch, Richard) Modified on 10/26/2009 (JCur).
September 23, 2009 Minute Entry - Settlement Conference held on 9/23/2009 before Magistrate Judge Virginia M Morgan. Disposition: Case did not settle. (Tape #VMM 9/23/2009) (JJoh)
September 22, 2009 Filing 170 REQUEST to File Response and Response to Plaintiffs' "Motion for Reconsideration" by Aftermath Records, Apple Computer, Incorporated. (Quick, Daniel)
September 21, 2009 Motion Hearing held on 9/21/2009 before District Judge Anna Diggs Taylor: DENIED Plaintiffs' 124 MOTION to Amend/Correct 1 Complaint; DENIED Defendants' 128 MOTION for Order to Exclude Plaintiffs' Late-Disclosed Claim of Entitlement to Profits from Sales of iPods by Apple Inc. Under FRCP 37, Settled Copyright Law, and FRE 702; DENIED Plaintiffs' 137 MOTION in Limine No. 1 to Rule As A Matter of Law That "Controlled Composition Clauses" May Not Grant DPD Licenses; DENIED Plaintiffs' 138 MOTION in Limine No. 2 to Exclude Testimony of Peter Paterno; DENIED Plaintiffs' 139 MOTION in Limine No. 3 to Exclude Testimony of Defendants' Witnesses as to Their Understanding of the Meaning of the 1998 and 2003 Recording Agreements; DENIED Plaintiffs' 140 MOTION in Limine No. 4 to Exclude Testimony of Steven Marks; DENIED Defendants' 142 MOTION in Limine No. 1; DENIED Defendants' 143 MOTION in Limine No. 2; DENIED Plaintiffs' 145 MOTION in Limine No. 5 to Exclude Unsigned Licenses, Licenses for Configurations Other than Permanent Download, and Licenses Issued to Third Parties. (Court Reporter Joan Morgan) (JCur)
September 21, 2009 Filing 169 MOTION for Reconsideration by Eight Mile Style, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit A) (Hertz, Howard). [ALSO FILED BY MARTIN AFFILIATED, LLC]. Modified on 9/22/2009 (THal).
September 17, 2009 Filing 168 SEALED EXHIBIT 2 - License re 163 Response to Motion, by Aftermath Records, Apple Computer, Incorporated. (Lemoine, Melinda)
September 17, 2009 Filing 167 RESPONSE to 143 MOTION in Limine No. 2 filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Guilford Declaration, # 3 Exhibit Exhibit A) (Busch, Richard)
September 17, 2009 Filing 166 SEALED EXHIBIT 1 - Agreement between Shady and D-12 re 163 Response to Motion, by Aftermath Records, Apple Computer, Incorporated. (Lemoine, Melinda)
September 17, 2009 Filing 165 SEALED EXHIBIT D re 164 Response to Motion, by Eight Mile Style, LLC, Martin Affiliated, LLC. (Busch, Richard)
September 17, 2009 Filing 164 RESPONSE to 142 MOTION in Limine No. 1 filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Guilford Decl, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhbiit C, # 6 Exhibit Exhibit D (Filed Under Seal)) (Busch, Richard)
September 17, 2009 Filing 163 RESPONSE to 145 MOTION in Limine No. 5 to Exclude Unsigned Licenses, Licenses for Configurations Other than Permanent Download, and Licenses Issued to Third Parties filed by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Agreement between Shady and D-12 (UNDER SEAL), # 3 Exhibit 2 - License (UNDER SEAL)) (Lemoine, Melinda)
September 17, 2009 Filing 162 SEALED EXHIBIT 3 - Russell Transcript Excerpts re 161 Response to Motion, by Aftermath Records, Apple Computer, Incorporated. (Lemoine, Melinda)
September 17, 2009 Filing 161 RESPONSE to 140 MOTION in Limine No. 4 to Exclude Testimony of Steven Marks filed by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Agreement between RIAA, NMPA and HFA, # 3 Exhibit 2 - Plaintiffs Subpoena to HFA, # 4 Exhibit 3 - Russell Transcript Excerpts (UNDER SEAL), # 5 Exhibit 4 - Martin Transcript Caption, # 6 Exhibit 5 -Cohen Transcript Caption, # 7 Exhibit 6 - Joint Final Pretrial Order) (Lemoine, Melinda)
September 17, 2009 Filing 160 RESPONSE to 139 MOTION in Limine No. 3 to Exclude Testimony of Defendants' Witnesses as to Their Undertanding of the Meaning of the 1998 and 2003 Recording Agreements filed by Aftermath Records, Apple Computer, Incorporated. (Lemoine, Melinda)
September 17, 2009 Filing 159 RESPONSE to 138 MOTION in Limine No. 2 to Exclude Testimony of Peter Paterno filed by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Paterno 4-30-08 Transcript Excerpts, # 3 Exhibit 2 - Paterno 11-20-08 Transcript Excerpts, # 4 Exhibit 3 - Paterno Designations, # 5 Exhibit 4 - Defendants' Expert Disclosure) (Lemoine, Melinda)
September 17, 2009 Filing 158 RESPONSE to 137 MOTION in Limine No. 1 to Rule As A Matter of Law That "Controlled Composition Clauses" May Not Grant DPD Licenses filed by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Senate Report, # 3 Exhibit 2 - Statement of Marybeth Peters) (Lemoine, Melinda)
September 16, 2009 Filing 157 NOTICE of Correction re 156 Notice to Appear. (JJoh)
September 16, 2009 Filing 156 NOTICE TO APPEAR: Settlement Conference set for 9/23/2009 at 09:00 AM before Magistrate Judge Virginia M Morgan in Ann Arbor (JJoh) Modified on 9/16/2009 (JJoh).
September 15, 2009 Filing 155 SEALED EXHIBIT D re 150 Sealed Exhibit, by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Exhibit 2444, # 2 Exhibit 2445, # 3 Exhibit 2446, # 4 Exhibit 2460, # 5 Exhibit 2461, # 6 Exhibit 2462, # 7 Exhibit 2463, # 8 Exhibit 2469, # 9 Exhibit 2470, # 10 Exhibit 2471, # 11 Exhibit 2472, # 12 Exhibit 2473, # 13 Exhibit 2474, # 14 Exhibit 2475, # 15 Exhibit 2476, # 16 Exhibit 2477, # 17 Exhibit 2478, # 18 Exhibit 2479, # 19 Exhibit 2653) (Hertz, Howard)
September 15, 2009 Filing 154 SEALED EXHIBIT re 149 Sealed Exhibit, by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Exhibit 2144, # 2 Exhibit 2164, # 3 Exhibit 2178, # 4 Exhibit 2180, # 5 Exhibit 2181, # 6 Exhibit 2182, # 7 Exhibit 2183, # 8 Exhibit 2184, # 9 Exhibit 2185, # 10 Exhibit 2187, # 11 Exhibit 2196, # 12 Exhibit 2197, # 13 Exhibit 2198, # 14 Exhibit 2199, # 15 Exhibit 2200, # 16 Exhibit 2201, # 17 Exhibit 2202, # 18 Exhibit 2204, # 19 Exhibit 2224, # 20 Exhibit 2225, # 21 Exhibit 2229, # 22 Exhibit 2230, # 23 Exhibit 2231, # 24 Exhibit 2233, # 25 Exhibit 2234, # 26 Exhibit 2235, # 27 Exhibit 2237, # 28 Exhibit 2238, # 29 Exhibit 2239, # 30 Exhibit 2240, # 31 Exhibit 2241, # 32 Exhibit 2242, # 33 Exhibit 2243, # 34 Exhibit 2244, # 35 Exhibit 2245, # 36 Exhibit 2246, # 37 Exhibit 2247, # 38 Exhibit 2248, # 39 Exhibit 2249, # 40 Exhibit 2250, # 41 Exhibit 2251, # 42 Exhibit 2253, # 43 Exhibit 2254, # 44 Exhibit 2255, # 45 Exhibit 2256, # 46 Exhibit 2257, # 47 Exhibit 2258, # 48 Exhibit 2259, # 49 Exhibit 2260, # 50 Exhibit 2261, # 51 Exhibit 2262, # 52 Exhibit 2263, # 53 Exhibit 2264, # 54 Exhibit 2265, # 55 Exhibit 2266, # 56 Exhibit 2267, # 57 Exhibit 2270, # 58 Exhibit 2271, # 59 Exhibit 2272, # 60 Exhibit 2274, # 61 Exhibit 2275, # 62 Exhibit 2278, # 63 Exhibit 2279, # 64 Exhibit 2280, # 65 Exhibit 2281, # 66 Exhibit 2282, # 67 Exhibit 2291, # 68 Exhibit 2292, # 69 Exhibit 2315, # 70 Exhibit 2316, # 71 Exhibit 2317, # 72 Exhibit 2318, # 73 Exhibit 2319, # 74 Exhibit 2320, # 75 Exhibit 2321, # 76 Exhibit 2322, # 77 Exhibit 2323, # 78 Exhibit 2324, # 79 Exhibit 2325, # 80 Exhibit 2326, # 81 Exhibit 2327, # 82 Exhibit 2328, # 83 Exhibit 2329, # 84 Exhibit 2330, # 85 Exhibit 2331, # 86 Exhibit 2332, # 87 Exhibit 2333, # 88 Exhibit 2334, # 89 Exhibit 2335, # 90 Exhibit 2336, # 91 Exhibit 2337, # 92 Exhibit 2338, # 93 Exhibit 2349, # 94 Exhibit 2354, # 95 Exhibit 2366, # 96 Exhibit 2368, # 97 Exhibit 2369, # 98 Exhibit 2370, # 99 Exhibit 2371, # 100 Exhibit 2377, # 101 Exhibit 2378, # 102 Exhibit 2379, # 103 Exhibit 2380, # 104 Exhibit 2381, # 105 Exhibit 2382, # 106 Exhibit 2383, # 107 Exhibit 2384, # 108 Exhibit 2385, # 109 Exhibit 2388, # 110 Exhibit 2394, # 111 Exhibit 2397, # 112 Exhibit 2399, # 113 Exhibit 2403, # 114 Exhibit 2405, # 115 Exhibit 2410, # 116 Exhibit 2420, # 117 Exhibit 2423, # 118 Exhibit 2424, # 119 Exhibit 2425, # 120 Exhibit 2426, # 121 Exhibit 2427, # 122 Exhibit 2428, # 123 Exhibit 2429, # 124 Exhibit 2430, # 125 Exhibit 2431, # 126 Exhibit 2432, # 127 Exhibit 2433, # 128 Exhibit 2629, # 129 Exhibit 2630, # 130 Exhibit 2631) (Hertz, Howard)
September 15, 2009 Filing 153 SEALED EXHIBIT B re 148 Sealed Exhibit, by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Exhibit 2143, # 2 Exhibit 2144, # 3 Exhibit 2147, # 4 Exhibit 2148, # 5 Exhibit 2149, # 6 Exhibit 2152, # 7 Index of Exhibits 2153, # 8 Exhibit 2165, # 9 Exhibit 2166, # 10 Exhibit 2167, # 11 Index of Exhibits 2174, # 12 Index of Exhibits 2175, # 13 Exhibit 2176, # 14 Exhibit 2177, # 15 Exhibit 2179, # 16 Exhibit 2180, # 17 Exhibit 2181, # 18 Exhibit 2182, # 19 Exhibit 2183, # 20 Exhibit 2184, # 21 Index of Exhibits 2185, # 22 Exhibit 2186, # 23 Exhibit 2198, # 24 Exhibit 2199, # 25 Exhibit 2201, # 26 Exhibit 2203, # 27 Exhibit 2206, # 28 Exhibit 2207, # 29 Exhibit 2210, # 30 Exhibit 2211, # 31 Exhibit 2212, # 32 Exhibit 2213, # 33 Exhibit 2214, # 34 Exhibit 2215, # 35 Exhibit 2216, # 36 Exhibit 2217, # 37 Exhibit 2218, # 38 Exhibit 2219, # 39 Index of Exhibits 2220, # 40 Exhibit 2221, # 41 Exhibit 2222, # 42 Exhibit 2223, # 43 Exhibit 2225, # 44 Exhibit 2226, # 45 Exhibit 2227, # 46 Exhibit 2228, # 47 Exhibit 2232, # 48 Exhibit 2238, # 49 Exhibit 2241, # 50 Exhibit 2248, # 51 Exhibit 2252, # 52 Exhibit 2253, # 53 Exhibit 2259, # 54 Exhibit 2260, # 55 Exhibit 2261, # 56 Exhibit 2266, # 57 Exhibit 2271, # 58 Exhibit 2277, # 59 Exhibit 2280, # 60 Exhibit 2350, # 61 Exhibit 2351, # 62 Exhibit 2352, # 63 Exhibit 2353, # 64 Exhibit 2354, # 65 Exhibit 2355, # 66 Exhibit 2356, # 67 Index of Exhibits 2357, # 68 Exhibit 2358, # 69 Exhibit 2359, # 70 Exhibit 2360, # 71 Exhibit 2361, # 72 Exhibit 2362, # 73 Exhibit 2363, # 74 Exhibit 2364, # 75 Exhibit 2365, # 76 Exhibit 2366, # 77 Exhibit 2367, # 78 Exhibit 2374, # 79 Exhibit 2375, # 80 Exhibit 2376, # 81 Exhibit 2377, # 82 Exhibit 2387, # 83 Exhibit 2405, # 84 Exhibit 2409, # 85 Exhibit 2410, # 86 Exhibit 2411, # 87 Exhibit 2412, # 88 Exhibit 2413, # 89 Exhibit 2414, # 90 Exhibit 2415, # 91 Exhibit 2417, # 92 Exhibit 2418, # 93 Exhibit 2419) (Hertz, Howard)
September 15, 2009 Filing 152 SEALED EXHIBIT A re 146 Sealed Exhibit, by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Exhibit 2096, # 2 Exhibit 2097, # 3 Exhibit 2098, # 4 Exhibit 2099, # 5 Exhibit 2100, # 6 Exhibit 2101, # 7 Exhibit 2102, # 8 Exhibit 2103, # 9 Exhibit 2104, # 10 Exhibit 2189, # 11 Exhibit 2190, # 12 Exhibit 2191, # 13 Exhibit 2192, # 14 Exhibit 2193, # 15 Exhibit 2194, # 16 Exhibit 2195, # 17 Exhibit 2291, # 18 Exhibit 2293, # 19 Exhibit 2294, # 20 Exhibit 2295, # 21 Exhibit 2296, # 22 Exhibit 2297, # 23 Exhibit 2298, # 24 Exhibit 2299, # 25 Exhibit 2300, # 26 Exhibit 2301, # 27 Exhibit 2302, # 28 Exhibit 2303, # 29 Exhibit 2304, # 30 Exhibit 2305, # 31 Exhibit 2306, # 32 Exhibit 2307, # 33 Exhibit 2308, # 34 Exhibit 2347, # 35 Exhibit 2368, # 36 Index of Exhibits 2407, # 37 Exhibit 2408, # 38 Exhibit 2421, # 39 Exhibit 2422, # 40 Exhibit 2423, # 41 Exhibit 2434, # 42 Exhibit 2435, # 43 Exhibit 2436, # 44 Exhibit 2437, # 45 Exhibit 2438, # 46 Exhibit 2439, # 47 Exhibit 2440, # 48 Exhibit 2441, # 49 Exhibit 2442, # 50 Exhibit 2443, # 51 Exhibit 2480, # 52 Exhibit 2481, # 53 Exhibit 2482, # 54 Exhibit 2483, # 55 Exhibit 2484, # 56 Exhibit 2485, # 57 Exhibit 2486, # 58 Exhibit 2487, # 59 Exhibit 2488, # 60 Exhibit 2489, # 61 Exhibit 2490, # 62 Exhibit 2491, # 63 Exhibit 2492, # 64 Exhibit 2493, # 65 Exhibit 2494, # 66 Exhibit 2495, # 67 Exhibit 2496, # 68 Exhibit 2497, # 69 Exhibit 2498, # 70 Exhibit 2499, # 71 Exhibit 2500, # 72 Exhibit 2501, # 73 Exhibit 2502, # 74 Exhibit 2503, # 75 Exhibit 2504, # 76 Exhibit 2505, # 77 Exhibit 2506, # 78 Exhibit 2507, # 79 Exhibit 2508, # 80 Exhibit 2509, # 81 Exhibit 2510, # 82 Exhibit 2511, # 83 Exhibit 2512, # 84 Exhibit 2513, # 85 Exhibit 2514, # 86 Index of Exhibits 2515, # 87 Exhibit 2516, # 88 Index of Exhibits 2517, # 89 Exhibit 2518, # 90 Exhibit 2519, # 91 Exhibit 2520, # 92 Exhibit 2521, # 93 Exhibit 2522, # 94 Exhibit 2523, # 95 Exhibit 2524, # 96 Exhibit 2525, # 97 Exhibit 2526, # 98 Exhibit 2527, # 99 Exhibit 2528, # 100 Exhibit 2529, # 101 Exhibit 2530, # 102 Index of Exhibits 2531, # 103 Exhibit 2532, # 104 Exhibit 2533, # 105 Exhibit 2534, # 106 Exhibit 2535, # 107 Exhibit 2536, # 108 Exhibit 2537, # 109 Exhibit 2538, # 110 Exhibit 2539, # 111 Exhibit 2540, # 112 Exhibit 2541, # 113 Exhibit 2542, # 114 Exhibit 2543, # 115 Exhibit 2544, # 116 Exhibit 2545, # 117 Exhibit 2546, # 118 Exhibit 2547, # 119 Exhibit 2548, # 120 Exhibit 2549, # 121 Exhibit 2550, # 122 Exhibit 2551, # 123 Exhibit 2552, # 124 Exhibit 2553, # 125 Exhibit 2554, # 126 Exhibit 2555, # 127 Exhibit 2556, # 128 Index of Exhibits 2557, # 129 Exhibit 2558, # 130 Exhibit 2559, # 131 Exhibit 2560, # 132 Exhibit 2561, # 133 Exhibit 2562, # 134 Exhibit 2563, # 135 Exhibit 2564, # 136 Exhibit 2565, # 137 Exhibit 2566, # 138 Index of Exhibits 2567, # 139 Exhibit 2568, # 140 Exhibit 2569, # 141 Exhibit 2570, # 142 Exhibit 2571, # 143 Exhibit 2572, # 144 Exhibit 2573, # 145 Exhibit 2574, # 146 Exhibit 2575, # 147 Exhibit 2576, # 148 Exhibit 2577, # 149 Exhibit 2578, # 150 Exhibit 2579, # 151 Exhibit 2580, # 152 Exhibit 2581, # 153 Exhibit 2582, # 154 Index of Exhibits 2583, # 155 Exhibit 2584, # 156 Index of Exhibits 2585, # 157 Exhibit 2586, # 158 Exhibit 2587, # 159 Exhibit 2588, # 160 Exhibit 2589, # 161 Exhibit 2590, # 162 Exhibit 2591, # 163 Exhibit 2592, # 164 Index of Exhibits 2593, # 165 Exhibit 2594, # 166 Index of Exhibits 2595, # 167 Exhibit 2601, # 168 Exhibit 2602, # 169 Exhibit 2603, # 170 Exhibit 2604, # 171 Index of Exhibits 2605, # 172 Exhibit 2606, # 173 Exhibit 2607, # 174 Exhibit 2608, # 175 Exhibit 2609, # 176 Exhibit 2610, # 177 Exhibit 2611, # 178 Exhibit 2612, # 179 Exhibit 2613, # 180 Exhibit 2614, # 181 Exhibit 2615, # 182 Exhibit 2616, # 183 Exhibit 2617, # 184 Exhibit 2618, # 185 Exhibit 2619, # 186 Exhibit 2620, # 187 Index of Exhibits 2621, # 188 Exhibit 2622, # 189 Exhibit 2623, # 190 Exhibit 2624, # 191 Exhibit 2625, # 192 Index of Exhibits 2626, # 193 Exhibit 2627, # 194 Index of Exhibits 2628, # 195 Exhibit 2632, # 196 Exhibit 2633, # 197 Exhibit 2634, # 198 Exhibit 2635, # 199 Exhibit 2636, # 200 Exhibit 2637, # 201 Exhibit 2638, # 202 Exhibit 2639, # 203 Exhibit 2640, # 204 Exhibit 2641, # 205 Exhibit 2642, # 206 Exhibit 2644, # 207 Exhibit 2645, # 208 Exhibit 2646, # 209 Index of Exhibits 2647, # 210 Index of Exhibits 2648, # 211 Index of Exhibits 2649, # 212 Exhibit 2650, # 213 Exhibit 2651, # 214 Exhibit 2652) (Hertz, Howard)
September 15, 2009 Opinion or Order Filing 151 ORDER REFERRING OTHER MATTERS to *Magistrate Judge Virginia M Morgan* : *Settlement Conference*. Signed by District Judge Anna Diggs Taylor. (JCur)
September 14, 2009 Filing 150 SEALED EXHIBIT D to the Declaration of Marc Guilford re 145 MOTION in Limine No. 5 to Exclude Unsigned Licenses, Licenses for Configurations Other than Permanent Download, and Licenses Issued to Third Parties by Eight Mile Style, LLC, Martin Affiliated, LLC. (Busch, Richard)
September 14, 2009 Filing 149 SEALED EXHIBIT C to the Declaration of Marc Guilford re 145 MOTION in Limine No. 5 to Exclude Unsigned Licenses, Licenses for Configurations Other than Permanent Download, and Licenses Issued to Third Parties by Eight Mile Style, LLC, Martin Affiliated, LLC. (Busch, Richard)
September 14, 2009 Filing 148 SEALED EXHIBIT B to the Declaration of Marc Guilford re 145 MOTION in Limine No. 5 to Exclude Unsigned Licenses, Licenses for Configurations Other than Permanent Download, and Licenses Issued to Third Parties by Eight Mile Style, LLC, Martin Affiliated, LLC. (Busch, Richard)
September 14, 2009 Filing 147 SEALED EXHIBIT No. 4 re 142 MOTION in Limine No. 1, 143 MOTION in Limine No. 2 by Aftermath Records, Apple Computer, Incorporated. (Lemoine, Melinda)
September 14, 2009 Filing 146 SEALED EXHIBIT A to Declaration of Marc Guilford re 145 MOTION in Limine No. 5 to Exclude Unsigned Licenses, Licenses for Configurations Other than Permanent Download, and Licenses Issued to Third Parties by Eight Mile Style, LLC, Martin Affiliated, LLC. (Busch, Richard)
September 14, 2009 Filing 145 MOTION in Limine No. 5 to Exclude Unsigned Licenses, Licenses for Configurations Other than Permanent Download, and Licenses Issued to Third Parties by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Marc Guilford, # 3 Exhibit A - FILED UNDER SEAL, # 4 Exhibit A-1: Chart listing defendants exhibits that do not pertain to permanent downloads, # 5 Exhibit B - FILED UNDER SEAL, # 6 Exhibit B-1: List of defendants' exhibits that don't purport to grant rights for permanent downloads, # 7 Exhibit C - FILED UNDER SEAL, # 8 Exhibit C-1 Defendants' Exhibits that are unsigned or incomplete licenses, # 9 Exhibit D FILED UNDER SEAL, # 10 Exhibit D-1 Defendants' exhibits that are licenses issued to third parties) (Busch, Richard)
September 14, 2009 Filing 144 SEALED EXHIBIT No. 2 re 142 MOTION in Limine No. 1, 143 MOTION in Limine No. 2 by Aftermath Records, Apple Computer, Incorporated. (Lemoine, Melinda)
September 14, 2009 Filing 143 MOTION in Limine No. 2 by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Abrams Transcript Excerpts, # 3 Exhibit 2 - Statement (Filed Under Seal), # 4 Exhibit 3 - Abrams Report, # 5 Exhibit 4 - Report (Filed Under Seal), # 6 Exhibit 5 - Amended Final Judgment, # 7 Exhibit 6 - Levinsohn Transcript Excerpts, # 8 Exhibit 7 - Plaintiffs Expert Disclosures) (Lemoine, Melinda)
September 14, 2009 Filing 142 MOTION in Limine No. 1 by Aftermath Records, Apple Computer, Incorporated. (Lemoine, Melinda)
September 14, 2009 Filing 141 SEALED EXHIBIT C to the Declaration of Marc Guilford re 140 MOTION in Limine No. 4 to Exclude Testimony of Steven Marks by Eight Mile Style, LLC, Martin Affiliated, LLC. (Busch, Richard)
September 14, 2009 Filing 140 MOTION in Limine No. 4 to Exclude Testimony of Steven Marks by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Declaration of Marc Guilford, # 3 Exhibit A - Subpoena served on the HFA, # 4 Exhibit B Email from Kelly Klaus to Richard Busch, # 5 Exhibit C - FILED UNDER SEAL) (Busch, Richard)
September 14, 2009 Filing 139 MOTION in Limine No. 3 to Exclude Testimony of Defendants' Witnesses as to Their Undertanding of the Meaning of the 1998 and 2003 Recording Agreements by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Marc Guilford, # 3 Exhibit A - Paterno Depo Excerpts, # 4 Exhibit B - Nieves Depo Excerpts, # 5 Exhibit C - Hoffman Depo Excerpts, # 6 Exhibit D - Rogell Depo Excerpts) (Busch, Richard)
September 14, 2009 Filing 138 MOTION in Limine No. 2 to Exclude Testimony of Peter Paterno by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Marc Guilford, # 3 Exhibit A - Peter Paterno Excerpts from April 30, 2008, # 4 Exhibit B - Peter Paterno Deposition Excerpts from November 20, 2008) (Busch, Richard)
September 14, 2009 Filing 137 MOTION in Limine No. 1 to Rule As A Matter of Law That "Controlled Composition Clauses" May Not Grant DPD Licenses by Eight Mile Style, LLC, Martin Affiliated, LLC. (Busch, Richard)
September 10, 2009 Opinion or Order Filing 136 JOINT FINAL PRETRIAL ORDER. Signed by District Judge Anna Diggs Taylor. (JCur)
September 10, 2009 Minute Entry - Final Pretrial Conference held on 9/10/2009 before District Judge Anna Diggs.Taylor. Disposition: Case will be referred to magistrate judge for a settlment conference. (Motions in Limine due by 9/14/2009, Responses due by 9/17/2009). Motions are not to exceed 10 pages. (JCur)
September 9, 2009 Filing 135 REPLY to Response re 128 MOTION for Order to Exclude Plaintiffs' Late-Disclosed Claim of Entitlement to Profits from Sales of iPods by Apple Inc. Under FRCP 37, Settled Copyright Law, and FRE 702 filed by Aftermath Records, Apple Computer, Incorporated. (Lemoine, Melinda)
September 3, 2009 Filing 134 RESPONSE to 128 MOTION for Order to Exclude Plaintiffs' Late-Disclosed Claim of Entitlement to Profits from Sales of iPods by Apple Inc. Under FRCP 37, Settled Copyright Law, and FRE 702 filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Declaration of Marc Guilford, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit F) (Busch, Richard)
August 31, 2009 Filing 133 REPLY to Response re 124 MOTION to Amend/Correct 1 Complaint, filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Busch, Richard)
August 24, 2009 Filing 132 RESPONSE to 124 MOTION to Amend/Correct 1 Complaint, filed by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Plaintiffs' Initial Disclosures, # 3 Exhibit 2 - Defendants' Expert Disclosure) (Lemoine, Melinda)
August 20, 2009 Filing 131 SEALED EXHIBIT No. 6 re 128 MOTION for Order to Exclude Plaintiffs' Late-Disclosed Claim of Entitlement to Profits from Sales of iPods by Apple Inc. Under FRCP 37, Settled Copyright Law, and FRE 702 by Aftermath Records, Apple Computer, Incorporated. (Lemoine, Melinda)
August 20, 2009 Filing 130 SEALED EXHIBIT No. 3 re 128 MOTION for Order to Exclude Plaintiffs' Late-Disclosed Claim of Entitlement to Profits from Sales of iPods by Apple Inc. Under FRCP 37, Settled Copyright Law, and FRE 702 by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Document Continuation, # 2 Document Continuation, # 3 Document Continuation, # 4 Document Continuation, # 5 Document Continuation) (Lemoine, Melinda)
August 20, 2009 Filing 129 SEALED EXHIBIT No. 2 re 128 MOTION for Order to Exclude Plaintiffs' Late-Disclosed Claim of Entitlement to Profits from Sales of iPods by Apple Inc. Under FRCP 37, Settled Copyright Law, and FRE 702 by Aftermath Records, Apple Computer, Incorporated. (Lemoine, Melinda)
August 20, 2009 Filing 128 MOTION for Order to Exclude Plaintiffs' Late-Disclosed Claim of Entitlement to Profits from Sales of iPods by Apple Inc. Under FRCP 37, Settled Copyright Law, and FRE 702 by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6) (Lemoine, Melinda)
August 13, 2009 Filing 127 NOTICE of hearing on 124 MOTION to Amend/Correct 1 Complaint,. Responses due by 8/24/2009 Replies due by 8/31/2009 Motion Hearing set for 9/21/2009 09:00 AM before District Judge Anna Diggs Taylor. (Carter, M)
August 11, 2009 Opinion or Order Filing 126 STIPULATION AND ORDER Regarding Pre-Trial Schedule And Remaining Depositions. (Final Pretrial Conference set for 9/10/2009 10:00 AM before District Judge Anna Diggs Taylor). Signed by District Judge Anna Diggs Taylor. (JCur)
August 6, 2009 Filing 125 DECLARATION by Richard S. Busch re 124 MOTION to Amend/Correct 1 Complaint, filed by Eight Mile Style, LLC, Martin Affiliated, LLC (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) (Busch, Richard)
August 6, 2009 Filing 124 MOTION to Amend/Correct 1 Complaint, by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Exhibit Proposed Amended Complaint) (Busch, Richard)
June 22, 2009 Opinion or Order Filing 123 STIPULATION AND ORDER Regarding Trial Schedule, Expert Discovery on Damages, and Resolution of Plaintiffs' 120 Emergency Discovery Motion: (Bench Trial reset for 9/22/2009 09:00 AM before District Judge Anna Diggs Taylor) Signed by District Judge Anna Diggs Taylor. (JCur)
June 10, 2009 Filing 122 NOTICE of hearing on 120 Emergency Motion To Resolve Discovery Issues. Resolved/Unresolved Issues due by 6/15/2009. Motion Hearing set for 6/16/2009 02:00 PM before Magistrate Judge Donald A Scheer. (MLan)
June 8, 2009 Set/Reset Scheduling Order Deadlines: Final Pretrial Conference set for 8/6/2009 09:30 AM before District Judge Anna Diggs Taylor, Settlement Conference set for 8/6/2009 09:30 AM before District Judge Anna Diggs Taylor, Bench Trial set for 9/1/2009 09:00 AM before District Judge Anna Diggs Taylor (JCur)
June 3, 2009 Opinion or Order Filing 121 ORDER REFERRING MOTION to Magistrate Judge Donald A Scheer: 120 Emergency MOTION To Resolve Discovery Issues filed by Eight Mile Style, LLC, Martin Affiliated, LLC. Signed by District Judge Anna Diggs Taylor. (JCur)
June 2, 2009 Filing 120 Emergency MOTION Emergency Motion To Resolve Discovery Issues by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Exhibit A - Declaration of Richard S. Busch, # 2 Exhibit 1-A Hearing Transcript, # 3 Exhibit B Declaration of Marc Guilford, # 4 Proposed Order) (Busch, Richard)
April 21, 2009 Opinion or Order Filing 119 FINAL STIPULATION AND ORDER to extend discovery to allow discovery to be completed: Discovery due by 6/10/2009. Signed by District Judge Anna Diggs Taylor. (JCur)
February 24, 2009 Opinion or Order Filing 118 ORDER DENYING DEFENDANTS' 66 REVISED MOTION FOR SUMMARY JUDGMENT AND DENYING OTHER PENDING MOTIONS: 38 Motion to Bifurcate; 80 Motion to Exclude Late Produced Documents; 108 Motion to Strike the Declaration of Patrick Sullivan and extending discovery to: 4/1/2009. Signed by District Judge Anna Diggs Taylor. (JCur)
January 9, 2009 Filing 117 TRANSCRIPT of Motions held on December 4th, 2008. (Court Reporter/Transcriber: Joan L. Morgan) (Number of Pages: 60) Redaction Request due 1/30/2009. Redacted Transcript Deadline set for 2/9/2009. Release of Transcript Restriction set for 4/9/2009. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Morgan, J)
December 4, 2008 Minute Entry - Motion Hearing held on 12/4/2008 re Defendants' 38 MOTION to Bifurcate; 66 Renewed MOTION for Summary Judgment; 108 Motion to Strike and Plaintiffs' 80 MOTION to Exclude Late Produced Documents before District Judge Anna Diggs Taylor. Disposition: ALL MOTIONS WERE DENIED. (Granted additional discovery until 4/10/2009 on late documents for both sides - order to be presented). (Court Reporter Joan Morgan) (JCur)
December 3, 2008 Filing 116 NOTICE by Eight Mile Style, LLC, Martin Affiliated, LLC re 74 Response to Motion,,,,,,,,,,,,, Notice of Filing Supplemental Evidence (Attachments: # 1 Exhibit 1 - Deposition Pages) (Busch, Richard)
November 6, 2008 Filing 115 SEALED EXHIBIT 3-E: Email from Patrick Sullivan to Marc Guilford, cc to Richard Busch, Mark Levinsohn and Ramona DeSalvo, dated August 12, 2008 re 111 Reply to Response to Motion,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Lemoine, Melinda)
November 6, 2008 Filing 114 SEALED EXHIBIT 3-D: Email from Marc Guilford to Patrick Sullivan, cc to Richard Busch, dated August 12, 2008 re 111 Reply to Response to Motion,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Lemoine, Melinda)
November 6, 2008 Filing 113 SEALED EXHIBIT 3-B: Expert Report by Patrick F. Sullivan, M.A. dated August 12, 2008 re 111 Reply to Response to Motion,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Lemoine, Melinda)
November 6, 2008 Filing 112 SEALED EXHIBIT 3-A: Declaration of Patrick Sullivan in Opposition to Motion for Summary Judgment of Defendants Apple Computer, Inc. and Aftermath Records d/b/a Aftermath Entertainment dated August 28, 2008 re 111 Reply to Response to Motion,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Lemoine, Melinda)
November 6, 2008 Filing 111 REPLY to Response re 108 Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,,Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,,Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,,Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,,Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,, filed by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 3: Declaration of Melinda E. LeMoine, # 3 Exhibit 3-A: Declaration of Patrick Sullivan in Opposition to Motion for Summary Judgment of Defendants Apple Computer, Inc. and Aftermath Records d/b/a Aftermath Entertainment dated August 28, 2008 (Filed Under Seal), # 4 Exhibit 3-B: Expert Report by Patrick F. Sullivan, M.A. dated August 12, 2008 (Filed Under Seal), # 5 Exhibit 3-C: Email from Howard Hertz to Daniel Quick, Kelly Klaus, Melinda LeMoine, Richard Busch, Marc Guilford, et. al., dated July 18, 2008, # 6 Exhibit 3-D: Email from Marc Guilford to Patrick Sullivan, cc to Richard Busch, dated August 12, 2008 (Filed Under Seal), # 7 Exhibit 3-E: Email from Patrick Sullivan to Marc Guilford, cc to Richard Busch, Mark Levinsohn and Ramona DeSalvo, dated August 12, 2008 (Filed Under Seal), # 8 Exhibit 3-F: Letter from Kelly Klaus to Richard Busch and Howard Hertz dated April 4, 2008, # 9 Exhibit 3-G: Email from Richard Busch to Kelly Klaus dated April 18, 2008, # 10 Exhibit 3-H: Letter from Richard Busch to Kelly Klaus dated April 21, 2008, # 11 Exhibit 3-I: Letter from Kelly Klaus to Richard Busch dated October 2, 2008, # 12 Exhibit 3-J: Letter from Kelly Klaus to Richard Busch dated October 23, 2008) (Lemoine, Melinda)
October 30, 2008 Filing 110 RESPONSE to 108 Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,,Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,,Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,,Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,,Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,, filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Richard Busch, # 3 Exhibit A1 - Sullivan, DeSalvo Emails, # 4 Exhibit A2 - June 6, 2008 Ltr from Defendants, # 5 Exhibit A3 - June 6 Email to Defendants, # 6 Exhibit A4 - August 19, 2008 Ltr from Defendants, # 7 Exhibit A5 - August 20, 2008 Ltr to Defendants, # 8 Exhibit A6 - October 2, 2008 Ltr from Defendants, # 9 Exhibit A7 - October 6, 2008 Ltr to Defendants, # 10 Exhibit B - Gold v. Cadence Innovation, # 11 Exhibit C - Kubiak v. Medical Staffing Network, # 12 Exhibit D - Manning v. Crocket) (Busch, Richard)
October 23, 2008 Filing 109 REVISED NOTICE of hearing on 38 MOTION to Bifurcate Damages Discovery and Trial; 66 Renewed MOTION for Summary Judgment; 80 MOTION to Exclude Late Produced Documents. 108 Amended MOTION to Strike 79 Statement 74 Response to Motion: Responses due by 10/30/2008, Replies due by 11/6/2008. Motion Hearing set for 12/4/2008 09:00 AM before District Judge Anna Diggs Taylor. (JCur)
October 16, 2008 Filing 108 Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits to Corrected Motion to Strike, # 2 Exhibit Declaration of Melinda LeMoine, # 3 Exhibit 1-A Excerpts from Deposition of Patrick Sullivan, # 4 Exhibit 1-B E-Mail from DeSalvo to Sullivan dated Aug. 27, 2008, # 5 Exhibit 1-C Email from DeSalvo to Sullivan dated August 20, # 6 Exhibit 1-D Eight Mile Style's Responses to First Set of Interrogatories, # 7 Exhibit 1-E Martin Affiliated's Responses to First Set of Interrogatories, # 8 Exhibit 1-F Eight Mile Style's Responses to First Set of RFPs, # 9 Exhibit 1-G Martin Affiliated's Responses to First Set of RFPs, # 10 Exhibit 1-H Eight Mile Style's Responses to Second Set of RFPs, # 11 Exhibit 1-I Martin Affiliated'd Responses to Second Set of RFPs, # 12 Exhibit 1-J Eight Mile Style's Responses to Second Set of Interrogatories, # 13 Exhibit 1-K Martin Affiliated's Responses to Second Set of Interrogatories, # 14 Exhibit 2 - Anderson v. United States) (Lemoine, Melinda)
October 15, 2008 Filing 107 MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,, Declaration of Patrick Sullivan and Statement of Material Facts and Conditional Motion to Strike Plaintiffs' Late-Produced Documents by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits TO DEFENDANTS AFTERMATH RECORDS AND APPLE INC.S MOTION TO STRIKE DECLARATION OF PATRICK SULLIVAN AND PLAINTIFFS STATEMENT OF MATERIAL FACTS AND CONDITIONAL MOTION TO STRIKE PLAINTIFFS LATE-PRODUCED DOCUMENTS, # 2 Exhibit Declaration of Melinda LeMoine In Support of Defendants Aftermath Records and Apple Inc.s Motion to Strike Declaration of Patrick Sullivan and Plaintiffs Statement of Material Facts and Conditional Motion to Strike Plaintiffs Late-Produced Documents, # 3 Exhibit 1-A: Excerpts of transcript pages from the depositions of Patrick Sullivan taken on September 18, 2008 and October 1, 2008, # 4 Exhibit 1-B: E-mail between Ramona DeSalvo and Patrick Sullivan, dated August 27, 2008, # 5 Exhibit 1-C: E-mail between Ramona DeSalvo and Patrick Sullivan, dated August 20, 2008, # 6 Exhibit 1-D: Plaintiff Eight Mile Style, LLCs Responses to Defendants First Set of Interrogatories, dated March 21, 2008, # 7 Exhibit 1-E: Plaintiff Martin Affiliated, LLCs Responses to Defendants First Set of Interrogatories, dated March 21, 2008, # 8 Exhibit 1-F: Plaintiff Eight Mile Style, LLCs Responses to the Defendants First Set of Requests for Production of Documents, dated March 21, 2008, # 9 Exhibit 1-G: Plaintiff Martin Affiliated, LLCs Responses to Defendants First Requests for Production of Documents, dated March 21, 2008, # 10 Exhibit 1-H: Plaintiff Eight Mile Style, LLCs Responses to the Defendants Second Set of Requests for Production of Documents, dated August 8, 2008, # 11 Index of Exhibits 1-I: Plaintiff Martin Affiliated, LLCs Responses to Defendants Second Set of Requests for Production of Documents, dated August 8, 2008, # 12 Exhibit 1-J: Plaintiff Eight Mile Style, LLCs Responses to Defendants Second Set of Interrogatories, dated August 8, 2008, # 13 Exhibit 1-K: Plaintiff Martin Affiliated, LLCs Responses to Defendants Second Set of Interrogatories, dated August 8, 2008, # 14 Exhibit 2: Anderson v. United States, 39 Fed. Appx. 132, 2002 WL 857742 (6th Cir. May 3, 2002)) (Klaus, Kelly)
October 15, 2008 Filing 106 OBJECTION to 74 Response to Motion,,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Klaus, Kelly)
October 15, 2008 Filing 105 STATEMENT of Defendant in Response to Plaintiffs' Statement of Material Facts by Aftermath Records, Apple Computer, Incorporated (Klaus, Kelly)
October 15, 2008 Filing 104 SEALED EXHIBIT 22-Q: Music Resources, Inc. Administration Agreement dated October 17, 2007 (Filed Under Seal) re 94 Reply to Response to Motion,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Klaus, Kelly)
October 15, 2008 Filing 103 SEALED EXHIBIT 22-P: Copy of a check from Universal Music Group to Kobalt Music Publishing (AFT-0059125) (Filed Under Seal) re 94 Reply to Response to Motion,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Klaus, Kelly)
October 15, 2008 Filing 102 SEALED EXHIBIT 22-O: Declaration of Richard Busch and accompanying Exhibit K filed in F.B.T. Productions, LLC and Em2M, LLC v. Aftermath Records et al., Case No. CV-07-03314 PSG (C.D. Cal.) on September 30, 2008 (Filed Under Seal) re 94 Reply to Response to Motion,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Klaus, Kelly)
October 15, 2008 Filing 101 SEALED EXHIBIT 22-N: Letter from Kobalt Music Publishing to UMG Recordings, dated September 30, 2008 (AFT-0059179-83) (Filed Under Seal) re 94 Reply to Response to Motion,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Klaus, Kelly)
October 15, 2008 Filing 100 SEALED EXHIBIT 22-M: Copyright Assignment and Co-Publishing Agreement with Ensign Music Corporation, dated February 4, 1999 (8M-00847-74) (Filed Under Seal) re 94 Reply to Response to Motion,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Klaus, Kelly)
October 15, 2008 Filing 99 SEALED EXHIBIT 22-L: Excerpts of transcript pages from the deposition of Eddy Cue taken on June 20, 2008 (Filed Under Seal) re 94 Reply to Response to Motion,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Klaus, Kelly)
October 15, 2008 Filing 98 SEALED EXHIBIT 22-K: Summary Chart in Response to Sullivan Decl. Exhibit C-3 (Filed Under Seal) re 94 Reply to Response to Motion,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Klaus, Kelly)
October 15, 2008 Filing 97 SEALED EXHIBIT 22-J: Summary Chart in Response to Sullivan Decl. Exhibit C-2 (Filed Under Seal) re 94 Reply to Response to Motion,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Klaus, Kelly)
October 15, 2008 Filing 96 SEALED EXHIBIT 22-I: Amendment to Production Agreement between F.B.T. Productions, LLC and Marshall Mathers p/k/a Eminem, dated February 22, 1999 (FBT-0042-46) (Filed Under Seal) re 94 Reply to Response to Motion,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Klaus, Kelly)
October 15, 2008 Filing 95 SEALED EXHIBIT 22-G:Ensign Publishing/Famous Music licenses (Filed Under Seal) re 94 Reply to Response to Motion,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Klaus, Kelly)
October 15, 2008 Filing 94 REPLY to Response re 66 Renewed MOTION for Summary Judgment, 34 MOTION for Summary Judgment, 80 MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment, 53 MOTION for Partial Summary Judgment iso Revised Motion for Summary Judgment filed by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits TO DEFENDANTS AFTERMATH RECORDS AND APPLE INC.S REPLY BRIEF IN SUPPORT OF REVISED MOTION FOR SUMMARY JUDGMENT, # 2 Exhibit 22: Declaration of Melinda LeMoine In Support of Defendants Reply Brief In Support of Defendants Revised Motion for Summary Judgment, # 3 Exhibit 22-A: Excerpts of transcript pages from the depositions of Patrick Sullivan taken on September 18, 2008 and October 1, 2008, # 4 Exhibit 22-B: Excerpts of transcript pages from the deposition of Todd Douglas taken on May 6, 2008, # 5 Exhibit 22-C: Excerpts of transcript pages from the deposition of Cynthia Oliver taken on July 17, 2008, # 6 Exhibit 22-D: Excerpts of transcript pages from the deposition of Chad Gary taken on May 6, 2008, # 7 Exhibit 22-E: Excerpts of transcript pages from the deposition of Patricia Blair taken on May 29, 2008, # 8 Exhibit 22-F: Letter from Glenn Pomerantz to Richard Busch dated August 19, 2008, # 9 Exhibit 22-G: Ensign Publishing/Famous Music licenses (Filed Under Seal), # 10 Index of Exhibits 22-H: Summary Chart of Grants of Rights in Compositions (Docket No. 66-3, Revised to Include Ensign Publishing/Famous Music Licenses), # 11 Exhibit 22-I: Amendment to Production Agreement between F.B.T. Productions, LLC and Marshall Mathers p/k/a Eminem, dated February 22, 1999 (FBT-0042-46) (Filed Under Seal), # 12 Index of Exhibits 22-J: Summary Chart in Response to Sullivan Decl. Exhibit C-2 (Filed Under Seal), # 13 Exhibit 22-K: Summary Chart in Response to Sullivan Decl. Exhibit C-3 (Filed Under Seal), # 14 Exhibit 22-L: Excerpts of transcript pages from the deposition of Eddy Cue taken on June 20, 2008 (Filed Under Seal), # 15 Exhibit 22-M: Copyright Assignment and Co-Publishing Agreement with Ensign Music Corporation, dated February 4, 1999 (8M-00847-74) (Filed Under Seal), # 16 Exhibit 22-N: Letter from Kobalt Music Publishing to UMG Recordings, dated September 30, 2008 (AFT-0059179-83) (Filed Under Seal), # 17 Exhibit 22-O: Declaration of Richard Busch and accompanying Exhibit K filed in F.B.T. Productions, LLC and Em2M, LLC v. Aftermath Records et al., Case No. CV-07-03314 PSG (C.D. Cal.) on September 30, 2008 (Filed Under Seal), # 18 Exhibit 22-P: Copy of a check from Universal Music Group to Kobalt Music Publishing (AFT-0059125) (Filed Under Seal), # 19 Exhibit 22-Q: Music Resources, Inc. Administration Agreement dated October 17, 2007 (Filed Under Seal), # 20 Exhibit 23: Asset Marketing Systems, Inc. v. Gagnon, 2008 WL 4138181 (9th Cir. Sept. 9, 2008)) (Klaus, Kelly)
October 14, 2008 Opinion or Order Filing 93 STIPULATION AND ORDER TO EXTEND TIME to Reply to Plaintiffs' 74 Opposition to Defendants' 66 Revised Motion for Summary Judgment: Replies due by 10/15/2008. Signed by District Judge Anna Diggs Taylor. (JCur)
October 3, 2008 Filing 92 REPLY to Response re 80 MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment [CORRECTED REPLY BRIEF REPLACING DOC. NO. 80] filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Richard Busch, # 3 Exhibit 1A - Excerpts of Blair Deposition, # 4 Exhibit 1B - Plaintiffs' Emails to Defendants, # 5 Exhibit 1C - Defendants' Reply to Emails from Plaintiffs, # 6 Exhibit 2 - Declaration of Howard Hertz) (Busch, Richard)
October 3, 2008 Filing 91 [STRICKEN - WRONG VERSION FILED. Refer to 92 ] REPLY to Response re 80 MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Richard Busch, # 3 Exhibit 1A - Exceprts of Blair Deposition Transcript, # 4 Exhibit 1B - Emails From Plaintiffs to Defendants, # 5 Exhibit 1C - Defendants' Reply to Plaintiffs' Emails, # 6 Exhibit 2 - Declaration of Howard Hertz) (Busch, Richard) Modified on 10/6/2008 (JCur).
September 29, 2008 Filing 90 NOTICE of hearing on 38 MOTION to Bifurcate Damages Discovery and Trial, 66 Renewed MOTION for Summary Judgment, 80 MOTION to Exclude Late Produced Documents Motion Hearing set for 10/27/2008 09:00 AM before District Judge Anna Diggs Taylor. (JCur)
September 25, 2008 Filing 89 TRANSCRIPT of Motion Hearing held on 06/12/2008. (Court Reporter/Transcriber: Marie Metcalf) (Number of Pages: 43) Redaction Request due 10/16/2008. Redacted Transcript Deadline set for 10/27/2008. Release of Transcript Restriction set for 12/24/2008. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Metcalf, M)
September 19, 2008 Filing 88 SEALED EXHIBIT A-21 - Copies of several mechanical licenses granted by Ensign Music Corporation (Filed Under Seal) re 86 Response to Motion,,,,,,,,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Klaus, Kelly)
September 19, 2008 Filing 87 SEALED EXHIBIT A-20 - Copyright Assignment and Co-Publishing Agreement dated February 4, 1999 between Ensign Music Corporation, Mark Bass and Jeff Bass, doing business as F.B.T. Productions and 8 Mile Style Music, c/o Joel Martin (Filed Under Seal) re 86 Response to Motion,,,,,,,,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Klaus, Kelly)
September 19, 2008 Filing 86 RESPONSE to 80 MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment filed by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Kelly M. Klaus In Support of Defendants Opposition to Plaintiffs Motion to Exclude Late Produced Documents, # 3 Exhibit A-1 - Order Granting in Part and Denying In Part Plaintiffs Motion to Compel Discovery Responses entered on June 25, 2008 (Docket No. 50), # 4 Exhibit A-2 - Proposed Scheduling Order entered on January 8, 2008 (Docket No. 20), # 5 Exhibit A-3 - Plaintiffs Initial Disclosures dated February 12, 2008, # 6 Exhibit A-4 - Plaintiffs First Set of Interrogatories dated February 12, 2008, # 7 Exhibit A-5 - Plaintiffs First Set of Requests for Production of Documents dated February 12, 2008, # 8 Exhibit A-6 - Aftermath Records Responses and Objections to Plaintiffs First Set of Interrogatories dated March 20, 2008, # 9 Exhibit A-7 - Aftermath Records Responses and Objections to Plaintiffs First Set of Requests for Production of Documents dated March 20, 2008, # 10 Exhibit A-8 - Apple Inc.s Responses and Objections to Plaintiffs First Set of Interrogatories dated March 20, 2008, # 11 Exhibit A-9 - Apple Inc.s Responses and Objections to Plaintiffs First Set of Requests for Production of Documents dated March 20, 2008, # 12 Exhibit A-10 - Letter dated April 1, 2008 from Richard Busch to Kelly Klaus and Daniel Quick, # 13 Exhibit A-11 - Email dated April 16, 2008 from Richard Busch to Kelly Klaus et al., # 14 Exhibit A-12 - List of Unresolved Issues submitted on June 10, 2008, # 15 Exhibit A-13 - Excerpts from transcript of Hearing on Plaintiffs Motion to Compel Discovery on June 12, 2008, # 16 Exhibit A-14 - Aftermath Records Supplemental Responses and Objections to Plaintiffs First Set of Interrogatories (No. 18) and to Plaintiffs First Set of Requests for Production (No. 6) dated July 3, 2008, # 17 Exhibit A-15 - Chart summarizing Plaintiffs late-produced and previously undisclosed documents that were relied on in their Summary Judgment Opposition, # 18 Exhibit A-16 - Plaintiff Eight Mile Style, LLCs Responses to Defendants First Set of Interrogatories dated March 21, 2008, # 19 Exhibit A-17 - Plaintiff Martin Affiliated, LLCs Responses to Defendants First Set of Interrogatories dated March 21, 2008, # 20 Exhibit A-18 - Plaintiff Eight Mile Style, LLCs Responses to the Defendants First Set of Requests for Production of Documents dated March 21, 2008, # 21 Exhibit A-19 - Plaintiff Martin Affiliated, LLCs Responses to Defendants Requests for Production of Documents dated March 21, 2008, # 22 Exhibit A-20 - Copyright Assignment and Co-Publishing Agreement dated February 4, 1999 between Ensign Music Corporation, Mark Bass and Jeff Bass, doing business as F.B.T. Productions and 8 Mile Style Music, c/o Joel Martin (Filed Under Seal), # 23 Exhibit A-21 - Copies of several mechanical licenses granted by Ensign Music Corporation (Filed Under Seal), # 24 Exhibit A-22 - FBT-00144, # 25 Exhibit B - Declaration of Rand Hoffman In Support of Defendants Opposition to Plaintiffs Motion to Exclude Late Produced Documents, # 26 Exhibit C - Declaration of Cynthia Oliver In Support of Defendants Opposition to Plaintiffs Motion to Exclude Late Produced Documents, # 27 Exhibit D - Declaration of Melinda LeMoine In Support of Defendants Opposition to Plaintiffs Motion to Exclude Late Produced Documents, # 28 Exhibit D-1 - Defendants Second Set of Interrogatories to Plaintiff Eight Mile Style, LLC dated April 30, 2008, # 29 Exhibit D-2 - Defendants Second Set of Interrogatories to Plaintiff Martin Affiliated, LLC dated April 30, 2008, # 30 Exhibit D-3 - Defendants Second Set of Requests for Production of Documents to Plaintiff Eight Mile Style, LLC dated April 30, 2008, # 31 Exhibit D-4 - Defendants Second Set of Requests for Production of Documents to Plaintiff Martin Affiliated, LLC dated April 30, 2008, # 32 Exhibit D-5 - Plaintiff Eight Mile Style, LLCs Responses to Defendants Second Set of Interrogatories dated August 8, 2008, # 33 Exhibit D-6 - Plaintiff Eight Mile Style, LLCs Responses to Defendants Second Set of Requests for Production of Documents dated August 8, 2008, # 34 Exhibit D-7 - Plaintiff Martin Affiliated, LLCs Responses to Defendants Second Set of Interrogatories dated August 8, 2008, # 35 Exhibit D-8 - Plaintiff Martin Affiliated, LLCs Responses to Defendants Second Set of Requests for Production of Documents dated August 8, 2008, # 36 Exhibit E - Declaration of Irek Lacki In Support of Defendants Opposition to Plaintiffs Motion to Exclude Late Produced Documents) (Klaus, Kelly)
September 8, 2008 Filing 85 NOTICE by Eight Mile Style, LLC, Martin Affiliated, LLC re 74 Response to Motion,,,,,,,,,,,,, of Filing of Supplemental Authority (Busch, Richard)
September 5, 2008 Filing 84 INDEX of Exhibits re 80 MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment by Eight Mile Style, LLC, Martin Affiliated, LLC (Busch, Richard)
September 4, 2008 Filing 83 SEALED EXHIBIT CORRECTED Ex. 2 to Sullivan Declaration re 78 Sealed Exhibit, by Eight Mile Style, LLC, Martin Affiliated, LLC. (Busch, Richard)
September 4, 2008 Filing 82 SEALED EXHIBIT CORRECTED Ex. 16 to Martin Declaration re 77 Sealed Exhibit,,,,, by Eight Mile Style, LLC, Martin Affiliated, LLC. (Busch, Richard)
August 29, 2008 Filing 81 SEALED EXHIBIT Declaration of Richard S. Busch re 80 MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment by Eight Mile Style, LLC, Martin Affiliated, LLC. (Busch, Richard)
August 29, 2008 Filing 80 MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Exhibit 1 - Busch Declaration, # 2 Exhibit 1A - Aftermath Resp Interrogatories, # 3 Exhibit 1B - Apple Resp. Interrogatories, # 4 Exhibit 1C - Aftermath Resp. Doc Request, # 5 Exhibit 1D - Apple Resp. Doc Request, # 6 Exhibit 1E - Aftermath Supp Resp Interrogatories, # 7 Exhibit 1F - Apple Supplemental Resp. Interrogatories (Under Seal), # 8 Exhibit 1G - Summary of Documents, # 9 Exhibit 2 - Case Law) (Busch, Richard)
August 29, 2008 Filing 79 STATEMENT of Material Facts in Support of Plaintiffs' Response in Opposition to Defendants' Motion For Summary Judgment (Doc. No. 74) by Eight Mile Style, LLC, Martin Affiliated, LLC (Busch, Richard)
August 29, 2008 Filing 78 SEALED EXHIBIT Sullivan Declaration re 74 Response to Motion,,,,,,,,,,,,, by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Exhibit C1 - Sullivan Expert Report, # 2 Exhibit C2 - Summary Chart of Compositions, # 3 Exhibit C3 - Chart of Agreements, # 4 Exhibit 3a - 3d - iTunes International Printouts) (Busch, Richard)
August 29, 2008 Filing 77 SEALED EXHIBIT Martin Declaration re 74 Response to Motion,,,,,,,,,,,,, by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Exhibit B - 1 11/28/95 Exclusive Recording Agreement, # 2 Exhibit B- 2 3/09/98 Agreement, # 3 Exhibit B - 3 Letter of Inducement, # 4 Exhibit 4 - 7/02/03 Agreement, # 5 Exhibit B - 5 9/07/00 Novation, # 6 Exhibit B - 6 4/19/00 Operating Agreement, # 7 Exhibit B - 7 Copyright Assignments, # 8 Exhibit B - 8 Co-Publisher Agreement Between Mark Bass and Eight Mile, # 9 Exhibit B - 9 Co-Publisher Agreement Between Jeff Bass and Eight Mile, # 10 Exhibit B - 11 Amendment to Agreement, # 11 Exhibit B - 10 1/09/03 Agreement, # 12 Exhibit B-12 Amendment to Agreement, # 13 Exhibit B - 13 Exclusive Agreement King and 8 mile, # 14 Exhibit B-14 1/9/03 Amendment, # 15 Exhibit B-15 Amendment to Agreement, # 16 Exhibit B - 16 Schedule 1, # 17 Exhibit B-17 Comps 100% Owned by Eight Mile and Martin Affiliated, # 18 Exhibit B-18 Sample Royalty Stmt, # 19 Exhibit B-19 Sample Royalty Stmt, # 20 Exhibit B - 20 Sample Royalty Statement Glossary, # 21 Exhibit B-21 - August 25, 2005 License, # 22 Exhibit B-22 - August 11, 2008 Letter, # 23 Exhibit B23 - August 14, 2008 Letter, # 24 Exhibit B-24 - August 21, 2008 Letter, # 25 Exhibit B-25 - List of Compositions) (Busch, Richard)
August 29, 2008 Filing 76 SEALED EXHIBIT 8 to Declaration of Richard S. Busch re 74 Response to Motion,,,,,,,,,,,,, by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Exhibit 81-82 to Deposition of Steve Jobs, # 2 Exhibit 83 & 85 to Jobs Deposition) (Busch, Richard)
August 29, 2008 Filing 75 SEALED EXHIBIT 7 to Busch Declaration re 74 Response to Motion,,,,,,,,,,,,, by Eight Mile Style, LLC, Martin Affiliated, LLC. (Busch, Richard)
August 28, 2008 Filing 74 RESPONSE to 66 Renewed MOTION for Summary Judgment filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Richard S. Busch, # 3 Exhibit 1 - Paterno Deposition Excerpts, # 4 Exhibit 2 - Rogell Deposition Excerpts, # 5 Exhibit 3 - Nieves Deposition Excerpts, # 6 Exhibit 4 - Hoffman Deposition Excerpts, # 7 Exhibit 5 Ostroff Deposition Excerpts, # 8 Exhibit 6 Martin Vol. I Deposition Excerpts, # 9 Exhibit 7 - Cue Deposition Excerpts (Under Seal), # 10 Exhibit 8 Jobs Deposition Excerpts (Under Seal), # 11 Exhibit 9 - Blair Deposition Excerpts, # 12 Exhibit 10 - Douglas Deposition Excerpts, # 13 Exhibit 11 - Gary Deposition Excerpts, # 14 Exhibit 12 - Ferrante Deposition Excerpts, # 15 Exhibit 13 - Martin Vol. II Deposition Excerpts, # 16 Exhibit 14 - Levinsohn Deposition Excerpts, # 17 Exhibit 15 Van Hagen Deposition Excerpts, # 18 Exhibit 16 - Harrington Deposition Excerpts, # 19 Exhibit 17 - Eisler Deposition Excerpts, # 20 Exhibit 18 - Passman Passages, # 21 Exhibit Docket 2006-3, CRB DPRA, # 22 Exhibit 20 - Webpages from Copyright Office, # 23 Exhibit 21 - Industry Agreement - RIAA, NMPA, HFA, # 24 Exhibit 22 - Senate Report, # 25 Exhibit 23 - Memo from Reinhardt v. Walmart, # 26 Exhibit 24 - Farber Passages, # 27 Exhibit 25 - Allman Bros. Contract, # 28 Exhibit 26 -Shemel & Krasilovsky, # 29 Exhibit 27 - 7/3/08, # 30 Exhibit 28 -Defs Resp to 30(b)(6), # 31 Exhibit B - Martin Declaration (Under Seal), # 32 Exhibit Martin Declaration Ex 1 (Under Seal), # 33 Exhibit Martin Declaration Exhibit 2 (Under Seal), # 34 Exhibit Martin Declaration Exhibit 3 (Under Seal), # 35 Exhibit Martin Declaration Exhibit 4 (Under Seal), # 36 Exhibit Martin Declaration Exhibit 4 (Under Seal), # 37 Exhibit Martin Declaration Exhibit 6 (Under Seal), # 38 Exhibit Martin Declaration Exhibit 7 (Under Seal), # 39 Exhibit Martin Declaration Exhibit 8 (Under Seal), # 40 Exhibit Martin Declaration Exhibit 9 (Under Seal), # 41 Exhibit Martin Declaration Exhibit 10 (Under Seal), # 42 Exhibit Martin Declaration Exhibit 11 (Under Seal), # 43 Exhibit Martin Declaration Exhibit 12 (Under Seal), # 44 Exhibit Martin Declaration Exhibit 13 (Under Seal), # 45 Exhibit Martin Declaration Exhibit 14 (Under Seal), # 46 Exhibit Martin Declaration Exhibit 15 (Under Seal), # 47 Exhibit Martin Declaration Exhibit 16 (Under Seal), # 48 Exhibit Martin Declaration Exhibit 17 (Under Seal), # 49 Exhibit Martin Declaration Exhibit 18 (Under Seal), # 50 Exhibit Martin Declaration Exhibit 19 (Under Seal), # 51 Exhibit Martin Declaration Exhibit 20 (Under Seal), # 52 Exhibit Martin Declaration Exhibit 21 (Under Seal), # 53 Exhibit Martin Declaration Exhibit 22 (Under Seal), # 54 Exhibit Martin Declaration Exhibit 23 (Under Seal), # 55 Exhibit Martin Declaration Exhibit 24 (Under Seal), # 56 Exhibit Martin Declaration Exhibit 25 (Under Seal), # 57 Exhibit Sullivan Declaration (Under Seal), # 58 Exhibit Sullivan Declaration Ex 1 (Under Seal), # 59 Exhibit Sullivan Declaration Ex 2 (Under Seal), # 60 Exhibit Sullivan Declaration Ex 3 (Under Seal), # 61 Exhibit Sullivan Declaration Ex 3 a -e (Under Seal), # 62 Exhibit D - Declaration of Howard Abrams, # 63 Exhibit 1 to Abrams Declaration - Expert Report, # 64 Exhibit E - Hernandez Declaration, # 65 Exhibit F - Case Law) (Busch, Richard)
July 29, 2008 Filing 73 EXHIBIT 21 to 66 Renewed MOTION for Summary Judgment by Aftermath Records and Apple Computer, Incorporated. FILED UNDER SEAL (KGeh)
July 29, 2008 Filing 72 EXHIBIT 20 to 66 Renewed MOTION for Summary Judgment by Aftermath Records and Apple Computer, Incorporated. FILED UNDER SEAL (KGeh)
July 29, 2008 Filing 71 EXHIBIT 19 to 66 Renewed MOTION for Summary Judgment by Aftermath Records and Apple Computer, Incorporated. FILED UNDER SEAL (KGeh)
July 29, 2008 Filing 70 EXHIBIT 18 to 66 Renewed MOTION for Summary Judgment by Aftermath Records and Apple Computer, Incorporated. FILED UNDER SEAL (KGeh)
July 29, 2008 Filing 69 EXHIBIT 17 to 66 Renewed MOTION for Summary Judgment by Aftermath Records and Apple Computer, Incorporated. FILED UNDER SEAL (KGeh)
July 29, 2008 Filing 68 EXHIBIT 16 to 66 Renewed MOTION for Summary Judgment by Aftermath Records and Apple Computer, Incorporated. FILED UNDER SEAL (KGeh)
July 29, 2008 Filing 67 EXHIBIT 14 to 66 Renewed MOTION for Summary Judgment by Aftermath Records and Apple Computer, Incorporated. FILED UNDER SEAL (KGeh)
July 28, 2008 Filing 66 Renewed MOTION for Summary Judgment by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1b - Revised summary chart of compositions at issue with citations to the corresponding grant(s) of license, # 3 Exhibit Exhibit 14 - Agreement Between Marshall Mathers and Shady Records, Inc. re: Eight Mile Soundtract dated May 23, 2002 (Filed Under Seal), # 4 Exhibit Exhibit 15 - Second Amended Complaint in F.B.T. Productions, Inc. and Em2M, LLC v. Aftermath Records, et al Case No. CV-07-03314 (PSG) (C.D. Cal.), # 5 Exhibit Exhibit 16 - First Look Agreement between Interscope Records and Shady Records dated August 20, 1999 (Filed Under Seal), # 6 Exhibit Exhibit 17 - Amendment to First Look Agreement between Interscope Records and Shady Records Dated January 1, 2002 (Filed Under Seal), # 7 Exhibit Exhibit 18 - Agreement between Obie Trice III and Shady Records, Inc. re: Eight Mile Soundtract dated October 1, 2002 (Filed Under Seal), # 8 Exhibit Exhibit 19 - Inducement Agreement between Obie Trice III and Interscope Records dated May 23, 2001 (Filed Under Seal), # 9 Exhibit Exhibit 20 - Inducement Agreement between Christopher Lloyd p/k/a Lloyd Banks and Interscope Records dated January 10, 2004 (Filed Under Seal), # 10 Exhibit Exhibit 21 - Mechanical license issued from Eight Mile to Zomba Recording Corp. for "Couch Potato," parody of "Lose Yourself" (Filed Under Seal)) (Quick, Daniel)
July 25, 2008 Opinion or Order Filing 65 ORDER REGARDING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT: Revised Motion for Summary Judgment due by July 28, 2008, Responses due by 8/28/2008, Replies due by 9/18/2008. Signed by District Judge Anna Diggs Taylor. (JCur)
July 17, 2008 Filing 64 EXHIBIT 12 re 53 MOTION for Partial Summary Judgment by Aftermath Records, Apple Computer, Incorporated (FILED UNDER SEAL, RECEIVED BY COURT AND PLACED IN VAULT) (LHac)
July 17, 2008 Filing 63 EXHIBIT 9 re 53 MOTION for Partial Summary Judgment by Aftermath Records, Apple Computer, Incorporated (FILED UNDER SEAL, RECEIVED BY COURT AND PLACED IN VAULT) (LHac)
July 17, 2008 Filing 62 EXHIBIT 6 re 53 MOTION for Partial Summary Judgment by Aftermath Records, Apple Computer, Incorporated (FILED UNDER SEAL, RECEIVED BY COURT AND PLACED IN VAULT) (LHac)
July 17, 2008 Filing 61 EXHIBIT 5E re 53 MOTION for Partial Summary Judgment by Aftermath Records, Apple Computer, Incorporated (FILED UNDER SEAL, RECEIVED BY COURT AND PLACED IN VAULT) (LHac)
July 17, 2008 Filing 60 EXHIBIT 5D-2 re 53 MOTION for Partial Summary Judgment by Aftermath Records, Apple Computer, Incorporated (FILED UNDER SEAL, RECEIVED BY COURT AND PLACED IN VAULT) (LHac)
July 17, 2008 Filing 59 EXHIBIT 5D-1 re 53 MOTION for Partial Summary Judgment by Aftermath Records, Apple Computer, Incorporated (FILED UNDER SEAL, RECEIVED BY COURT AND PLACED IN VAULT) (LHac)
July 17, 2008 Filing 58 EXHIBIT C-2 re 53 MOTION for Partial Summary Judgment by Aftermath Records, Apple Computer, Incorporated (FILED UNDER SEAL, RECEIVED BY COURT AND PLACED IN VAULT) (LHac)
July 17, 2008 Filing 57 EXHIBIT 5C-1 re 53 MOTION for Partial Summary Judgment by Aftermath Records, Apple Computer, Incorporated (FILED UNDER SEAL, RECEIVED BY COURT AND PLACED IN VAULT) (LHac)
July 17, 2008 Filing 56 EXHIBIT 5 B-1 re 53 MOTION for Partial Summary Judgment by Aftermath Records, Apple Computer, Incorporated (FILED UNDER SEAL, RECEIVED BY COURT AND PLACED IN VAULT) (LHac)
July 17, 2008 Filing 55 EXHIBIT 5B re 53 MOTION for Partial Summary Judgment by Aftermath Records, Apple Computer, Incorporated (FILED UNDER SEAL, RECEIVED BY COURT AND PLACED IN VAULT) (LHac)
July 17, 2008 Filing 54 EXHIBIT 5A re 53 MOTION for Partial Summary Judgment by Aftermath Records, Apple Computer, Incorporated (FILED UNDER SEAL, RECEIVED BY COURT AND PLACED IN VAULT) (LHac)
July 16, 2008 Filing 53 MOTION for Partial Summary Judgment by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, Summary chart of compositions at issue in this motion with citations to the corresponding grant of license, # 3 Exhibit Exhibit 2, Excerpts of Eight Mile Style's Responses to Interrogatories Nos. 1 and 2, including Schedule 1 listing total compositions at issue in Plaintiffs' Complaint (Schedule alone marked as Deposition Exhibit 201, # 4 Exhibit Excerpt of transcript pages 114-116 from the Deposition of Joel Martin taken on May 14, 2008, # 5 Exhibit Exhibit 4, Part 1 of 4, Copyright registrations for the 52 compositions for which co-authors granted licenses, arranged alphabetically by composition, # 6 Exhibit Exhibit 4, Part 2 of 4, Copyright registrations for the 52 compositions for which co-authors granted licenses, arranged alphabetically by composition, # 7 Exhibit Exhibit 4, Part 3 of 4, Copyright registrations for the 52 compositions for which co-authors granted licenses, arranged alphabetically by composition, # 8 Exhibit Exhibit 4, Part 4 of 4, Copyright registrations for the 52 compositions for which co-authors granted licenses, arranged alphabetically by composition, # 9 Exhibit Exhibit 5, Declaration of Rand Hoffman in Support of Defendants' Alternative Motion for Partial Summary Judgment, # 10 Exhibit Exhibit 5, Exhibit A, Agreement re Curtis Jackson (p/k/a 50 Cent) dated June 14, 2002 (Filed Under Seal), # 11 Exhibit Exhibit 5, Exhibit B, Agreement re Andre Young (p/k/a Dr. Dre) dated October 1, 2000 (Filed Under Seal), # 12 Exhibit Exhibit 5, Exhibit B-1, Joint Venture Agreement providing for producer services of Andre Young (p/k/a Dr. Dre) dated December 9, 2005 (Filed Under Seal), # 13 Exhibit Exhibit 5, Exhibit C-1, Agreement re D12 (a/k/a Dirty Dozen) dated December 1999 (Filed Under Seal), # 14 Exhibit Exhibit 5, Exhibit C-2, Agreement re D12 (a/ka/ Dirty Dozen) dated January 19, 2000 (Filed Under Seal), # 15 Exhibit Exhibit 5, Exhibit D-1, Agreement re Obie Trice dated May 24, 2001 (Filed Under Seal), # 16 Exhibit Exhibit 5, Exhibit D-2, Agreement re Obie Trice dated mAY 24, 2001 (Filed Under Seal), # 17 Exhibit Exhibit 5, Exhibit E, Agreement re Christopher Lloyd p/k/a Lloyd Banks dated January 10, 2004 (Filed Under Seal), # 18 Index of Exhibits Exhibit 6, Mechanical licenses issued for compositions at issue in this motion, arranged alphabetically by composition (Filed Under Seal), # 19 Exhibit Exhibit 7, Excerpts from Sidney Shemel & M. William Krasilovsky, This Business of Music (5th ed. 1985), # 20 Exhibit Exhibit 8, Excerpts of transcript pages 319-322 from the deposition of Joel Martin taken on May 14, 2008, # 21 Exhibit Exhibit 9, Sample form license from Eight Mile Style, bates numbered 8M - 00748 (Filed Under Seal), # 22 Exhibit Exhibit 10, Allman v. Sony BMG Music Entertainment, No. 06 CV 3252 (GBD), 2008 WL 2477465 (S.D.N.Y. June 18, 2008, # 23 Exhibit Exhibit 11, Reinhardt v. Wall-Mart Stores, Inc., No. 07 Civ. 8233 (SAS), 2008 WL 1781232 (S.D.N.Y. Apr. 18, 2008), # 24 Exhibit Exhibit 12, Mechanical license for "Lose Yourself" in fax transmittal from Joel Martin to Pat Blair dated October 17, 2002, bates numbered 8M - 0013, marked as deposition exhibit 48 (Filed Under Seal), # 25 Exhibit Exhibit 13, Excerpts of transcript pages 479-483 from the deposition of Joel Martin taken on June 26, 2008) (Quick, Daniel)
July 11, 2008 Opinion or Order Filing 52 STIPULATED ORDER FOR VOLUNTARY DISMISSAL OF COUNTS 2-5 WITH PREJUDICE PURSUANT TO FED. RULE OF CIV. PROC. 41(a)(1) as to all Defendants. Signed by District Judge Anna Diggs Taylor. (JCur)
July 8, 2008 Opinion or Order Filing 51 ORDER GRANTING PLAINTIFFS' 48 MOTION TO EXCEED PAGE LIMITATION and extending time to respond to 34 MOTION for Summary Judgment: ( Responses due by 7/21/2008, Replies due by 8/15/2008). Signed by District Judge Anna Diggs Taylor. (JCur)
June 25, 2008 Opinion or Order Filing 50 ORDER granting in part and denying in part 33 Motion to Compel. Signed by Magistrate Judge Donald A Scheer. (MLan)
June 24, 2008 Filing 49 Defendants' STATEMENT of (1) Statement of Non-Opposition to Plaintiffs' Ex Parte Motion to Exceed Page Limitation on Brief in Opposition to Summary Judgment Motion and (2) Request That the Court Allow Defendants to Exceed the Page Limitation on Reply Brief in Support of Same Summary Judgment Motion by Aftermath Records, Apple Computer, Incorporated (Quick, Daniel)
June 23, 2008 Filing 48 MOTION for Leave to File Excess Pages Limitation by Eight Mile Style, LLC, Martin Affiliated, LLC. (Hertz, Howard)
June 13, 2008 Filing 47 NOTICE of hearing on 34 MOTION for Summary Judgment. Responses due by 6/25/2008, Replies due by 7/8/2008, Motion Hearing set for 7/14/2008 12:00 PM, Room 602 before District Judge Anna Diggs Taylor. (JCur)
June 13, 2008 Opinion or Order Filing 46 STIPULATION AND ORDER TO EXTEND DISCOVERY TO ALLOW ADDITIONAL DEPOSITIONS TO BE TAKEN: Discovery due by 6/27/2008. Signed by District Judge Anna Diggs Taylor. (JCur)
June 12, 2008 Minute Entry -Motion Hearing held on 6/12/2008 re 33 MOTION to Compel Discovery filed by Eight Mile Style, LLC, Martin Affiliated, LLC before Magistrate Judge Donald A Scheer. Disposition: Motion Granted in part. (Tape #DAS 6/12/08) (MLan)
June 3, 2008 Reset Deadlines as to 33 MOTION to Compel Discovery. Resolved/Unresolved Issues due by 6/10/2008 Motion Hearing set for 6/12/2008 02:00 PM before Magistrate Judge Donald A Scheer (MLan)
May 30, 2008 Filing 45 REPLY to Response re 38 MOTION to Bifurcate Damages Discovery and Trial filed by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, Order granting in part defendants' motion to bifurcate in Jones v. Blige, No. 04-60184, Docket No. 79 (E.D. Mich. Mar, 24, 2006), # 3 Exhibit Exhibit 2, Scheduling order for liability phase of discovery in Fharmacy Records v. Simmons, No. 05-72126, Docket No. 70 (E.D. Mich. Mar. 3, 2006), # 4 Exhibit Exhibit 3, Rule 26(f) report with defendants' request for bifurcation in Fharmacy Records v. Simmons, No. 05-72126, Docket No. 68 (E.D. Mich. Feb. 27, 2006)) (Quick, Daniel)
May 27, 2008 Filing 44 NOTICE by Eight Mile Style, LLC, Martin Affiliated, LLC re 43 Response to Motion, Notice of Filing Index of Exhibits to Plaintiffs' Brief in Opposition to Defendants' Motion to Bifurcate Damages Discovery and Trial (Attachments: # 1 Index of Exhibits to Plaintiffs' Brief in Opposition to Defendants' Motion to Bifurcate) (Busch, Richard)
May 23, 2008 Filing 43 RESPONSE to 38 MOTION to Bifurcate Damages Discovery and Trial Brief in Opposition filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Exhibit A - Declaration of Marc Guilford, # 2 Exhibit B - Rule 30(b)(6) Notice to Aftermath, # 3 Exhibit C - Rule 30(b)(6) deposition notice to Apple) (Busch, Richard)
May 22, 2008 Opinion or Order Filing 42 EX-PARTE ORDER GRANTING PLAINTIFFS' 41 MOTION TO EXTEND TIME FOR PLAINTIFFS' RESPONSE TO DEFENDANTS' 34 MOTION FOR SUMMARY JUDGMENT: Responses due by 6/17/2008, Replies due by 6/27/2008 Signed by District Judge Anna Diggs Taylor. (JCur)
May 21, 2008 Filing 41 MOTION for Order (Ex Parte) to Extend Time for Plaintiffs' Response to Defendants' Motion for Summary Judgment and Brief in Support Thereof by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit [Proposed] Ex-Parte Order Granting Plaintiffs' Motion to Extend Time for Plaintiffs' Response to Defendants' Motion for Summary Judgment) (Hertz, Howard)
May 16, 2008 Filing 40 RESPONSE to 33 MOTION to Compel Discovery filed by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, Declaration of Charles Ciongoli, # 3 Exhibit Exhibit 2, April 16, 2008, 6:24 AM email from Richard Busch, # 4 Exhibit Exhibit 3, April 25, 2008, 7:03 PM email from Melinda LeMoine, # 5 Exhibit Exhibit 4, April 18, 2008, 7:05 AM email from Richard Busch, # 6 Exhibit Exhibit 5, Subpoena issued to Apple Computers, Inc. in F.B.T. Productions, LLC et al v. Aftermath Records, et al., C.D. Cal. Case No. 07-3314, # 7 Exhibit Exhibit 6, Civil Minutes Re Plaintiffs' Motion to Compel Further Response to Subpoena Served on NonParty Apple Inc. in F.B.T. Productions, LLC et al. v. Aftermath Records, et al., C.D. Cal. Case No. 07-3314 (Docket No 78), # 8 Exhibit Exhibit 7, Stipulated Protective Order entered on May 7, 2008 (Docket No. 35), # 9 Exhibit Exhibit 8, Corrected Protective Order entered on March 31, 2008 in F.B.T. Productions, LLC et al. v. Aftermath Records, et al., C.D. Cal. Case No. 07-3314 (Docket No. 43)) (Quick, Daniel)
May 9, 2008 Filing 38 MOTION to Bifurcate Damages Discovery and Trial by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, Plaintiff's First Set of Requests for Production of Documents dated February 12, 2008, # 3 Exhibit Exhibit 2, Plaintiff Eight Mile Style, LLC's Responses to the Defendants' First Set of Requests for Production of Documents dated March 21, 2008, # 4 Exhibit Exhibit 3, Plaintiff Martin Affiliated, LLC's Responses to Defendants' First Requests for Production of Documents dated March 21, 2008, # 5 Exhibit Plaintiff Eight Mile Style, LLC's Responses to Defendants' First Set of Interrogatories and Schedule 1 dated March 21, 2008, # 6 Exhibit Plaintiff Martin Affiliated, LLC's Responses to Defendants' First Set of Interrogatories and Schedule 1 dated March 21, 2008, # 7 Exhibit Exhibit 6, Declaration of Kimberly Encinas, # 8 Exhibit Exhibit 7, Declaration of Charles Ciongoli) (Quick, Daniel)
May 9, 2008 Filing 37 NOTICE of hearing on 33 MOTION to Compel Discovery. Resolved/Unresolved Issues due by 5/30/2008. Motion Hearing set for 6/3/2008 02:00 PM before Magistrate Judge Donald A Scheer. (MLan)
May 9, 2008 Opinion or Order Filing 36 ORDER REFERRING MOTION to Magistrate Judge Donald A Scheer: 33 MOTION to Compel Discovery filed by Eight Mile Style, LLC, Martin Affiliated, LLC. Signed by District Judge Anna Diggs Taylor. (JCur)
May 7, 2008 Opinion or Order Filing 35 STIPULATED PROTECTIVE ORDER. Signed by District Judge Anna Diggs Taylor. (JCur)
May 6, 2008 Filing 39 EXHIBITS 10, 9, A, B, C, D, E, F and G re 34 MOTION for Summary Judgment [filed under seal and placed in vault] (ATee)
May 5, 2008 Filing 34 MOTION for Summary Judgment by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1 Plaintiff Eight Mile ?Style, LLC's Responses to Defendants' First Set of Interrogatories and Schedule 1 dated March 21, 2008, # 3 Exhibit Exhibit 2 - Plaintiff Martin Affiliated LLC's Responses to Defendants' First Set of Interrogatories and Schedule 1 dated March 21, 2008, # 4 Exhibit Exhibit 3 - Plaintiffs' Opposition to Motion to Transfer Venue Filed on October 9, 2007, # 5 Exhibit Excerpts from Sidney Shemel & M. William Krasilovksy, This Business of Mucic (5th Ed. 1985), # 6 Exhibit Exhibit 5 - Excerpts from Donald S. Passman, All You Need to Know About the Music Business (6th Ec. 2006), # 7 Exhibit Exhibit 6 - Reinhardt v. Wal-Mart Stores, Inc., No 07 Civ. 8233 (SAS), 2008 WL 1781232 (S.D.N.Y. Apr. 18, 2008), # 8 Exhibit Exhibit 7 - First Amended Complaint filed in F.B.T. Productions, LLC and Em2M, LLC v. Aftermath Records et al., Case No. CV-07-03314 PSG (C.D. Cal.), # 9 Exhibit Exhibit 8, In the Matter of Mechanical and Digital Phonorecord Delivery Rate Adjustment Proceeding, Docket No. RF 2006-1 (Oct. 16, 2006) ("Copyright Office Decision"), # 10 Exhibit Exhibit 9 - Declaration of Rand Hoffman in Support of Defendants' Motion for Summary Judgment, Including Exhibits A through D (FILED UNDER SEAL), # 11 Exhibit Exhibit 10 - Declaration of Wenchan Wang in Support of Defendants' Motion for Summary Judgment, Including Exhibits E through G (FILED UNDER SEAL)) (Quick, Daniel)
May 2, 2008 Filing 33 MOTION to Compel Discovery by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Apple's Responses and Objections to Plaintiffs' First Set of Interrogatories, # 3 Exhibit B - Apple Inc's Responses and Objections to Plaintiffs' First Set of Requests for Production of Documents, # 4 Exhibit C - Aftermath Records' Responses and objections to Plaintiffs' First Set of Interrogatories, # 5 Exhibit D - Aftermath Records' Responses and Objections to Plaintiffs' First Set of Requests for Production of Documents) (Hertz, Howard)
April 29, 2008 Opinion or Order STIPULATION AND ORDER TO AMEND THE SCHEDULING ORDER: Discovery due by 6/2/2008, Dispositive Motion Cut-off set for 8/4/2008. Signed by District Judge Anna Diggs Taylor. (JCur)
April 14, 2008 Opinion or Order Filing 32 ORDER RESCHEDULING FINAL PRETRIAL/SETTLEMENT CONFERENCE AND TRIAL DATES: (Final Pretrial Conference set for 10/16/2008 09:30 AM before District Judge Anna Diggs Taylor, Settlement Conference set for 10/16/2008 09:30 AM before District Judge Anna Diggs Taylor, Bench Trial set for 11/10/2008 09:00 AM before District Judge Anna Diggs Taylor) Signed by District Judge Anna Diggs Taylor. (JCur)
April 3, 2008 Minute Entry -Motion Hearing held on 4/3/2008 re 26 MOTION for New Trial Date filed by Eight Mile Style, LLC, Martin Affiliated, LLC before Magistrate Judge Donald A Scheer. Disposition: Motion Granted. (Tape #DAS 4/3/08) (MLan)
March 31, 2008 Filing 31 STATEMENT of Resolved and Unresolved Issues by Eight Mile Style, LLC, Martin Affiliated, LLC (Yasso, Jay)
March 21, 2008 Filing 30 NOTICE of hearing on 26 MOTION for New Trial Date. Resolved/Unresolved Issues due by 4/1/2008, Motion Hearing set for 4/3/2008 02:00 PM before Honorable Donald A Scheer. (MLan)
March 20, 2008 Filing 29 REPLY to Response re 26 MOTION for New Trial Date filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Exhibit Herschel Fink, Esq. Correspondence Regarding Withdrawal of Attorneys Ankers and Honigman, # 2 Exhibit Howard King, Esq. Correspondence Regarding Withdrawal of Attorneys Ankers and Honigman) (Hertz, Howard)
March 17, 2008 Opinion or Order Filing 28 ORDER REFERRING MOTION to Magistrate Judge Donald A Scheer: 26 MOTION for New Trial Date filed by Eight Mile Style, LLC, Martin Affiliated, LLC. Signed by Honorable Anna Diggs Taylor. (JCur)
March 11, 2008 Filing 27 RESPONSE to 26 MOTION for New Trial Date filed by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A) (Quick, Daniel)
February 26, 2008 Filing 26 MOTION for New Trial Date by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Richard S. Busch, # 3 Exhibit A - Motion to Continue Trial, # 4 Exhibit B - Order, # 5 Exhibit C - Plaintiff Bridgeport Music's Inc. Motion to Reset Trial, # 6 Exhibit D - Order, # 7 Exhibit E - Proposed Scheduling Order, # 8 Exhibit F - Memoradum of Points and Authorities in Support of Plaintiffs' Motion to Reset Trial Date) (Hertz, Howard)
February 21, 2008 Filing 25 NOTICE of Withdrawal of Attorney Michael A. Lisi by Eight Mile Style, LLC, Martin Affiliated, LLC. (Lisi, Michael)
February 21, 2008 Filing 24 NOTICE of Withdrawal of Attorney Brian D. Wassom by Eight Mile Style, LLC, Martin Affiliated, LLC. (Wassom, Brian)
February 21, 2008 Filing 23 NOTICE of Withdrawal of Attorney Norman C. Ankers by Eight Mile Style, LLC, Martin Affiliated, LLC. (Ankers, Norman)
February 20, 2008 Filing 22 NOTICE of Appearance by Jay G. Yasso on behalf of Eight Mile Style, LLC, Martin Affiliated, LLC. (Yasso, Jay)
February 20, 2008 Filing 21 NOTICE of Appearance by Howard Hertz on behalf of Eight Mile Style, LLC, Martin Affiliated, LLC. (Hertz, Howard)
January 8, 2008 Filing 20 PROPOSED SCHEDULING ORDER: Final Pretrial Conference set for 9/18/2008 09:30 AM before Honorable Anna Diggs Taylor, Settlement Conference set for 9/18/2008 09:30 AM before Honorable Anna Diggs Taylor, Bench Trial set for 10/14/2008 09:00 AM before Honorable Anna Diggs Taylor, Dispositive Motion Cut-off set for 7/16/2008, Discovery due by 5/16/2008 Signed by Honorable Anna Diggs Taylor. (Refer to image for additional dates) (JCur)
December 19, 2007 Opinion or Order Filing 19 ORDER Denying Defendants' 11 Motion to Transfer Venue. Signed by Honorable Anna Diggs Taylor. (JCur)
December 10, 2007 Minute Entry - Motion Hearing held on 12/10/2007 re 11 MOTION to Transfer Case filed by Apple Computer, Incorporated - before Honorable Anna Diggs Taylor. Disposition: DENIED (order to be presented) (Court Reporter Leann Lizza 313-965-7510) (JCur)
November 15, 2007 Filing 18 NOTICE of Appearance by Kelly M. Klaus on behalf of Aftermath Records d/b/a Aftermath Entertainment, Apple Inc.. (Klaus, Kelly)
November 7, 2007 Filing 17 NOTICE of hearing on 11 MOTION to Transfer Case DEFENDANTS' MOTION TO TRANSFER VENUE AND BRIEF IN SUPPORT THEREOF. Motion Hearing set for 12/10/2007 09:00 AM before Honorable Anna Diggs Taylor. (MCar, )
October 22, 2007 Filing 16 EXHIBIT B Filed Under Seal Attached to Defendants' Reply Brief in Support of Motion to Transfer Venue (JCre)
October 19, 2007 Filing 15 REPLY to Response re 11 MOTION to Transfer Case DEFENDANTS' MOTION TO TRANSFER VENUE AND BRIEF IN SUPPORT THEREOF filed by all defendants. (Attachments: # 1 Index of Exhibits to Defendants' Reply Brief in Support of Motion to Transfer Venue# 2 Exhibit A Defendants' Answer to Complaint# 3 Exhibit B Filed Under Seal) (Quick, Daniel)
October 17, 2007 Opinion or Order Filing 14 STIPULATION AND ORDER removing Exhibit 4 from the docket and placing it under seal re 13 Response to Motion,, Signed by Honorable Anna Diggs Taylor. (ATee)
October 9, 2007 Filing 13 RESPONSE to 11 MOTION to Transfer Case DEFENDANTS' MOTION TO TRANSFER VENUE AND BRIEF IN SUPPORT THEREOF filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits # 2 Exhibit 1 - Declaration of Richards S. Busch# 3 Exhibit 2 - USDC for the Eastern District of Michigan Complaint# 4 Exhibit 3 - USDC for the Central District of California Complaint# 5 Exhibit 4 - 10/16/07 Removed and placed under seal Excerpts of Mastertone License Agreement# 6 Exhibit 5 - Excerpts of 2006 Annual State of the Court Message# 7 Exhibit 7 - 2007 Annual State of the Court Message) (Ankers, Norman) Modified on 10/17/2007 (Teets, A.).
September 26, 2007 Filing 12 EXHIBIT Attached to re 11 MOTION to Transfer Case DEFENDANTS' MOTION TO TRANSFER VENUE AND BRIEF IN SUPPORT THEREOF by all defendants (Attachments: # 1 Exhibit A: Article regarding Eight Mile Style dated August 11, 2002# 2 Exhibit B: First Amended Complaint for Breach of Contract; Declaratory Judgment, Jury Demand# 3 Exhibit C: Michigan Dept. of Consumer and Industry Services Fiing Endorsement of Eight Mile Styles, LLC filed March 10, 2000# 4 Exhibit D: Michigan Dept. of Labor & Economic Growth Bureau of Commercial Services Annual Statement for Martin Affiliated LLC# 5 Exhibit E: Michigan Dept. of Consumer and Industry Services Filing Endorsement of Eight Mile Style, LLC filed December 8, 2000# 6 Exhibit F: Michigan Dept. of Consumer and Industry Services Filing Endorsement of Martin Affiliated, LLC filed September 4, 2002# 7 Exhibit G: Complaint and Demand for Trial by Jury filed February 20, 2004# 8 Exhibit H: Letter to Paul Rosenberg dated March 9, 1998# 9 Exhibit I: Letter to Marshall B. Mathers, III, dated July 2, 2003# 10 Exhibit J: Table C-5 U.S. District Courts - Median Time Intervals From Filing to Disposition of Civil Cases Ending September 30, 2006# 11 Exhibit K: Table C-5 U.S. District Courts - Median Time Intervals From Filing to Disposition of Civil Cases Ending September 30, 2005) (Quick, Daniel)
September 21, 2007 Filing 11 MOTION to Transfer Case DEFENDANTS' MOTION TO TRANSFER VENUE AND BRIEF IN SUPPORT THEREOF by all defendants. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12) (Quick, Daniel)
September 14, 2007 Filing 10 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Apple Computer, Incorporated (Quick, Daniel)
September 14, 2007 Filing 9 ANSWER to Complaint with Affirmative Defenses by all defendants. (Quick, Daniel)
September 7, 2007 Filing 8 STIPULATED ORDER PERMITTING INTERVENTION AND EXTENDING TIME TO RESPOND TO PLAINTIFFS' 1 COMPLAINT: Responses due by 9/14/2007 - Signed by Honorable Anna Diggs Taylor. (JCur)
August 8, 2007 Filing 7 NOTICE of Appearance by Richard S. Busch on behalf of all plaintiffs. (Busch, Richard)
August 1, 2007 Filing 6 NOTICE of Appearance by Brian D. Wassom on behalf of all plaintiffs. (Wassom, Brian)
July 31, 2007 Filing 5 NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 issued to attorney Norman C. Ankers re 4 Statement of Disclosure of Corporate Affiliations (DHam)
July 31, 2007 Filing 4 FIRST AMENDED STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Eight Mile Style, LLC, Martin Affiliated, LLC (DHam)
July 30, 2007 Filing 3 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Eight Mile Style, LLC, Martin Affiliated, LLC (PPau)
July 30, 2007 Filing 2 Copyright Report Sent To Washington (PPau)
July 30, 2007 Filing 1 COMPLAINT filed by Eight Mile Style, LLC, Martin Affiliated, LLC against Apple Computer, Incorporated, Receipt No: 560226 - Fee: $ 350. (Attachments: # 1 Document Continuation # 2 Document Continuation # 3 Document Continuation # 4 Document Continuation # 5 Document Continuation # 6 Document Continuation) (PPau)

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Search for this case: Eight Mile Style, LLC et al v. Apple Computer, Incorporated
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Plaintiff: Eight Mile Style, LLC
Represented By: Jay G. Yasso
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Plaintiff: Martin Affiliated, LLC
Represented By: Jay G. Yasso
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Defendant: Apple Computer, Incorporated
Represented By: Daniel D. Quick
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Defendant: Aftermath Records
Represented By: Daniel D. Quick
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