Virgin Records America, Inc v. Thomas Featured Case

Jury verdict in favor of RIAA - $222,000 judgment against Minnesota woman for making music files available via Kazaa, despite her denials of doing so.

Plaintiff: UMG Recordings, Inc, Warner Bros Records Inc, Virgin Records America, Inc, Capitol Records, Inc, Sony BMG Music Entertainment, Arista Records LLC and Interscope Records
Intervenor: United States of America
Defendant: Jammie Thomas
 
Case Number: 0:2006cv01497
Filed: April 19, 2006
 
Court: Minnesota District Court
Office: DMN Office
County: Crow Wing
Presiding Judge: Unassigned
 
Nature of Suit: Other
Cause of Action: 17:501 Copyright Infringement
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
October 4, 2007 100
SPECIAL JURY VERDICT FORM. (RJL)
October 4, 2007 101
Minute Entry for proceedings held before Judge Michael J. Davis : Jury Trial completed on 10/4/2007. (Court Reporter Lori Simpson) (kmw)
October 4, 2007 102
No. 1 JURY QUESTION(s). (RJL)
October 4, 2007 103
ANSWER OF THE COURT TO JURY QUESTION #1. (RJL)
October 4, 2007 104
No. 2 JURY QUESTION(s). (RJL)
October 4, 2007 105
ANSWER OF THE COURT TO JURY QUESTION #2. (RJL)
October 5, 2007 106 Featured Case
VACATED PER ORDER DATED 09/23/2004 JUDGMENT in favor of Capitol Records, Inc against Jammie Thomas; in favor of Sony BMG Music Entertainment against Jammie Thomas; in favor of Arista Records LLC against Jammie Thomas; in favor of Interscope Records against Jammie Thomas; in favor of Warner Bros Records Inc against Jammie Thomas; in favor of UMG Recordings, Inc against Jammie Thomas. Signed by Judge Michael J. Davis on 10/5/07. (Attachments: # 1 Civil Notice - appeal # 2 Civil-8th Circuit Pre-Hearing Conference Notice)(RJL) Modified on 9/25/2008 (jz).
October 12, 2007 107
NOTICE OF WITHDRAWAL FROM CASE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc (Coates, Laura)
October 12, 2007 108
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 107 Notice of Withdrawal from Case and Substitution of Counsel (Coates, Laura)
October 15, 2007 109
MOTION for New Trial or in the Alternative, for Remittitur by Jammie Thomas. (Toder, Brian)
July 26, 2006 10
Minute Entry for proceedings held before Chief Magistrate Judge Raymond L Erickson : Initial Pretrial Conference held on 7/26/2006. Pretrial Order to be issued. (RJL)
October 15, 2007 110
Declaration of Brian N. Toder in Support of 109 MOTION for New Trial or in the Alternative, for Remittitur filed by Jammie Thomas. (Attachments: # 1 Exhibit(s) 1)(Toder, Brian) Modified on 10/16/2007 (jc).
October 15, 2007 111
CERTIFICATE OF SERVICE by Jammie Thomas re 110 Declaration in Support, 109 MOTION for New Trial or in the Alternative, for Remittitur (Toder, Brian)
October 18, 2007 112
NOTICE by Jammie Thomas Notice of Constitutional Question (Attachments: # 1 Certificate of Service)(Toder, Brian)
October 19, 2007 113
MOTION for Admission Pro Hac Vice for Adam Kirschner by United States of America. (Brooker, Gregory)
October 19, 2007 114
MOTION to Extend Time to Determine if Intervention is Appropriate by United States of America. (Brooker, Gregory)
October 19, 2007 115
CERTIFICATE OF SERVICE by United States of America re 114 MOTION to Extend Time to Determine if Intervention is Appropriate, 113 MOTION for Admission Pro Hac Vice for Adam Kirschner (Brooker, Gregory)
October 19, 2007 116
MOTION to Amend/Correct Judgment by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Walker, Mary)
October 19, 2007 117
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 116 MOTION to Amend/Correct Judgment (Walker, Mary)
October 23, 2007 118 Featured Case
ORDER granting 114 Motion to Extend to Determine If Intervention is Appropriate. Signed by Judge Michael J. Davis on 10/23/07. (KMW)
October 25, 2007 119
MOTION for Extension of Time to File Response/Reply as to 109 MOTION for New Trial or in the Alternative, for Remittitur by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Walker, Mary)
July 26, 2006 11
PRETRIAL ORDER: Amended Pleadings due by 10/26/2006. Discovery due by 3/1/2007. Motions (non-disp) due 4/1/2007. Motions (disp) due by 5/1/2007. Ready for trial due by 7/1/2007. Signed by Chief Magistrate Judge Raymond L Erickson on 7/26/06. (SEA)
October 25, 2007 120
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 119 MOTION for Extension of Time to File Response/Reply as to 109 MOTION for New Trial or in the Alternative, for Remittitur. (Walker, Mary) Modified on 10/26/2007 (jc).
October 29, 2007 121 Featured Case
ORDER granting 119 Motion for Extension of Time to File Response/Reply. Responses due by 11/8/2007. Signed by Judge Michael J. Davis on 10/29/07. (kmw)
November 8, 2007 122
RESPONSE in Opposition re 119 MOTION for Extension of Time to File Response/Reply as to 109 MOTION for New Trial or in the Alternative, for Remittitur MOTION for Extension of Time to File Response/Reply as to 109 MOTION for New Trial or in the Alternative, for Remittitur filed by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Walker, Mary)
November 8, 2007 123
EXHIBIT re 122 Response in Opposition to Motion, for New Trial, or in The Alternative, for Remittitur by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc filed by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Walker, Mary)
November 8, 2007 124
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 123 Exhibit, 122 Response in Opposition to Motion, for New Trial, or in The Alternative, for Remittitur (Walker, Mary)
November 8, 2007 125
LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 122 Response in Opposition to Motion,. (Walker, Mary)
November 8, 2007 126
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 125 LR7.1 Word Count Compliance Certificate Regarding Plaintiffs' Response in Opposition to Defendant's Motion for New Trial, or in The Alternative, for Remittitur (Walker, Mary)
November 16, 2007 127
RESPONSE re 116 MOTION to Amend/Correct Judgment filed by Jammie Thomas. (Attachments: # 1 Certificate of Service)(Toder, Brian)
November 27, 2007 128
REPLY re 122 Response in Opposition to Motion, Defendant's Reply to Plaintiffs' Response (Dkt. 122) filed by Jammie Thomas. (Attachments: # 1 Certificate of Service)(Toder, Brian)
December 3, 2007 129
MOTION to Intervene to Defend the Constitutionality of a Federal Statute by United States of America. (Kirschner, Adam)
July 31, 2006 12
SUMMONS Returned Executed by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. Jammie Thomas served on 5/1/2006, answer due 5/21/2006. (Coates, Laura)
December 3, 2007 130
MEMORANDUM by United States of America re 129 MOTION to Intervene to Defend the Constitutionality of a Federal Statute filed by United States of America. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Kirschner, Adam)
December 6, 2007 131
MOTION for Leave to File Surreply re Defendant's Motion for New Trial, or in the Alternative, for Remittitur by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Walker, Mary)
December 6, 2007 132
SURREPLY re 131 MOTION for Leave to File Surreply re Defendant's Motion for New Trial, or in the Alternative, for Remittitur and 109 MOTION for New Trial or in the Alternative, for Remittitur filed by plaintiffs (Walker, Mary) Modified text on 12/6/2007 (dch).
December 6, 2007 133
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 131 MOTION for Leave to File Surreply re Defendant's Motion for New Trial, or in the Alternative, for Remittitur, 132 Reply, SURREPLY (Walker, Mary)
December 6, 2007 134 Featured Case
ORDER granting 129 Motion to Intervene (Written Opinion). Signed by Judge Michael J. Davis on December 6, 2007. (SMS)
December 10, 2007 135 Featured Case
ORDER granting 131 Motion for Leave to File. Signed by Judge Michael J. Davis on December 10, 2007. (SMS)
January 28, 2008 136
Minute Entry for proceedings held before Judge Michael J. Davis: Status Conference held on 1/28/2008. (Court Reporter Ron Moen) (kmw)
March 14, 2008 137
NOTICE of Supplemental Authority by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 122 Response in Opposition to Motion (Attachments: # 1 Exhibit A to Notice of Supplemental Authority)(Walker, Mary) Modified on 3/17/2008 (jz).
March 14, 2008 138
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 137 Notice of Supplemental Authority) (Walker, Mary) Modified on 3/17/2008 (jz).
May 15, 2008 139 Featured Case
ORDER FOR ORAL ARGUMENT ON 7/1/08 IN DULUTH, MN AND ADDITIONAL BRIEFING SCHEDULE. Signed by Judge Michael J. Davis on 5/15/08. (kmw)
November 16, 2006 13
MOTION to Withdraw as Attorney Michelle A. Paninopoulos by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Boyd, Felicia)
May 19, 2008 140
Joint MOTION to Extend Briefing Deadlines and Reset Oral Argument Date by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Jammie Thomas, Capitol Records, Inc. (Gabriel, Richard)
May 19, 2008 141
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 140 Joint MOTION to Extend Briefing Deadlines and Reset Oral Argument Date (Gabriel, Richard)
May 20, 2008 142 Featured Case
ORDER granting 140 Motion to Extend the Briefing Schedule. Oral argument scheduled for 8/4/08 at 10:00 a.m. in Courtroom 1 in Duluth. Signed by Judge Michael J. Davis on 5/20/08. (kmw) Modified text on 5/20/2008 (kt).
May 20, 2008 143 Featured Case
ORDER stating Procedures for filing amicus briefs in this matter. Signed by Judge Michael J. Davis on 5/20/08. (kmw)
May 30, 2008 144
NOTICE of Withdrawal of Richard Gabriel as Attorney Due to Judicial Appointment (Attachments: # 1 Certificate of Service)(Gabriel, Richard) Modified text on 6/2/2008 (kt).
June 5, 2008 145
MOTION for Admission Pro Hac Vice for Corynne McSherry by Electronic Frontier Foundation. (Hughey, Rachel)
June 5, 2008 146
CERTIFICATE OF SERVICE by Electronic Frontier Foundation re 145 MOTION for Admission Pro Hac Vice for Corynne McSherry (Hughey, Rachel)
June 5, 2008 147
MOTION to Extend Briefing Schedule by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Reynolds, Timothy)
June 5, 2008 148
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 147 MOTION to Extend Briefing Schedule (Reynolds, Timothy)
June 9, 2008 149 Featured Case
ORDER granting 147 Motion to Extend the briefing schedule. Signed by Judge Michael J. Davis on 6/6/08. (kmw)
February 28, 2007 14
MOTION to Amend/Correct 11 Scheduling Order by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura)
June 13, 2008 150
NOTICE of Appearance by Prentiss E Cox on behalf of Copyright law professors Amici (Cox, Prentiss) Modified text on 6/16/2008 (jdf).
June 13, 2008 151
MOTION for Leave to File Amici Brief and For Extension of Time to File by Copyright law professors Amici. (Cox, Prentiss) Modified text on 6/16/2008 (jdf).
June 13, 2008 152
BRIEF re 151 MOTION for Leave to File Amici Brief and For Extension of Time to File. (Cox, Prentiss)
June 16, 2008 153
CERTIFICATE OF SERVICE of 151 MOTION, 152 BRIEF by Copyright law professors (Cox, Prentiss) Modified text and links on 6/17/2008 (kt).
June 16, 2008 154
CERTIFICATE OF SERVICE by Copyright law professors of proposed order (Cox, Prentiss)
June 19, 2008 155
Amended MOTION for Leave to File a Brief Amici Curiae by Copyright law professors. (Cox, Prentiss)
June 19, 2008 156
CERTIFICATE OF SERVICE by Copyright law professors re 155 Amended MOTION for Leave to File a Brief Amici Curiae (Cox, Prentiss)
June 19, 2008 157
DOCUMENT FILED IN ERROR: WILL REFILE AS SEPARATE DOCUMENTS. MOTION for Leave to File a Brief Amicus Curiae by The Intellectual Property Institute at William Mitchell College of Law. (Attachments: # 1 Certificate of Service Certificate of Service, # 2 Exhibit(s) Brief Amicus Curiae, # 3 Errata Certificate of Compliance with Court Ordered Wordcount)(Christensen, Carl) Modified text on 6/20/2008 (kt).
June 19, 2008 158
MOTION for Admission Pro Hac Vice for Eleanor M. Lackman by Motion Picture Association of America, Inc.. (van Uitert, Marie)
June 19, 2008 159
MOTION for Admission Pro Hac Vice for Robert Alan Garrett by Motion Picture Association of America, Inc.. (van Uitert, Marie)
February 28, 2007 15
MEMORANDUM in Support re 14 MOTION to Amend/Correct 11 Scheduling Order filed by all plaintiffs. (Coates, Laura)
June 19, 2008 160
MOTION for Leave to File Amicus Curiae Brief by Motion Picture Association of America, Inc.. (van Uitert, Marie)
June 19, 2008 161
LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Copyright law professors re 152 Brief. (Cox, Prentiss)
June 20, 2008 162
CERTIFICATE OF SERVICE by Motion Picture Association of America, Inc. re 160 MOTION for Leave to File Amicus Curiae Brief, 159 MOTION for Admission Pro Hac Vice for Robert Alan Garrett, 158 MOTION for Admission Pro Hac Vice for Eleanor M. Lackman (van Uitert, Marie)
June 20, 2008 163
MOTION for Leave to File Brief Amici Curiae by Electronic Frontier Foundation. (Hughey, Rachel)
June 20, 2008 164
BRIEF re 163 MOTION for Leave to File Brief Amici Curiae filed by Electronic Frontier Foundation. (Hughey, Rachel)
June 20, 2008 165
LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Electronic Frontier Foundation re 164 Brief filed by Electronic Frontier Foundation. (Hughey, Rachel)
June 20, 2008 166
CERTIFICATE OF SERVICE by Electronic Frontier Foundation re 163 MOTION for Leave to File Brief Amici Curiae, 164 Brief, 165 LR7.1 Word Count Compliance Certificate (Hughey, Rachel)
June 20, 2008 167
Amended MOTION for Leave to File Amicus Curiae Brief by Motion Picture Association of America, Inc.. (van Uitert, Marie)
June 20, 2008 168
Second MOTION for Leave to File a Brief Amicus Curiae by The Intellectual Property Institute at William Mitchell College of Law. (Christensen, Carl)
June 20, 2008 169
PROPOSED BRIEF re 167 Amended MOTION for Leave to File Amicus Curiae Brief filed by Motion Picture Association of America, Inc.. (van Uitert, Marie) Modified text on 6/23/2008 (kt).
February 28, 2007 16
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 15 Memorandum in Support of Motion, 14 MOTION to Amend/Correct 11 Scheduling Order (Coates, Laura)
June 20, 2008 170
Declaration of Carl E. Christensen in Support of 168 Second MOTION for Leave to File a Brief Amicus Curiae filed by The Intellectual Property Institute at William Mitchell College of Law. (Christensen, Carl)
June 20, 2008 171
NOTICE OF HEARING ON MOTION re 168 Secnd MOTION for Leave to File a Brief Amicus Curiae : time and date to be determined. (Christensen, Carl) Modified text on 6/23/2008 (kt).
June 20, 2008 172
LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Motion Picture Association of America, Inc. re 169 Brief filed by Motion Picture Association of America, Inc.. (van Uitert, Marie)
June 20, 2008 173
CERTIFICATE OF SERVICE by Motion Picture Association of America, Inc. re 167 Amended MOTION for Leave to File Amicus Curiae Brief, 172 LR7.1 Word Count Compliance Certificate, 169 Brief (van Uitert, Marie)
June 20, 2008 174
MEMORANDUM by The Intellectual Property Institute at William Mitchell College of Law in Support re 168 Second MOTION for Leave to File a Brief Amicus Curiae filed by The Intellectual Property Institute at William Mitchell College of Law. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Christensen, Carl) Modified text on 6/23/2008 (kt).
June 20, 2008 175
CERTIFICATE OF SERVICE by The Intellectual Property Institute at William Mitchell College of Law re 171 Notice of Hearing on Motion, 168 Second MOTION for Leave to File a Brief Amicus Curiae, 174 Memorandum, (Christensen, Carl)
June 20, 2008 176
NOTICE of Appearance by Tracey Holmes Donesky on behalf of The Progress & Freedom Foundation (Attachments: # 1 Certificate of Service)(Donesky, Tracey)
June 20, 2008 177
MOTION for Leave to File Amicus Curiae Brief by Thomas D. Sydnor by The Progress & Freedom Foundation. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Donesky, Tracey)
June 20, 2008 178
BRIEF re 177 MOTION for Leave to File Amicus Curiae Brief by Thomas D. Sydnor of The Progress & Freedom Foundation and Opposing 109 MOTION for New Trial filed by The Progress & Freedom Foundation. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Donesky, Tracey) Modified text on 6/23/2008 (kt).
June 20, 2008 179
CERTIFICATE OF SERVICE by The Progress & Freedom Foundation re 178 Brief, 177 MOTION for Leave to File Amicus Curiae Brief by Thomas D. Sydnor of The Progress & Freedom Foundation (Donesky, Tracey)
March 6, 2007 17 Featured Case
ORDER That the Stipulated Motion To Amend Pretrial Scheduling Order Or In The Alternative For A Rule 16 Conference 14 is APPROVED, and the Pretrial Order dated July 26, 2006, shall be amended as follows: Discovery due by 5/1/2007. Motions (non-disp) due 6/1/2007. Motions (disp) due by 7/1/2007. Ready for trial due by 8/1/2007. Signed by Chief Magistrate Judge Raymond L. Erickson on 03/06/2007. (jc) Modified text on 3/7/2007 (jc).
June 30, 2008 180
BRIEF (SUPPLEMENTAL) OF PLAINTIFFS PURSUANT TO MAY 15, 2008 ORDER. (Reynolds, Timothy)
June 30, 2008 181
LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 180 Brief. (Reynolds, Timothy)
June 30, 2008 182
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 181 LR7.1 Word Count Compliance Certificate, 180 Brief (Supplemental) (Reynolds, Timothy)
June 30, 2008 183
SECOND MEMORANDUM in Support re 109 MOTION for New Trial or in the Alternative, for Remittitur filed by Jammie Thomas. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Toder, Brian) Modified text on 7/1/2008 (kt).
June 30, 2008 184
NOTICE regarding the Court's Order for further briefing by United States of America re 139 Order (Kirschner, Adam) Modified text on 7/1/2008 (kt).
June 30, 2008 185
AMENDED LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 180 Brief. (Reynolds, Timothy) Modified on 7/1/2008 (kt).
July 2, 2008 186 Featured Case
ORDER granting 155 Motion for Leave to File Brief Amici Curiae of Copyright Law Professors in Support of Defendant; granting 163 Motion for Leave to File a Brief Amici Curiae of Electronic Frontier Foundation, Public Knowledge, United States Internet Industry Association, and Computer & Communications Industry Association in Support of Defendant; granting motion of 167 Motion Picture Association of America, Inc. for Leave to File Amicus Curiae Brief and participate in oral argument; granting 168 Motion for Leave to File a Brief Amicus Curiae by the Intellectual Property Institute of William Mitchell College of Law; granting 177 Motion for Leave to File a Brief Amicus Curiae by Thomas D. Sydnor of the Progress & Freedom Foundation. Signed by Chief Judge Michael J. Davis on July 2, 2008. (SMS)
July 11, 2008 187
BRIEF PLAINTIFFS' REPLY BRIEF PURSUANT TO MAY 15, 2008 ORDER. (Reynolds, Timothy)
July 11, 2008 188
LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 187 Brief. (Reynolds, Timothy)
July 11, 2008 189
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 188 LR7.1 Word Count Compliance Certificate, 187 Brief (Reynolds, Timothy)
March 12, 2007 18
MOTION for Admission Pro Hac Vice for Andrew B. Mohraz by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura) Modified on 3/13/2007 - corrected filing date (MMC).
July 11, 2008 190
REPLY to Response to Motion re 109 MOTION for New Trial or in the Alternative, for Remittitur filed by Jammie Thomas. (Toder, Brian)
July 11, 2008 191
LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Jammie Thomas re 190 Reply to Response to Motion filed by Jammie Thomas. (Toder, Brian)
July 11, 2008 192
CERTIFICATE OF SERVICE by Jammie Thomas re 191 LR7.1 Word Count Compliance Certificate, 190 Reply to Response to Motion (Toder, Brian)
July 31, 2008 193
MOTION for Admission Pro Hac Vice for Donald Verrilli, Jr. by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Walker, Mary)
July 31, 2008 194
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 193 MOTION for Admission Pro Hac Vice for Donald Verrilli, Jr. (Walker, Mary)
August 4, 2008 195
Minute Entry for proceedings held before Chief Judge Michael J. Davis: Motion Hearing held on 8/4/2008 re 116 MOTION to Amend/Correct Judgment filed by Plaintiffs, 109 MOTION for New Trial or in the Alternative, for Remittitur filed by Jammie Thomas. Motions were moved, argued and taken under advisement. An order to follow. (Court Reporter Lori Simpson) (mjds)
August 26, 2008 196
NOTICE of Appearance by Rachel C Hughey on behalf of Electronic Frontier Foundation (Attachments: # 1 Certificate of Service)(Hughey, Rachel)
September 24, 2008 197 Featured Case
ORDER GRANTING 109 Motion for New Trial and DENYING 116 Motion to Amend/Correct. The Judgment on 10/5/07 106 is VACATED. The Court hereby VACATES the verdict rendered in this case by the jury and grants Defendant a new trial to commence on a date to be set by the Court after consultation by the parties. Signed by Chief Judge Michael J. Davis on 9/24/08. (kmw)
October 14, 2008 198
MOTION TO CERTIFY 197 Order on Motion for New Trial, Order on Motion to Amend/Correct for Interlocutory Appeal and for Stay of Proceedings Pending Appeal by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Reynolds, Timothy) Modified text on 10/31/2008 (akl).
October 14, 2008 199
MEMORANDUM by all plaintiffs In Support of Motion to Certify September 24 Order for Interlocutory Appeal and for Stay of Proceedings Pending Appeal filed by all plaintiffs. (Attachments: # 1 Exhibit(s) A Order denying Motion to Reconsider re Maverick Recording Co. v. Harper)(Reynolds, Timothy)
March 12, 2007 19
MOTION for Admission Pro Hac Vice for Timothy M. Reynolds by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura) Modified on 3/13/2007 - corrected filing date (MMC).
April 19, 2006 1
COMPLAINT against Jammie Thomas ( Filing fee $ 350 receipt number 4002992.) assigned to Judge Michael J. Davis per 5th Division Master (Copyright) list and referred to Magistrate Judge Raymond L. Erickson (06XV185)., filed by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B Part 1# 3 Exhibit B Part 2# 4 Exhibit B Part 3# 5 Exhibit B Part 4# 6 Exhibit B Part 5# 7 Civil Cover Sheet)(RJL)
October 14, 2008 200
LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by all plaintiffs re 199 Memorandum, filed by all plaintiffs. (Reynolds, Timothy)
October 14, 2008 201
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 198 Notice of Interlocutory Appeal, Motion to Certify September 24 Order; (199) Memorandum In Support of Motion to Certify September 24 Order; and (200) LR 7.1 Word Count Compliance Certificate (Reynolds, Timothy)
October 29, 2008 202
JURY TRIAL NOTICE. Jury Trial is set for 3/9/2009 09:00 AM in Duluth - Courtroom 1 before Chief Judge Michael J. Davis. Please read the trial notice for all deadlines and due dates. (kmw)
October 30, 2008 203
Joint MOTION for Order to Set Briefing Schedule by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Jammie Thomas, Capitol Records, Inc. (Reynolds, Timothy)
October 30, 2008 204
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Jammie Thomas, Capitol Records, Inc re 203 Joint MOTION for Order to Set Briefing Schedule (Reynolds, Timothy)
October 31, 2008 205 Featured Case
ORDER granting 203 Motion for Order for Stipulated Briefing Schedule. Signed by Chief Judge Michael J. Davis on 10/31/08. (kmw)
November 11, 2008 206
MEMORANDUM in Opposition re 198 MOTION for Order to filed by Jammie Thomas. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Toder, Brian)
November 11, 2008 207
CERTIFICATE OF SERVICE by Jammie Thomas re 206 Memorandum in Opposition to Motion (Toder, Brian)
November 24, 2008 208
RESPONSE in Support re 198 MOTION for Order to Certify September 24 Order for Interlocutory Appeal and for Stay of Proceedings Pending Appeal filed by all plaintiffs. (Reynolds, Timothy)
November 24, 2008 209
LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 208 Response in Support of Motion. (Reynolds, Timothy)
March 14, 2007 20 Featured Case
ORDER re: Filing Date Correction. Signed by Judge James M. Rosenbaum on 3/14/07. (RJL)
November 24, 2008 210
CERTIFICATE of Service re 208 Response in Support of Motion, 209 LR7.1 Word Count Compliance Certificate, Service of Documents by Timothy M Reynolds on behalf of Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Reynolds, Timothy) Modified on 11/24/2008 (jz).
December 23, 2008 211 Featured Case
ORDER DENYING Plaintiff's Motion to Certify September 24 Order for Interlocutory Appeal and for Stay of Proceedings Pending Appeal 198 . Signed by Chief Judge Michael J. Davis on 12/23/08. (GRR)
January 12, 2009 212
MOTION to Withdraw Notice of Appeal by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Reynolds, Timothy)
January 12, 2009 213
CERTIFICATE of Service re: 212 Motion to Withdraw Notice of Appeal by Timothy M Reynolds on behalf of Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Reynolds, Timothy) Modified on 1/13/2009 (jz).
January 26, 2009 214
MOTION for Extension of Time to Complete Discovery Defendant's Motion for Extension of Discovery Schedule by Jammie Thomas. (Toder, Brian)
January 26, 2009 215
NOTICE OF HEARING ON MOTION 214 MOTION for Extension of Time to Complete Discovery Defendant's Motion for Extension of Discovery Schedule : Motion Hearing set for 2/12/2009 01:30 PM in Duluth - Courtroom 3 before Chief Mag. Judge Raymond L. Erickson. (Toder, Brian)
January 26, 2009 216
MEMORANDUM in Support re 214 MOTION for Extension of Time to Complete Discovery Defendant's Motion for Extension of Discovery Schedule filed by Jammie Thomas. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Toder, Brian)
January 26, 2009 217
CERTIFICATE OF SERVICE by Jammie Thomas re 214 MOTION for Extension of Time to Complete Discovery Defendant's Motion for Extension of Discovery Schedule, 215 Notice of Hearing on Motion, 216 Memorandum in Support of Motion (Toder, Brian)
January 30, 2009 218
NOTICE of Filing of Official Transcript. A total of 4 transcripts are associated with this filing. (Simpson, Lori)
January 30, 2009 219
TRANSCRIPT of Jury Voir Dire Proceedings held on 10/02/2007 before Chief Judge Michael J. Davis. (50 pages). Court Reporter: Lori Simpson (E-mail: Lori_Simpson@mnd.uscourts.gov. Telephone: (612) 664-5104). (Simpson, Lori)
May 1, 2007 21
MOTION to Amend/Correct 17 Scheduling Order, by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura)
January 30, 2009 220
TRANSCRIPT of Trial, Volume I, held on 10/02/2007 before Chief Judge Michael J. Davis. (228 pages). Court Reporter: Lori Simpson (E-mail: Lori_Simpson@mnd.uscourts.gov. Telephone: (612) 664-5104). Redaction Request due 2/20/2009. Redacted Transcript Deadline set for 3/2/2009. Release of Transcript Restriction set for 4/30/2009. For information on redaction procedures, please review Local Rule 5.5. (Simpson, Lori)
January 30, 2009 221
TRANSCRIPT of Trial, Volume II, held on 10/03/2007 before Chief Judge Michael J. Davis. (265 pages). Court Reporter: Lori Simpson (E-mail: Lori_Simpson@mnd.uscourts.gov. Telephone: (612) 664-5104). Redaction Request due 2/20/2009. Redacted Transcript Deadline set for 3/2/2009. Release of Transcript Restriction set for 4/30/2009. For information on redaction procedures, please review Local Rule 5.5. (Simpson, Lori)
January 30, 2009 222
TRANSCRIPT of Trial, Volume III, held on 10/04/2007 before Chief Judge Michael J. Davis. (100 pages). Court Reporter: Lori Simpson (E-mail: Lori_Simpson@mnd.uscourts.gov. Telephone: (612) 664-5104). Redaction Request due 2/20/2009. Redacted Transcript Deadline set for 3/2/2009. Release of Transcript Restriction set for 4/30/2009. For information on redaction procedures, please review Local Rule 5.5. (Simpson, Lori)
February 5, 2009 223
RESPONSE in Opposition re 214 MOTION for Extension of Time to Complete Discovery Defendant's Motion for Extension of Discovery Schedule filed by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Attachments: # 1 Exhibit(s) A: Email dated 2/26/07 from Defendant's counsel to Plaintiffs' counsel regarding Expert Witness Eric Stanley and his report, # 2 Exhibit(s) B: Eric Stanley's Affidavit and Expert Report and Curriculum Vitae, # 3 Exhibit(s) C: Printout of "freejammie.com" dated 10/13/07)(Reynolds, Timothy)
February 5, 2009 224
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 223 Plaintiffs' Response in Opposition to Defendant's Motion for Extension of Discovery Schedule (Reynolds, Timothy)
February 6, 2009 225
MOTION to Continue Defendant's Unopposed Motion to Continue Trial Date by Jammie Thomas. (Attachments: # 1 Certificate of Service)(Toder, Brian)
February 9, 2009 226 Featured Case
ORDER granting 225 Motion to Continue. The new trial date shall be Monday, May 11, 2009 beginning at 9:00 a.m. in Duluth, MN. The parties shall appear for a settlement conference on March 30, 2009 and March 31, 2009 in Minneapolis MN before Chief Judge Davis. Signed by Chief Judge Michael J. Davis on 2/9/09. (kmw)
February 9, 2009 227
***TEXT ONLY ENTRY*** AMENDED JURY TRIAL NOTICE. Jury Trial set for 5/11/2009 at 9:00 AM in Duluth - Courtroom 1 before Chief Judge Michael J. Davis. Please read the trial notice for updated due dates and deadlines. (kmw)
February 12, 2009 228
Minute Entry for proceedings held before Chief Mag. Judge Raymond L. Erickson: Motion Hearing held on 2/12/2009. Hearing on the Defendant's Motion to Extend Discovery 214 . Motions taken under advisement as of: February 12, 2009. Order to be issued. (jz)
February 12, 2009 229 Featured Case
ORDER That the Defendant's Motion for Extension of Discovery Schedule 214 is GRANTED, and the Defendant shall have seven (7) days after the date of this Order to disclose the expert opinions of Dr. Kim, in accordance with Rule 26(a)(2), Federal Rules of Civil Procedure. Signed by Chief Mag. Judge Raymond L. Erickson on 02/12/2009. (jz)
May 1, 2007 22
MEMORANDUM in Support re 21 MOTION to Amend/Correct 17 Scheduling Order, filed by all plaintiffs. (Coates, Laura)
February 19, 2009 230
MOTION to Extend Defendant's Motion for Additional Time to Serve Her Expert's Report by Jammie Thomas. (Toder, Brian)
February 19, 2009 231
NOTICE OF HEARING ON MOTION 230 MOTION to Extend Defendant's Motion for Additional Time to Serve Her Expert's Report : Motion Hearing set for 3/19/2009 10:00 AM in Courtroom 3 (DUL) before Chief Mag. Judge Raymond L. Erickson. (Toder, Brian)
February 19, 2009 232
Declaration of Brian N. Toder in Support of 230 MOTION to Extend Defendant's Motion for Additional Time to Serve Her Expert's Report filed by Jammie Thomas. (Toder, Brian)
February 19, 2009 233
CERTIFICATE OF SERVICE by Jammie Thomas re 232 Declaration in Support, 230 MOTION to Extend Defendant's Motion for Additional Time to Serve Her Expert's Report, 231 Notice of Hearing on Motion, (Toder, Brian)
February 24, 2009 234
MOTION to Continue Trial Date by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Reynolds, Timothy)
February 24, 2009 235
CERTIFICATE OF SERVICE re: 234 Motion to Continue Trial by Timothy M Reynolds on behalf of Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Reynolds, Timothy) Modified link and text on 2/24/2009 (jz).
February 25, 2009 236 Featured Case
ORDER granting 234 Motion to Continue. The civil trial shall be continued to 6/15/09 in Duluth, MN. Signed by Chief Judge Michael J. Davis on 2/25/09. (kmw)
February 26, 2009 237
RESPONSE in Opposition re 230 MOTION to Extend Defendant's Motion for Additional Time to Serve Her Expert's Report filed by all plaintiffs. (Reynolds, Timothy)
February 26, 2009 238
CERTIFICATE OF SERVICE by all plaintiffs re 237 Response in Opposition to Motion to Extend Defendant's Motion for Additional Time to Serve Her Expert's Report (Reynolds, Timothy) Modified text on 2/27/2009 (jz).
March 2, 2009 239
NOTICE to Attorneys. A settlement conference has been scheduled before Chief Judge Davis on 3/30/09 and 3/31/09 at 9:00 a.m. in the Minneapolis, Federal Courthouse, Chambers 15E. Please read the attachment for additional information. (KMW)
May 1, 2007 23
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 21 MOTION to Amend/Correct 17 Scheduling Order,, 22 Memorandum in Support of Motion (Coates, Laura)
March 3, 2009 240
NOTICE to Withdraw 230 MOTION to Extend Defendant's Motion for Additional Time to Serve Her Expert's Report by Jammie Thomas. (Attachments: # 1 Certificate of Service)(Toder, Brian) Modified text on 3/4/2009 (jz).
March 17, 2009 241
MOTION to Withdraw as Attorney by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Verrilli, Donald)
March 31, 2009 242
AMENDED JURY TRIAL NOTICE. Jury Trial is set for 6/15/2009 09:00 AM in Duluth - Courtroom 1 before Chief Judge Michael J. Davis. Please read the trial notice for all deadlines and due dates. (kmw)
April 1, 2009 243
SETTLEMENT CONFERENCE ORDER A Settlement Conference in the above-entitled matter is set for Tuesday, May 12, 2009, at 10:00 o'clock a.m., before Chief Magistrate Judge Raymond L. Erickson, in Court Room No. 3, Gerald W. Heaney Federal Building and United States Courthouse and Customhouse, 515 W. First St., Duluth, Minnesota. Signed by Chief Mag. Judge Raymond L. Erickson on 04/01/2009. (jz)
May 12, 2009 244
Minute Entry: Settlement Conference proceedings held before Chief Mag. Judge Raymond L. Erickson on 5/12/2009. No settlement reached. (MMP)
May 15, 2009 245
Second MOTION to Withdraw as Attorney by Jammie Thomas. (Toder, Brian)
May 15, 2009 246
NOTICE OF HEARING ON MOTION 245 Second MOTION to Withdraw as Attorney : Motion Hearing set for 5/20/2009 03:30 PM in Courtroom 15E (MPLS) before Chief Judge Michael J. Davis. (Toder, Brian)
May 15, 2009 247
MEMORANDUM in Support re 245 Second MOTION to Withdraw as Attorney filed by Jammie Thomas. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Toder, Brian)
May 15, 2009 248
Declaration of Brian N. Toder in Support of 245 Second MOTION to Withdraw as Attorney filed by Jammie Thomas. (Toder, Brian) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 5/18/09. (KT)
May 15, 2009 249
Declaration of Jammie Thomas-Rasset in Support of 245 Second MOTION to Withdraw as Attorney filed by Jammie Thomas. (Toder, Brian)
May 2, 2007 24 Featured Case
ORDER The Clerk of Court is directed to strike the Motion to Amend Pretrial Scheduling Order Docket No. 21 . Motions terminated: 21 MOTION to Amend/Correct 17 Scheduling Order. Signed by Chief Magistrate Judge Raymond L. Erickson on 5/2/07. (JMH)
May 15, 2009 250
CERTIFICATE OF SERVICE by Jammie Thomas re 247 Memorandum in Support of Motion, 249 Declaration in Support, 248 Declaration in Support, 246 Notice of Hearing on Motion, 245 Second MOTION to Withdraw as Attorney. (Toder, Brian) Added punctuation on 5/18/2009 (jz).
May 15, 2009 251
AMENDED CERTIFICATE OF SERVICE by Jammie Thomas re 247 Memorandum in Support of Motion, 249 Declaration in Support, 248 Declaration in Support, 246 Notice of Hearing on Motion, 250 Certificate of Service, 245 Second MOTION to Withdraw as Attorney. (Toder, Brian) Modified text on 5/18/2009 (jz).
May 19, 2009 252
MOTION to Substitute Attorney Motion for Substitution of Counsel and Amendment of Defendant's Counsel's Second Motion to Withdraw as Counsel by Jammie Thomas. (Toder, Brian)
May 19, 2009 253
Declaration of K.A.D. Camara in Support of 252 MOTION to Substitute Attorney Motion for Substitution of Counsel and Amendment of Defendant's Counsel's Second Motion to Withdraw as Counsel filed by Jammie Thomas. (Toder, Brian)
May 19, 2009 254
Declaration of Garrett Blanchfield in Support of 252 MOTION to Substitute Attorney Motion for Substitution of Counsel and Amendment of Defendant's Counsel's Second Motion to Withdraw as Counsel filed by Jammie Thomas. (Toder, Brian)
May 19, 2009 255
CERTIFICATE OF SERVICE by Jammie Thomas re 254 Declaration in Support, 252 MOTION to Substitute Attorney Motion for Substitution of Counsel and Amendment of Defendant's Counsel's Second Motion to Withdraw as Counsel, 253 Declaration in Support. (Toder, Brian) Added punctuation on 5/20/2009 (jz).
May 20, 2009 256
AMENDED JURY TRIAL NOTICE. Jury Trial is set for 6/15/2009 09:00 AM in Duluth - Courtroom 1 before Chief Judge Michael J. Davis. Please read the trial notice for all deadlines and due dates, including additional items that are highlighted in the notice. (kmw)
May 20, 2009 257
Minute Entry for proceedings held before Chief Judge Michael J. Davis: Motion Hearing held on 5/20/2009 re 252 MOTION to Substitute Attorney Motion for Substitution of Counsel and Amendment of Defendant's Counsel's and Second Motion to Withdraw as Counsel filed by Jammie Thomas, 245 Second MOTION to Withdraw as Attorney filed by Jammie Thomas. Motions were moved, argued and granted. Order to follow. (Court Reporter Lori Simpson) (kmw)
May 20, 2009 258 Featured Case
ORDER. THEREFORE, IT IS ORDERED: Good cause having been shown, the motion of Brian N. Toder to withdraw as counsel 245 and to permit substitution of counsel 252 is granted. Signed by Chief Judge Michael J. Davis on 5/20/09. (GRR)
May 22, 2009 259
AMENDED Minute Entry for proceedings held before Chief Judge Michael J. Davis: Motion Hearing held on 5/20/2009 re 252 MOTION to Substitute Attorney Motion for Substitution of Counsel and Amendment of Defendant's Counsel's and Second Motion to Withdraw as Counsel filed by Jammie Thomas, 245 Second MOTION to Withdraw as Attorney filed by Jammie Thomas. Motions were moved, argued and granted. Order to follow. (Court Reporter Lori Simpson) (kmw)
May 3, 2007 25
MOTION to Amend/Correct 17 Scheduling Order, by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura)
May 22, 2009 260 Featured Case
ORDER FOR PRETRIAL CONFERENCE AND MOVING LOCATION OF THE JURY TRIAL. Signed by Chief Judge Michael J. Davis on 05/22/09. (kmw)
June 1, 2009 261
Witness List by Jammie Thomas. (Blanchfield, Garrett)
June 1, 2009 262
Proposed Voir Dire by Jammie Thomas. (Blanchfield, Garrett)
June 1, 2009 263
MOTION to Suppress Evidence by Jammie Thomas. (Blanchfield, Garrett)
June 1, 2009 264
MEMORANDUM in Support re 263 MOTION to Suppress Evidence filed by Jammie Thomas. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Blanchfield, Garrett)
June 1, 2009 265
AFFIDAVIT of Garrett D. Blanchfield in SUPPORT OF 263 MOTION to Suppress Evidence filed by Jammie Thomas. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G)(Blanchfield, Garrett)
June 1, 2009 266
STATEMENT OF CASE as to Jammie Thomas. (Blanchfield, Garrett)
June 1, 2009 267
Exhibit List Plaintiffs' Exhibit List by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Reynolds, Timothy)
June 1, 2009 268
NOTICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Jammie Thomas, Capitol Records, Inc re 256 Notice to Attorney, Notice of Time Estimate for Total Length of Trial (Reynolds, Timothy)
June 1, 2009 269
Proposed Voir Dire by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Reynolds, Timothy)
May 3, 2007 26
MEMORANDUM in Support re 25 MOTION to Amend/Correct 17 Scheduling Order, filed by all plaintiffs. (Coates, Laura)
June 1, 2009 270
Witness List by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Reynolds, Timothy)
June 1, 2009 271
Proposed Jury Instructions submitted by Jammie Thomas. (Blanchfield, Garrett)
June 1, 2009 272
MOTION in Limine to Exclude the Testimony of Defendant's Expert Dr. Yongdae Kim by Plaintiffs by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Attachments: # 1 Exhibit(s) Exhibit A to Motion in Limine to Exclude Testimony of Dr. Kim, # 2 Exhibit(s) Exhbit B to Motion In Limine to Exclude Testimony of Dr. Kim, # 3 Exhibit(s) Exhibit C to Motion in Limine to Exclude Testimony of Dr. Kim, # 4 Exhibit(s) Exhibit D to Motion in Limine to Exclude Testimony of Dr. Kim, # 5 Text of Proposed Order Order on Plaintiffs' Motion in Limine to Exclude the Testimony of Defendant's Expert Dr. Youngdae Kim)(Reynolds, Timothy)
June 1, 2009 273
STIPULATION re 256 Notice to Attorney, Stipulation of Uncontested Facts and Matters Not In Controversy by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Jammie Thomas, Capitol Records, Inc. (Reynolds, Timothy)
June 1, 2009 274
CERTIFICATE OF SERVICE by Jammie Thomas re 265 Affidavit in Support of Motion, 264 Memorandum in Support of Motion, 263 MOTION to Suppress Evidence (Blanchfield, Garrett)
June 1, 2009 275
Proposed Jury Instructions submitted by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Jammie Thomas, Capitol Records, Inc. (Reynolds, Timothy)
June 1, 2009 276
MOTION in Limine - Unopposed by Jammie Thomas. (Blanchfield, Garrett)
June 1, 2009 277
Proposed Jury Instructions submitted by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Reynolds, Timothy)
June 1, 2009 278
MEMORANDUM in Support re 263 MOTION to Suppress Evidence (Corrected) filed by Jammie Thomas. (Blanchfield, Garrett)
June 1, 2009 279
MOTION in Limine to Preclude Defendant from Raising or Asserting Evidence of Other Lawsuits by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Attachments: # 1 Text of Proposed Order Order on Plaintiffs' Motion in Limine to Preclude Defendant from Raising or Asserting Evidence of Other Lawsuits)(Reynolds, Timothy)
May 3, 2007 27
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 26 Memorandum in Support of Motion, 25 MOTION to Amend/Correct 17 Scheduling Order, (Coates, Laura)
June 1, 2009 280
DOCUMENT FILED IN ERROR HAS BEEN REFILED SEE DOCKET #314 - EXHIBIT re 279 MOTION in Limine to Preclude Defendant from Raising or Asserting Evidence of Other Lawsuits by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc filed by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Reynolds, Timothy) Modified on 6/10/2009 (vem).
June 1, 2009 281
Proposed Special Verdict Form by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Reynolds, Timothy)
June 1, 2009 282
STATEMENT OF CASE as to Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Attachments: # 1 Exhibit(s) Exhibit to Statement of the Case)(Reynolds, Timothy)
June 1, 2009 283
MOTION in Limine to Preclude Fair Use Defense by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Attachments: # 1 Text of Proposed Order Order on Plaintiffs' Motion in Limine to Preclude Fair Use Defense)(Reynolds, Timothy)
June 1, 2009 284
MOTION in Limine to Preclude Defendant from Asserting an Innocent Infringement Defense at Trial by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Attachments: # 1 Exhibit(s) Exhibit to Plaintiffs' Motion in Limine to Preclude Defendant from Asserting an Innocent Infringement Defense at Trial, # 2 Text of Proposed Order Order on Plaintiffs' Motion in Limine to Preclude Defendant from Asserting an Innocent Infringement Defense at Trial)(Reynolds, Timothy)
June 1, 2009 285
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc re 270 Witness List, 279 MOTION in Limine to Preclude Defendant from Raising or Asserting Evidence of Other Lawsuits, 267 Exhibit List, 268 Notice (Other), Notice (Other), 277 Proposed Jury Instructions, 273 Stipulation, 282 Statement of Case, 283 MOTION in Limine to Preclude Fair Use Defense, 269 Proposed Voir Dire, 284 MOTION in Limine to Preclude Defendant from Asserting an Innocent Infringement Defense at Trial, 272 MOTION in Limine to Exclude the Testimony of Defendant's Expert Dr. Yongdae Kim by Plaintiffs, 275 Proposed Jury Instructions, 281 Proposed Special Verdict Form, 280 Exhibit. (Reynolds, Timothy) Modified punctuation on 6/2/2009 (jz).
June 1, 2009 286
Proposed Special Verdict Form by Jammie Thomas. (Blanchfield, Garrett)
June 1, 2009 287
CERTIFICATE OF SERVICE by Jammie Thomas re 262 Proposed Voir Dire, 266 Statement of Case, 261 Witness List, 271 Proposed Jury Instructions, 276 MOTION in Limine - Unopposed, 286 Proposed Special Verdict Form. (Blanchfield, Garrett) Added punctuation on 6/2/2009 (jz).
June 3, 2009 288
MOTION to Expedite to Preclude Defendant from Objecting to Plaintiffs' Certificates of Copyright by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B Part 1, # 3 Exhibit(s) B Part 2, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E)(Reynolds, Timothy) Modified text on 6/4/2009 (jz).
June 3, 2009 289
NOTICE OF MOTION by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc re 288 MOTION to Expedite to Preclude Defendant from Objecting to Plaintiffs' Certificates of Copyright (Attachments: # 1 Text of Proposed Order on Plainatiff's Expedited Motion to Preclude Defendant from Objecting to Plaintiffs' Certificates of Copyright)(Reynolds, Timothy) Modified text on 6/4/2009 (jz).
May 4, 2007 28 Featured Case
ORDER granting Plaintiff's 25 Motion to Amend/Correct is GRANTED and that the deadline for the purpose of taking the deposition of Justin Gervais is extended to June 1, 2007. Signed by Chief Magistrate Judge Raymond L. Erickson on 5/4/07. (SEA)
June 3, 2009 290
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc re 289 Notice (Other), Notice (Other), 288 MOTION to Expedite to Preclude Defendant from Objecting to Plaintiffs' Certificates of Copyright. (Reynolds, Timothy) Modified punctuation on 6/4/2009 (jz).
June 4, 2009 291
MOTION for Admission Pro Hac Vice for K.A.D. Camara by Jammie Thomas. (Blanchfield, Garrett)
June 4, 2009 292
MOTION for Admission Pro Hac Vice for Joe Sibley by Jammie Thomas. (Blanchfield, Garrett)
June 4, 2009 293
NOTICE to Attorneys. A Phone Conference Motion Hearing is scheduled for 6/8/09 at 8:30 a.m. for the Motion to Expediate to Preclude the Defendant from Objecting to Plaintiff's Certificates of Copyright 288 before Chief Judge Davis. Memorandum in opposition is due to the court by Friday, June 9, 2009 at 12:00 noon. Please see the attached instructions for the phone conference information. (Attachments: # 1 Phone Conference Dial-In Instructions)(kmw)
June 4, 2009 295
RESPONSE re 272 MOTION in Limine to Exclude the Testimony of Defendant's Expert Dr. Yongdae Kim by Plaintiffs filed by Jammie Thomas-Rasset. (Attachments: # 1 Certificate of Service)(Blanchfield, Garrett)
June 4, 2009 296
RESPONSE re 263 MOTION to Suppress Evidence filed by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Attachments: # 1 Exhibit(s) A to Plaintiffs' Response to Motion to Suppress Evidence, # 2 Exhibit(s) B to Plaintiffs' Response to Motion to Suppress Evidence, # 3 Exhibit(s) C to Plaintiffs' Response to Motion to Suppress Evidence)(Reynolds, Timothy)
June 4, 2009 297
RESPONSE in Opposition re 276 MOTION in Limine - Unopposed re References to First Trial filed by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Reynolds, Timothy)
June 4, 2009 298
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc re 296 Response, 297 Response in Opposition to Motion. (Reynolds, Timothy) Modified punctuation on 6/5/2009 (jz).
June 4, 2009 299
RESPONSE re 283 MOTION in Limine to Preclude Fair Use Defense filed by Jammie Thomas-Rasset. (Blanchfield, Garrett)
June 8, 2007 29
MOTION to Amend/Correct 17 Scheduling Order, Stipulated Motion to Amend Pretrial Scheduling Order by Jammie Thomas. (Toder, Brian)
April 19, 2006 2
RULE 7.1 DISCLOSURE STATEMENT by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc that Virgin Records America, Inc's parent is EMI Group PLC; Capitol Records, Inc's parent coporation is EMI Group PLC; Sony BMG Music Entertainment is a joint venture owned by USCO Holdings, BeSo Holding LLC, Ariola Eurodisc, Inc, Arista Holding, Inc, and Zomba US Holdings, Inc, It's ultimate Parents are Bertlesmann AG and Sony Corporation; Arista Records is owned by Sony Corporation; Interscope Records is a subsidiary of Vivendi Universal, S.A.; Warner Bros Records ultimate parent corporation is Warner Music Group; UMG Recordings parent corporation is Vivendi Universal, S.A.(RJL)
June 4, 2009 300
RESPONSE re 279 MOTION in Limine to Preclude Defendant from Raising or Asserting Evidence of Other Lawsuits filed by Jammie Thomas-Rasset. (Blanchfield, Garrett)
June 4, 2009 301
CERTIFICATE OF SERVICE by Jammie Thomas-Rasset re 299 Response, 300 Response. (Blanchfield, Garrett) Modified punctuation on 6/5/2009 (jz).
June 5, 2009 302
RESPONSE re 288 MOTION to Expedite to Preclude Defendant from Objecting to Plaintiffs' Certificates of Copyright filed by Jammie Thomas-Rasset. (Attachments: # 1 Certificate of Service)(Blanchfield, Garrett)
June 8, 2009 303
Minute Entry for proceedings held before Chief Judge Michael J. Davis: Motion Hearing held via telephone on 6/8/2009 re 288 MOTION to Expedite to Preclude Defendant from Objecting to Plaintiffs' Certificates of Copyright filed by UMG Recordings, Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, Capitol Records, Inc, Interscope Records, Arista Records LLC. (Court Reporter Lori Simpson) (GRR)
June 8, 2009 304 Featured Case
ORDER: Plaintiffs' Expedited Motion to Preclude Defendant from Objecting to Plaintiffs' Certificates of Copyright 288 is DENIED. Signed by Chief Judge Michael J. Davis on 6/8/09. (GRR)
June 8, 2009 305
MOTION for Admission Pro Hac Vice for Matthew J. Oppenheim by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Attachments: # 1 Certificate of Service)(Boyd, Felicia)
June 8, 2009 306
PLAINTIFF'S AMENDED Exhibit List by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Reynolds, Timothy) Modified text on 6/9/2009 (jz).
June 8, 2009 307
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc re 306 Exhibit List Plaintiffs' Amended Exhibit Lis.t (Reynolds, Timothy) Added punctuation on 6/9/2009 (jz).
June 9, 2009 308
REPLY re 263 MOTION to Suppress Evidence filed by Jammie Thomas-Rasset. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Blanchfield, Garrett)
June 9, 2009 309
REPLY re 263 MOTION to Suppress Evidence Corrected filed by Jammie Thomas-Rasset. (Attachments: # 1 Certificate of Service)(Blanchfield, Garrett)
June 8, 2007 30
MEMORANDUM in Support re 29 MOTION to Amend/Correct 17 Scheduling Order, Stipulated Motion to Amend Pretrial Scheduling Order filed by Jammie Thomas. (Toder, Brian)
June 10, 2009 310
MOTION to Dismiss for Lack of Jurisdiction by Jammie Thomas-Rasset. (Blanchfield, Garrett)
June 10, 2009 311
MEMORANDUM in Support re 310 MOTION to Dismiss for Lack of Jurisdiction filed by Jammie Thomas-Rasset. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Blanchfield, Garrett)
June 10, 2009 312
CERTIFICATE OF SERVICE by Jammie Thomas-Rasset re 310 MOTION to Dismiss for Lack of Jurisdiction, 311 Memorandum in Support of Motion. (Blanchfield, Garrett) Added punctuation on 6/11/2009 (jz).
June 10, 2009 313
Minute Entry for proceedings held before Chief Judge Michael J. Davis: Motion Hearing held on 6/10/2009 re 279 MOTION in Limine to Preclude Defendant from Raising or Asserting Evidence of Other Lawsuits filed by UMG Recordings, Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, Capitol Records, Inc, Interscope Records, Arista Records LLC, 310 MOTION to Dismiss for Lack of Jurisdiction filed by Jammie Thomas-Rasset, 283 MOTION in Limine to Preclude Fair Use Defense filed by UMG Recordings, Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, Capitol Records, Inc, Interscope Records, Arista Records LLC, 276 MOTION in Limine - Unopposed filed by Jammie Thomas-Rasset, 284 MOTION in Limine to Preclude Defendant from Asserting an Innocent Infringement Defense at Trial filed by UMG Recordings, Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, Capitol Records, Inc, Interscope Records, Arista Records LLC, 272 MOTION in Limine to Exclude the Testimony of Defendant's Expert Dr. Yongdae Kim by Plaintiffs filed by UMG Recordings, Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, Capitol Records, Inc, Interscope Records, Arista Records LLC, 263 MOTION to Suppress Evidence filed by Jammie Thomas-Rasset. Motions were moved argued and taken under advisment. Order to follow. Motion to Dismiss 310 was ruled premature and denied. (Court Reporter Lori Simpson) (kmw)
June 10, 2009 314
EXHIBIT re 279 MOTION in Limine to Preclude Defendant from Raising or Asserting Evidence of Other Lawsuits by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc filed by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Reynolds, Timothy)
June 11, 2009 315 Featured Case MEMORANDUM OF LAW AND ORDER granting in part and denying in part as set forth by the order Plaintiff's Motion to Exclude the Testimony of Defendant's Expert Dr. Yongdae Kim 272 ; Defendant's Unopposed Motion in Limine is granted 276 ; Plaintiff's Motion in Limine to Preclude Defendant from Raising or Asserting Evidence of Other Lawsuits is Reserved 279 ; Plaintiff's Motion in Limine to Preclude Fair Use Defense is granted 283 ; Plaintiff's Motion in Limine to Pr eclude Defendant from Asserting an Innocent Infringement Defense at Trial is granted 284 ; Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction is denied without prejudice 310 ; and Defendant's Motion to Suppress Evidence 263 is denied. Signed by Chief Judge Michael J. Davis on 6/11/09. (kmw) Modified document type to written opinion on 6/15/2009 (LJG).
June 12, 2009 316
Exhibit List Defendant's Objections to Plaintiffs' Exhibit List by Jammie Thomas-Rasset. (Attachments: # 1 Certificate of Service)(Blanchfield, Garrett)
June 12, 2009 318
Exhibit List Second Amended by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Reynolds, Timothy)
June 12, 2009 319
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc re 318 Exhibit List, 317 Witness List. (Reynolds, Timothy) Modified punctuation on 6/15/2009 (jz).
June 8, 2007 31
CERTIFICATE OF SERVICE by Jammie Thomas re 30 Memorandum in Support of Motion, 29 MOTION to Amend/Correct 17 Scheduling Order, Stipulated Motion to Amend Pretrial Scheduling Order (Toder, Brian)
June 15, 2009 320 Featured Case
SPECIAL ORDER. IT IS HEREBY ORDERED: The names and addresses of prospective jurors and jurors in this matter shall not be publicly released. Signed by Chief Judge Michael J. Davis on 6/15/09. (GRR)
June 15, 2009 321
Minute Entry for proceedings held before Chief Judge Michael J. Davis: Jury Selection and Impaneled. Opening Statements and Jury Trial began on 6/15/2009. Trial continued to 6/16/09 at 9:00 a.m. Motions hearing on 6/16/09 at 8:00 a.m. (Court Reporter Lori Simpson) (kmw)
June 15, 2009 322
MEMORANDUM by Jammie Thomas-Rasset memorandum in Support of Objection to Admission of Non-Certified Copies of Sound Recordings and Other Testimony to Prove Contents of Copyrighted Works filed by Jammie Thomas-Rasset. (Attachments: # 1 Exhibit(s), # 2 Certificate of Service)(Blanchfield, Garrett) Modified text on 6/16/2009 (kt).
June 15, 2009 323
Letter MOTION to Exclude Trial Exhibit 4 by Jammie Thomas-Rasset. (Blanchfield, Garrett)
June 15, 2009 324
MEMORANDUM in Support re 323 Letter MOTION to Exclude Trial Exhibit 4 filed by Jammie Thomas-Rasset. (Blanchfield, Garrett)
June 15, 2009 325
CERTIFICATE OF SERVICE by Jammie Thomas-Rasset re 323 Letter MOTION to Exclude Trial Exhibit 4, 324 Memorandum in Support of Motion (Blanchfield, Garrett)
June 15, 2009 326
TRIAL BRIEF in Opposition to Defendant's 323 Motion to Exclude Evidence of the Sound Recordings Deposited with the Copyright Office by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Attachments: # 1 Exhibit(s) Exhibits A and B)(Mohraz, Andrew) Modified text and link on 6/17/2009 (kt).
June 16, 2009 327
TRIAL BRIEF Plaintiffs' Trial Brief Regarding Defendant's Objections to Plaintiffs' Trial Exhibit No. 4 by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Reynolds, Timothy)
June 16, 2009 328
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 327 Trial Brief, 326 Trial Brief. (Reynolds, Timothy) Modified punctuation on 6/16/2009 (jz).
June 16, 2009 329 Featured Case
ORDER: 1. Defendant's Motion to Exclude Trial Exhibit 4 323 is GRANTED. 2. Defendant's Objection to Admission of Non-Certified Copies of Sound Recordings and Other Testimony to Prove Contents of Copyrighted Works 322 is DENIED. Signed by Chief Judge Michael J. Davis on 6/16/09. (GRR)
June 13, 2007 32 Featured Case
ORDER That the Stipulated Motion to Amend Pretrial Scheduling Order Docket No. 29 is APPROVED, and the Pretrial Order dated March 6, 2007, is amended as follows: That this case shall be ready for trial on October 1, 2007,1 or 30 daysafter the Court renders its Order on any dispositive Motion (whichever is later), at which time the case will be placed on the Court's Jury trial calendar. Signed by Chief Magistrate Judge Raymond L. Erickson on 6/13/07. (JMH)
June 16, 2009 330
Minute Entry for proceedings held before Chief Judge Michael J. Davis: Jury Trial continued on 6/16/2009. Jury Charge Conference on 6/17/09 at 8:00 a.m. Trial to continue at 9:00 a.m. on 6/17/09. (Court Reporter Lori Simpson) (kmw)
June 16, 2009 331 Featured Case
ORDER. In accordance with the Court's June 16, 2009, oral order and based upon the files, records and proceedings herein, IT IS ORDERED: During trial, and at the end of the trial, the jury shall be instructed as follows: You heard testimony from Plaintiffs' expert, Dr. Jacobson, that there was evidence of an external hard drive connected to the computer that he examined. You are instructed that there is no basis for the testimony regarding the external hard drive and that you should disregard this testimony and all evidence referred to in connection with the testimony about the external hard drive. Signed by Chief Judge Michael J. Davis on 6/16/09. (GRR)
June 16, 2009 332
Revised Proposed Jury Instructions submitted by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc. (Reynolds, Timothy) Modified text on 6/17/2009 (kt).
June 16, 2009 333
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Capitol Records, Inc re 332 Proposed Jury Instructions Plaintiffs' Revised Proposed Jury Instruction.(Reynolds, Timothy)
June 17, 2009 334
Minute Entry for proceedings held before Chief Judge Michael J. Davis: Jury Trial continued on 6/17/2009. Jury Trial to continue on 6/18/09 at 9:00 a.m. (Court Reporter Lori Simpson) (KMW)
June 18, 2009 335
Final Jury Instructions. (kmw)
June 18, 2009 336
SPECIAL JURY VERDICT (Redacted) for Plaintiffs against Defendant. (jam) # 1 Placeholder. Modified on 6/19/2009 (jam).
June 18, 2009 337
Minute Entry for proceedings held before Chief Judge Michael J. Davis: Jury Trial completed on 6/18/2009. (Court Reporter Lorilee Fink) (kmw)
June 19, 2009 338
JUDGMENT in favor of Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc against Jammie Thomas-Rasset. Signed by Chief Judge Michael J. Davis on 6/19/09. (Attachments: # 1 Civil-8th Circuit Pre-Hearing Conference Notice, # 2 Civil Notice - appeal)(kt)
June 24, 2009 339
No. 1 JURY QUESTION(s) (Redacted). (kt)
July 9, 2007 33
MOTION to Withdraw as Attorney by Jammie Thomas. (Toder, Brian)
June 24, 2009 340
ANSWER OF THE COURT TO JURY QUESTION #1. (kt)
July 1, 2009 341 Featured Case
ORDER FOR PERMISSION OF ATTORNEYS TO CONTACT THE JURORS. Signed by Chief Judge Michael J. Davis on 6/30/09. (kmw)
July 6, 2009 342
MOTION to Amend/Correct 338 Judgment, by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Attachments: # 1 Text of Proposed Order)(Reynolds, Timothy)
July 6, 2009 343
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 342 MOTION to Amend/Correct 338 Judgment, MOTION to Amend/Correct 338 Judgment, (Reynolds, Timothy)
July 6, 2009 344
MOTION for New Trial Remittitur, and to Alter or Amend the Judgment by Jammie Thomas-Rasset. (Attachments: # 1 Affidavit of Service)(Blanchfield, Garrett)
July 8, 2009 345
NOTICE to Attorneys. Briefing Schedule for post trial motions. (kmw)
July 14, 2009 346
MOTION for Extension of Time to File Briefs (Extending Briefing Schedule) by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Reynolds, Timothy)
July 14, 2009 347
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 346 MOTION for Extension of Time to File Briefs (Extending Briefing Schedule).(Reynolds, Timothy)
July 15, 2009 348 Featured Case
ORDER granting 346 Motion for Extension of Time to File. Signed by Chief Judge Michael J. Davis on 7/15/09. (kmw)
August 11, 2009 349
MOTION for Extension of Time to File Response/Reply as to 348 Order on Motion for Extension of Time to File (Opposition and Reply Briefs) by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc. (Attachments: # 1 Text of Proposed Order)(Mohraz, Andrew)
July 9, 2007 34
NOTICE OF HEARING ON MOTION 33 MOTION to Withdraw as Attorney: Motion Hearing set for 7/25/2007 11:00 AM in Minneapolis - Courtroom 9E before Chief Mag. Judge Raymond L. Erickson. (Toder, Brian)
August 11, 2009 350
CERTIFICATE OF SERVICE by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc re 349 MOTION for Extension of Time to File Response/Reply as to 348 Order on Motion for Extension of Time to File (Opposition and Reply Briefs) MOTION for Extension of Time to File Response/Reply as to 348 Order on Motion for Extension of Time to File (Opposition and Reply Briefs.) (Mohraz, Andrew) Modified text on 8/12/2009 (jz).
August 12, 2009 351 Featured Case
ORDER granting 349 Motion for Extension of Time to File Response and Reply. Signed by Chief Judge Michael J. Davis on 8/12/09. (KMW)
August 14, 2009 352
MEMORANDUM by United States of America re 344 MOTION for New Trial Remittitur, and to Alter or Amend the Judgment filed by United States of America. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Kirschner, Adam)
August 14, 2009 353
RESPONSE in Opposition re 344 MOTION for New Trial Remittitur, and to Alter or Amend the Judgment filed by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc. (Attachments: # 1 Exhibit(s) A to Response in Opposition to Motion for New Trial, # 2 Exhibit(s) B to Response in Opposition to Motion for New Trial, # 3 LR7.1 Word Count Compliance Certificate Response in Opposition to Motion for New Trial)(Reynolds, Timothy)
August 14, 2009 354
CERTIFICATE OF SERVICE by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc re 353 Response in Opposition to Motion. (Reynolds, Timothy) Modified text on 8/17/2009 (jz).
August 14, 2009 355
RESPONSE in Opposition re 342 MOTION to Amend/Correct 338 Judgment, MOTION to Amend/Correct 338 Judgment, filed by Jammie Thomas-Rasset. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Blanchfield, Garrett)
August 15, 2009 356
CERTIFICATE OF SERVICE by Jammie Thomas-Rasset re 355 Response in Opposition to Motion. (Blanchfield, Garrett) Modified text on 8/17/2009 (jz).
August 15, 2009 357
MEMORANDUM in Opposition re 342 MOTION to Amend/Correct 338 Judgment, MOTION to Amend/Correct 338 Judgment, Corrected filed by Jammie Thomas-Rasset. (Blanchfield, Garrett)
August 20, 2009 358
MOTION for Extension of Time to File Response/Reply as to 351 Order on Motion for Extension of Time to File Response/Reply (Reply to have been filed 8/21/09) by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc. (Mohraz, Andrew)
August 20, 2009 359
CERTIFICATE OF SERVICE by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc re 358 MOTION for Extension of Time to File Response/Reply as to 351 Order on Motion for Extension of Time to File Response/Reply (Reply to have been filed 8/21/09) MOTION for Extension of Time to File Response/Reply as to 351 Order on Motion for Extension of Time to File Response/Reply (Reply to have been filed 8/21/09). (Mohraz, Andrew) Modified text on 8/21/2009 (jz).
July 9, 2007 35
CERTIFICATE OF SERVICE by Jammie Thomas re 34 Notice of Hearing on Motion, 33 MOTION to Withdraw as Attorney (Toder, Brian)
August 21, 2009 360 Featured Case
ORDER granting 358 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge Michael J. Davis on 8/21/09. (KMW)
August 28, 2009 361
RESPONSE in Support re 342 MOTION to Amend/Correct 338 Judgment, MOTION to Amend/Correct 338 Judgment, (Plaintiffs' Reply in Support of Motion to Amend Judgment) filed by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc. (Reynolds, Timothy)
August 28, 2009 362
CERTIFICATE OF SERVICE by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc re 361 Response in Support of Motion, (Plaintiffs' Reply in Support of Motion to Amend Judgment) (Reynolds, Timothy)
August 28, 2009 363
REPLY re 344 MOTION for New Trial Remittitur, and to Alter or Amend the Judgment filed by Jammie Thomas-Rasset. (Attachments: # 1 Certificate of Service, # 2 LR7.1 Word Count Compliance Certificate)(Blanchfield, Garrett)
October 1, 2009 364
NOTICE by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc re 353 Response in Opposition to Motion,, (Plaintiffs' Notice of Supplemental Authority) (Attachments: # 1 Exhibit(s) A: Decision in Verizon California Inc., et al. v. OnlineNIC dated 8/25/09)(Reynolds, Timothy)
October 1, 2009 365
CERTIFICATE OF SERVICE by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc re 364 (Plaintiffs' Notice of Supplemental Authority.) (Reynolds, Timothy) Modified text on 10/2/2009 (jz).
January 22, 2010 366 Featured Case MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Defendant's Motion for a New Trial, Remittitur, and to Alter or Amend the Judgment 344 is DENIED IN PART and GRANTED IN PART as follows: The Judgment is amended to remit the damages award t o $2,250 per sound recording infringed. Plaintiffs are directed to either accept the remittitur no later than seven days from the date of this Order. The Court will defer amending the Judgment pending nofitifcation of Plaintiffs' position with regard to remittuter. 2. Plaintiffs' Motion to Amend Judgment 342 is DENIED IN PART and GRANTED IN PART as follows: The Judgment will be amended to include the following permanent injunction: Defendant shall be and hereby is enjoined fr om directly or indirectly infringing Plaintiffs' rights under federal or state law in the copyrighted records and any sound recording, whether now in existence or later created, that is owned or controlled by Plaintiffs (or any parent, subsidiar y, or affiliate record label of Plaintiffs) ("Plaintiffs' Recordings"), including without limitation by using the Internet or any online media distribution system to reproduce (i.e., download) any of Plaintiffs' Recordings, or to distribute (i.e., upload) any of Plaintiffs' Recordings, except pursuant to a lawful license or with the express authority of Plaintiffs. Defendant also shall destroy all copies of Plaintiffs' Recordings that Defendant has downloaded onto any computer hard drive or server without Plaintiffs' authorization and shall destroy all copies of those downloaded recordings transferred onto any physical medium or device in Defendant's possession, custody, or control. 3. Amendment of the Judgment is deferred pending notification of Plaintiffs' position with regard to remittutr (Written Opinion). Signed by Chief Judge Michael J. Davis on 1/22/10. (GRR)
January 26, 2010 367
MOTION for Extension of Time to File (UNOPPOSED MOTION TO NOTIFY COURT REGARDING PLAINTIFFS' POSITION ON REMITTITUR) by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc. (Mohraz, Andrew)
January 26, 2010 368
CERTIFICATE OF SERVICE by Arista Records LLC, Capitol Records, Inc, Interscope Records, Sony BMG Music Entertainment, UMG Recordings, Inc, Warner Bros Records Inc re 367 MOTION for Extension of Time to File (UNOPPOSED MOTION TO NOTIFY COURT REGARDING PLAINTIFFS' POSITION ON REMITTITUR) MOTION for Extension of Time to File (UNOPPOSED MOTION TO NOTIFY COURT REGARDING PLAINTIFFS' POSITION ON REMITTITUR). (Mohraz, Andrew) Modified text on 1/27/2010 (jz).
January 27, 2010 369 Featured Case
ORDER granting 367 Motion for Extension of Time to File. Signed by Chief Judge Michael J. Davis on 1/27/10. (KMW)
July 25, 2007 36
Minute Entry for proceedings held before Chief Magistrate Judge Raymond L. Erickson : Motion Hearing held on 7/25/2007 re: Brian Toder's Motion to Withdraw as Counsel for Defendant Jammie Thomas 33 . Motions taken under advisement as of July 25, 2007. Order to be issued. (jc)
January 28, 2010 370
NOTICE of Withdrawal as Attorney Kara L.B. Barrow (Attachments: # 1 Certificate of Service)(Boyd, Felicia)
February 8, 2010 371
NOTICE by Capitol Records, Inc re 366 Order on Motion to Amend/Correct, Order on Motion for New Trial, Notice of Plaintiffs' Decision re: Remittitur. (Attachments: # 1 Certificate of Service)(Reynolds, Timothy) Modified text on 2/9/2010 (jz).
March 1, 2010 372
DATE CERTAIN JURY TRIAL NOTICE. Jury Trial on damages is set for 10/4/2010 at 9:00 AM in Courtroom 15E (MPLS) before Chief Judge Michael J. Davis. Please read the trial notice for all deadlines and due dates. (KMW)
August 2, 2007 37
SETTLEMENT CONFERENCE ORDER Settlement Conference set for 9/24/2007 10:00 AM in Duluth - Courtroom 3 before Chief Magistrate Judge Raymond L. Erickson. Signed by Chief Magistrate Judge Raymond L. Erickson on 8/2/07. (JMH)
August 3, 2007 38
JURY TRIAL NOTICE. This case is trial ready beginning 10/1/2007. The trial will be held in Minneapolis - Courtroom 14E before Judge Michael J. Davis. Please read the notice for specific due dates and deadlines regarding trial documents. (kmw)
August 24, 2007 39
MOTION Summary Adjudication of Specific Facts by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Boyd, Felicia)
May 30, 2006 3
Defendant's ANSWER to Complaint by Jammie Thomas.(Toder, Brian)
October 13, 2010 404 Featured Case ORDER. Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED: 1. Defendant's request for a jury instruction regarding the constitutional limits on statutory damages awards is DENIED. 2. Defendant's obj ection to instructing the jury regarding the elements of copyright infringement is OVERRULED. 3. The Court's proposed jury instructions are attached to this Order as Exhibit A. (Written Opinion). Signed by Chief Judge Michael J. Davis on 10/13/10. (Attachments: # 1 Exhibit(s))(GRR)
August 24, 2007 40
MEMORANDUM in Support re 39 MOTION Summary Adjudication of Specific Facts filed by all plaintiffs. (Attachments: # 1 Exhibit(s) 1-2)(Boyd, Felicia)
October 22, 2010 411 Featured Case ORDER. Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED: Defendant's Motion to Reconsider Remittitur Order 405 is DENIED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 10/22/10. (GRR)
November 1, 2010 414 Featured Case ORDER. IT IS HEREBY ORDERED: The unsolicited brief filed as 413 is hereby STRICKEN (Written Opinion). Signed by Chief Judge Michael J. Davis on 11/1/10. (GRR)
August 24, 2007 41
MOTION to Enforce Judgment re Specific Facts or for Leave to File Dispositive Motion as to Such Facts by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Attachments: # 1 Exhibit(s) 1-4)(Boyd, Felicia)
August 24, 2007 42
NOTICE OF HEARING ON MOTION 41 MOTION to Enforce Judgment re Specific Facts or for Leave to File Dispositive Motion as to Such Facts: Motion Hearing set for 9/13/2007 02:30 PM in Duluth - Courtroom 3 before Chief Mag. Judge Raymond L. Erickson. (Boyd, Felicia)
August 29, 2007 43
Declaration of JoAn Cho in Support of 39 MOTION Summary Adjudication of Specific Facts filed by all plaintiffs. (Attachments: # 1 Exhibit(s)1)(Coates, Laura) Modified on 8/30/2007 (jc).
August 29, 2007 44
Declaration of Jennifer Pariser in Support of 39 MOTION Summary Adjudication of Specific Facts filed by all plaintiffs. (Attachments: # 1 Exhibit(s)1)(Coates, Laura) Modified on 8/30/2007 (jc).
August 29, 2007 45
Declaration of Alasdair McMullan in Support of 39 MOTION Summary Adjudication of Specific Facts filed by all plaintiffs. (Attachments: # 1 Exhibit(s)1)(Coates, Laura) Modified on 8/30/2007 (jc).
August 29, 2007 46
Declaration of Silda Palerm in Support of 39 MOTION Summary Adjudication of Specific Facts filed by all plaintiffs. (Attachments: # 1 Exhibit(s)1)(Coates, Laura) Modified on 8/30/2007 (jc).
August 29, 2007 47
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 44 Declaration in Support, 43 Declaration in Support, 46 Declaration in Support, 45 Declaration in Support (Coates, Laura)
August 31, 2007 48 Featured Case
ORDER 1. That the Motion of Defendant's Counsel to Withdraw Without Substitution 33 is DENIED. 2. That the Defendant is direct to advise the Court as to her interest in considering a settlement of this case within one (1) week of the date of this Order. Signed by Chief Magistrate Judge Raymond L. Erickson on 08/31/2007. (jc)
November 20, 2012 493 Featured Case JUDGMENT IN A CIVIL CASE. IT IS ORDERED AND ADJUDGED THAT: Judgment is entered in favor of Plaintiffs and against Defendant as follows: 1. Capitol Records, Inc. $9,250 for the 1 sound recording, for a total of $9,250. 2. Sony BMG Music Entertainment $9,250 for each of the 6 sound recordings, for a total of $55,500. 3. Arista Records LLC $9,250 for each of the 2 sound recordings, for a total of $18,500. 4. Intersco pe Records $9,250 for each of the 3 sound recordings, for a total of $27,750. 5. Warner Bros. Records Inc. $9,250 for each of the 3 sound recordings, for a total of $27,750. 6. UMG Recordings, Inc. $ 9,250 for each of the 9 sound recordings, for a total of $83,250. Furthermore, Defendant shall be and hereby is enjoined from directly or indirectly infringing Plaintiffs' rights under federal or state law in the copyrighted rec ordings and any sound recording, whether now in existence or later created, that is owned or controlled by Plaintiffs (or any parent, subsidiary, or affiliate record label of Plaintiffs) ("Plaintiffs' Recordings"), including without li mitation by using the Internet or any online media distribution system to reproduce (i.e., download) any of Plaintiffs' Recordings, or to distribute (i.e., upload) any of Plaintiffs' Recordings, or to make any of Plaintiffs' Recordings available for distribution to the public, except pursuant to a lawful license or with the express authority of Plaintiffs. Defendant also shall destroy all copies of Plaintiffs' Recordings that Defendant has downloaded onto any computer hard d rive or server without Plaintiffs' authorization and shall destroy all copies of those downloaded recordings transferred onto any physical medium or device in Defendant's possession, custody, or control. (Written Opinion). Signed by Chief Judge Michael J. Davis on 11/20/12. (GRR)
September 4, 2007 49
MOTION for Admission Pro Hac Vice for Richard L. Gabriel by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura) Modified on 9/7/2007 - added parties(MMC).
May 30, 2006 4
CERTIFICATE OF SERVICE by Jammie Thomas (Toder, Brian)
September 6, 2007 50
MEMORANDUM in Opposition re 41 MOTION to Enforce Judgment re Specific Facts or for Leave to File Dispositive Motion as to Such Facts filed by Jammie Thomas. (Toder, Brian)
September 6, 2007 51
DECLARATION of Brian N. Toder in Opposition to 50 Memorandum in Opposition to Motion filed by Jammie Thomas. (Attachments: # 1 Exhibit(s) 1 thru 20)(Toder, Brian) Modified on 9/7/2007 (jc).
September 6, 2007 52
CERTIFICATE OF SERVICE by Jammie Thomas re 50 Memorandum in Opposition to Motion, 51 Declaration in Opposition (Toder, Brian)
September 12, 2007 53
DATE CERTAIN TRIAL NOTICE to Attorneys (KMW)
September 13, 2007 54
Minute Entry for proceedings held before Chief Magistrate Judge Raymond L. Erickson : Motion Hearing held on 9/13/2007 re 39 Virgin Records et al.'s MOTION Summary Adjudication of Specific Facts; 41 Virgin Records et al.'s MOTION to Enforce Judgment re Specific Facts or for Leave to File Dispositive Motion as to Such Facts. Motions taken under advisement. (Tape #07-55) (JMH)
September 17, 2007 55
STATEMENT OF CASE as to Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Attachments: # 1 Exhibit(s))(Coates, Laura)
September 17, 2007 56
Exhibit List by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura)
September 17, 2007 57
Witness List by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura)
September 17, 2007 58
Exhibit List /Witness List by Jammie Thomas. (Toder, Brian)
September 17, 2007 59
Proposed Voir Dire by Jammie Thomas. (Toder, Brian)
June 22, 2006 5
PRETRIAL NOTICE AND ORDER Pretrial Conference set for 7/26/2006 09:15 AM in Chambers Hearing before Chief Magistrate Judge Raymond L Erickson. Signed by Chief Magistrate Judge Raymond L Erickson on 6/22/06. (Attachments: # 1 Consent to Magistrate)(JMH)
September 17, 2007 60
Proposed Jury Instructions submitted by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Jammie Thomas, Capitol Records, Inc. (Coates, Laura)
September 17, 2007 61
Proposed Jury Instructions submitted by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura)
September 17, 2007 62
STATEMENT OF CASE as to Jammie Thomas. (Toder, Brian)
September 17, 2007 63
Proposed Special Verdict Form by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura)
September 17, 2007 64
Proposed Jury Instructions submitted by Jammie Thomas. (Toder, Brian)
September 17, 2007 65
Proposed Special Verdict Form by Jammie Thomas. (Toder, Brian)
September 17, 2007 66
Proposed Voir Dire by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura)
September 17, 2007 67
MOTION in Limine Defendant's Motions In Limine andMotion for Additional time ot Submit Additional Motions In Limine by Jammie Thomas. (Toder, Brian)
September 17, 2007 68
MOTION in Limine to Exclude Evidence Disputing Admitted Facts by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Attachments: # 1 Exhibit(s))(Coates, Laura)
September 17, 2007 69
Proposed Jury Instructions submitted by Jammie Thomas. (Attachments: # 1)(Toder, Brian)
July 14, 2006 6
MOTION for Admission Pro Hac Vice for David A. Tonini by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (MMC)
September 17, 2007 70
CERTIFICATE OF SERVICE by Jammie Thomas re 62 Statement of Case, 64 Proposed Jury Instructions, 67 MOTION in Limine Defendant's Motions In Limine andMotion for Additional time ot Submit Additional Motions In Limine, 58 Exhibit List, 59 Proposed Voir Dire, 69 Proposed Jury Instructions, 65 Proposed Special Verdict Form (Toder, Brian)
September 17, 2007 71
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 57 Witness List, 66 Proposed Voir Dire, 60 Proposed Jury Instructions, 61 Proposed Jury Instructions, 55 Statement of Case, 56 Exhibit List, 63 Proposed Special Verdict Form, 68 MOTION in Limine to Exclude Evidence Disputing Admitted Facts (Coates, Laura)
September 17, 2007 72
NOTICE to Attorneys. Updated briefing schedule for motions in limine. (kmw)
September 20, 2007 73
MINUTE ORDER 1. That the Plaintiffs' Motion To Enforce Stipulation Re: Specific Facts, or in the alternative, For Leave to File Dispositive Motion As To Such Facts 41 is DENIED. 2. That the Plaintiffs' Motion for Summary Adjudication 39 is DENIED, as moot. Signed by Chief Magistrate Judge Raymond L. Erickson on 9/20/07. (SEA)
September 20, 2007 74 Featured Case
ORDER re 37 That the Settlement Conference set for Monday, September 24, 2007, at 10:00 a.m., in Court Room 3, Duluth, Minnesota, is stricken from this Court's calendar. Signed by Chief Magistrate Judge Raymond L. Erickson on 9/20/07. (SEA)
September 20, 2007 75
Exhibit List Defendant's Amended Exhibit and Witness List by Jammie Thomas. (Toder, Brian)
September 20, 2007 76
CERTIFICATE OF SERVICE by Jammie Thomas re 75 Exhibit List (Toder, Brian)
September 21, 2007 77
Exhibit List Plaintiffs' Amended Exhibit List by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Attachments: # 1 Certificate of Service)(Coates, Laura)
September 24, 2007 78
RESPONSE in Opposition re 68 MOTION in Limine to Exclude Evidence Disputing Admitted Facts filed by Jammie Thomas. (Toder, Brian)
September 24, 2007 79
DECLARATION of Brian N. Toder in Opposition to 68 MOTION in Limine to Exclude Evidence Disputing Admitted Facts filed by Jammie Thomas. (Attachments: # 1 Exhibit(s) 1 # 2 Exhibit(s) 2 # 3 Exhibit(s) 3 # 4 Exhibit(s) 4 # 5 Exhibit(s) 4 part 2)(Toder, Brian) Modified on 9/25/2007 (jc).
July 21, 2006 7
STATEMENT OF CASE as to Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Attachments: # 1 Certificate of Service)(Coates, Laura)
September 24, 2007 80
CERTIFICATE OF SERVICE by Jammie Thomas re 78 Response in Opposition to Motion, 79 Declaration in Opposition, (Toder, Brian)
September 24, 2007 81
MOTION in Limine to Preclude the Admission of Plaintiffs' Trial Exhibit 4 Pursuant to Rules 26 and 37 by Jammie Thomas. (Attachments: # 1 Certificate of Service)(Toder, Brian)
September 24, 2007 82
MOTION in Limine to Preclude Defendant from Making Unfounded, Prejudicial Statements to the Jury by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura)
September 24, 2007 83
Declaration of Timothy M. Reynolds in Support of 82 MOTION in Limine to Preclude Defendant from Making Unfounded, Prejudicial Statements to the Jury filed by all plaintiffs. (Coates, Laura)
September 24, 2007 84
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 83 Declaration in Support, 82 MOTION in Limine to Preclude Defendant from Making Unfounded, Prejudicial Statements to the Jury (Coates, Laura)
September 24, 2007 85
MEMORANDUM in Support re 67 MOTION in Limine Defendant's Motions In Limine andMotion for Additional time ot Submit Additional Motions In Limine filed by Jammie Thomas. (Attachments: # 1 Certificate of Service)(Toder, Brian)
September 25, 2007 86
DECLARATION of Brian N. Toder in Opposition to 82 MOTION in Limine to Preclude Defendant from Making Unfounded, Prejudicial Statements to the Jury filed by Jammie Thomas. (Attachments: # 1 Certificate of Service)(Toder, Brian) Modified on 9/26/2007 (jc).
September 25, 2007 87
DECLARATION of Brian N. Toder in Opposition to 82 MOTION in Limine to Preclude Defendant from Making Unfounded, Prejudicial Statements to the Jury filed by Jammie Thomas. (Attachments: # 1 Ex. A# 2 Ex. B# 3 Certificate of Service)(Toder, Brian)
September 26, 2007 88
Memorandum in Opposition re 81 MOTION in Limine to Preclude the Admission of Plaintiffs' Trial Exhibit 4 by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura) Modified link and text on 9/26/2007 (akl).
September 26, 2007 89
DECLARATION of Timothy M. Reynolds in Opposition to 81 MOTION in Limine to Preclude the Admission of Plaintiffs' Trial Exhibit 4 filed by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura) Modified link and text on 9/26/2007 (akl).
July 24, 2006 8
STATEMENT OF CASE as to Jammie Thomas. (Toder, Brian)
September 26, 2007 90
MEMORANDUM in Opposition re 67 MOTION in Limine Defendant's Motions In Limine andMotion for Additional time ot Submit Additional Motions In Limine Plaintiffs' Opposition to Defendant's Three Docket 67 Motions in Limine filed by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc. (Coates, Laura)
September 26, 2007 91
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 88 MOTION in Limine to Preclude the Admission of Plaintiffs' Trial Exhibit 4 (Coates, Laura)
September 26, 2007 92
CERTIFICATE OF SERVICE by Sony BMG Music Entertainment, Arista Records LLC, Interscope Records, Warner Bros Records Inc, UMG Recordings, Inc, Virgin Records America, Inc, Capitol Records, Inc re 90 Memorandum in Opposition to Motion, (Coates, Laura)
September 28, 2007 93
MOTION in Limine to Preclude Evidence of Her Counsel's Motion to Withdraw (Dkt. 48) by Jammie Thomas. (Attachments: # 1 Certificate of Service)(Toder, Brian)
October 1, 2007 94 Featured Case
ORDER denying 68 Plaintiffs' Motion in Limine to Exclude Evidence Disputing Admitted Facts; granting 81 Defendant's Motion in Limine to Preclude the admission of Plaintiffs' Trial Exhibit 4; and reserving decision until oral argument on the following motions: 82 Plaintiffs' Motion in Limine to Preclude Defendant from Making Unfounded, Prejudicial Statements to the Jury, 67 Defendant's Motion in Limine to Prohibit the Parties from Making Certain Allusions or References during Opening Statements and 93 Defendant's Motion in Limine to Preclude Evidence of Her Counsel's Motionto Withdraw(Written Opinion). Signed by Judge Michael J. Davis on October 1, 2007. (SMS)
October 2, 2007 95
Minute Entry for proceedings held before Judge Michael J. Davis : Voir Dire held, Jury Selection held, and Jury Trial begun on 10/2/2007. (Court Reporter Lori Simpson) (kmw)
October 3, 2007 96
Minute Entry for proceedings held before Judge Michael J. Davis : Jury Trial continued on 10/3/2007. (Court Reporter Lori Simpson) (kmw)
October 4, 2007 97
Final Jury Instructions. (kmw)
October 4, 2007 98 Featured Case
SPECIAL ORDER. Signed by Judge Michael J. Davis on 10/4/07. (kmw)
October 4, 2007 99
JUDGMENT (Attachments: # 1 Civil Notice - appeal # 2 Civil-8th Circuit Pre-Hearing Conference Notice)(jc)
July 24, 2006 9
CERTIFICATE OF SERVICE by Jammie Thomas re 8 Statement of Case (Toder, Brian)

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Search for this case: Virgin Records America, Inc v. Thomas
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Plaintiff: UMG Recordings, Inc
Represented By: Timothy M Reynolds
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Plaintiff: Warner Bros Records Inc
Represented By: Mary Andreleita Walker
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Plaintiff: Virgin Records America, Inc
Represented By: Richard L Gabriel
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Plaintiff: Capitol Records, Inc
Represented By: Mary Andreleita Walker
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Plaintiff: Sony BMG Music Entertainment
Represented By: Mary Andreleita Walker
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Plaintiff: Arista Records LLC
Represented By: Mary Andreleita Walker
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Plaintiff: Interscope Records
Represented By: Mary Andreleita Walker
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Intervenor: United States of America
Represented By: Adam D Kirschner
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Defendant: Jammie Thomas
Represented By: Bryan L Bleichner
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