Arista Records LLC et al v. Lime Wire LLC et al Featured Case
Plaintiff: Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc. and Warner Bros. Records Inc.
Defendant: Lime Wire LLC, Lime Group LLC, Mark Gorton and M.J.G. Lime Wire Family Limited Partnership
Counter_claimant: Lime Wire LLC, Lime Group LLC and Mark Gorton
Counter_defendant: Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation and BMG Music
Movant: QTrax, Inc.
Amicus: Electronic Frontier Foundation et al.
Case Number: 1:2006cv05936
Filed: August 4, 2006
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Kimba M. Wood
Nature of Suit: Copyrights
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on March 5, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 7, 2011 Filing 750 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 10/21/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-cv-04822-KMW, 1:06-cv-05936-KMW -DCF(McGuirk, Kelly)
December 7, 2011 Filing 749 TRANSCRIPT of Proceedings re: Conference held on 10/21/2011 before Judge Kimba M. Wood. Court Reporter/Transcriber: Toni Stanley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2012. Redacted Transcript Deadline set for 1/12/2012. Release of Transcript Restriction set for 3/9/2012.Filed In Associated Cases: 1:11-cv-04822-KMW, 1:06-cv-05936-KMW -DCF(McGuirk, Kelly)
September 16, 2011 Filing 748 NOTICE of Satisfaction of Monetary Judgment. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
August 4, 2011 Filing 747 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/21/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 4, 2011 Filing 746 TRANSCRIPT of Proceedings re: Conference held on 6/21/2011 before Judge Kimba M. Wood. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/29/2011. Redacted Transcript Deadline set for 9/8/2011. Release of Transcript Restriction set for 11/7/2011.(McGuirk, Kelly)
July 19, 2011 Filing 745 RESPONSE re: Telephone Conference, Set Deadlines/Hearings,,. Document filed by Electronic Frontier Foundation et al.. (Turner, Robert)
July 6, 2011 Filing 744 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/21/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 6, 2011 Filing 743 TRANSCRIPT of Proceedings re: Conference held on 6/21/2011 before Judge Kimba M. Wood. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/1/2011. Redacted Transcript Deadline set for 8/11/2011. Release of Transcript Restriction set for 10/7/2011.(McGuirk, Kelly)
June 21, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Telephone Conference held on 6/21/2011. Defendants EFF Brief due by 7/19/2011, Reply due by 8/5/2011, Responses due by 7/29/2011. Stipulation re: Judge White due 6/24/11. The Court orders that parties will share the cost of transcript for this conference. (SEE TRANSCRIPT) (ft)
May 27, 2011 Filing 742 MOTION for Andrew P. Bridges to Appear Pro Hac Vice. Document filed by Electronic Frontier Foundation et al..(sjo)
May 24, 2011 Opinion or Order Filing 741 ORDER CLOSING CASE, PURSUANT TO THE TERMS OF THE CONSENT JUDGMENT ENTERED N THIS ACTION AND THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE AMONG THE PARTIES, IT IS HEREBY ORDERED THAT THE ABOVE-CAPTIONED ACTION IS CLOSED. The Consent Judgment remains in full force and effect. The Court shall retain jurisdiction to enforce the Consent Judgment, and the terms of the Settlement Agreement and Mutual Release, which are incorporated therein. The Consent Permanent Injunction entered in this action also remains in full force and effect. The Court shall retain jurisdiction to enforce the Consent Permanent Judgment. The Clerk of Court is directed to close this case. Any pending motions are moot. (Signed by Judge Kimba M. Wood on 5/23/11) (pl)
May 23, 2011 Opinion or Order Filing 740 ORDER: Because the parties settled this case after prospective jurors reported to the courthouse for jury selection, the parties are jointly and severally liable for paying $2400 in jury costs incurred. These costs are to be equally apportioned between the parties. Payments are to be made payable to the Clerk, United States District Court, Southern District of New York. (Signed by Judge Kimba M. Wood on 5/23/2011) (jfe)
May 23, 2011 Filing 739 SEALED DOCUMENT placed in vault.(mps)
May 23, 2011 Filing 738 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 5/12/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 23, 2011 Filing 737 TRANSCRIPT of Proceedings re: trial held on 5/12/2011 before Judge Kimba M. Wood. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2011. Redacted Transcript Deadline set for 6/27/2011. Release of Transcript Restriction set for 8/25/2011.(McGuirk, Kelly)
May 23, 2011 Filing 736 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 5/11/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 23, 2011 Filing 735 TRANSCRIPT of Proceedings re: trial held on 5/11/2011 before Judge Kimba M. Wood. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2011. Redacted Transcript Deadline set for 6/27/2011. Release of Transcript Restriction set for 8/25/2011.(McGuirk, Kelly)
May 23, 2011 Filing 734 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 5/9/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 23, 2011 Filing 733 TRANSCRIPT of Proceedings re: trial held on 5/9/2011 before Judge Kimba M. Wood. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2011. Redacted Transcript Deadline set for 6/27/2011. Release of Transcript Restriction set for 8/25/2011.(McGuirk, Kelly)
May 20, 2011 Filing 732 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 5/3/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 20, 2011 Filing 731 TRANSCRIPT of Proceedings re: trial held on 5/3/2011 before Judge Kimba M. Wood. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/13/2011. Redacted Transcript Deadline set for 6/23/2011. Release of Transcript Restriction set for 8/22/2011.(McGuirk, Kelly)
May 20, 2011 Filing 730 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 5/2/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 20, 2011 Filing 729 TRANSCRIPT of Proceedings re: trial held on 5/2/2011 before Judge Kimba M. Wood. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/13/2011. Redacted Transcript Deadline set for 6/23/2011. Release of Transcript Restriction set for 8/22/2011.(McGuirk, Kelly)
May 20, 2011 Filing 728 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 4/28/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 20, 2011 Filing 727 TRANSCRIPT of Proceedings re: Conference held on 4/28/2011 before Judge Kimba M. Wood. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/13/2011. Redacted Transcript Deadline set for 6/23/2011. Release of Transcript Restriction set for 8/22/2011.(McGuirk, Kelly)
May 20, 2011 Filing 726 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 4/27/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 20, 2011 Filing 725 TRANSCRIPT of Proceedings re: Trial held on 4/27/2011 before Judge Kimba M. Wood. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/13/2011. Redacted Transcript Deadline set for 6/23/2011. Release of Transcript Restriction set for 8/22/2011.(McGuirk, Kelly)
May 20, 2011 Filing 724 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 4/26/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 20, 2011 Filing 723 TRANSCRIPT of Proceedings re: Trial held on 4/26/2011 before Judge Kimba M. Wood. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/13/2011. Redacted Transcript Deadline set for 6/23/2011. Release of Transcript Restriction set for 8/22/2011.(McGuirk, Kelly)
May 12, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Jury Trial completed on 5/12/2011, case settled and jury dismissed. (cd)
May 11, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Jury Trial held on 5/11/2011. (cd)
May 11, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Settlement Conference held on 5/11/2011. (ab)
May 10, 2011 CASHIERS OFFICE REMARK on 714 Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 05/02/2011, Receipt Number 5570. (jd)
May 9, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Jury Trial held on 5/9/2011. (cd)
May 9, 2011 Minute Entry for proceedings held before Judge John F. Keenan (For Judge Kimba M. Wood): Settlement Conference held on 5/9/2011. (ab)
May 6, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Jury Trial held on 5/6/2011. Attorneys Kelly Klaus, Glenn Pomerantz, Jennifer Pariser, Blanca Young, Hailyn Chen and Melinda LeMoine are present for the plaintiffs. Attorneys Joseph Baio, Tariq Mundiya, Katharine Nora Monin, Rita Mitchell, John Oller, Mary Eaton and Todd Cosenza are present for the defendants. Court reporters Pamela Utter and Sam Mauro are present. Direct examination of Professor Ellis Horowitz continues; cross and re-direct. Plaintiffs call Jill Randell as their next witness; direct examination and cross. Plaintiffs call Paul Kahn as their next witness; direct examination, cross, re-direct and re-cross. (mbe)
May 5, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Jury Trial held on 5/5/2011. Attorneys Kelly Klaus, Glenn Pomerantz, Jennifer Pariser, Blanca Young, Hailyn Chen and Melinda LeMoine are present for the plaintiffs. Attorneys Joseph Baio, Tariq Mundiya, Katharine Nora Monin, Rita Mitchell, John Oller, Mary Eaton and Todd Cosenza are present for the defendants. Court reporters Pamela Utter and Sam Mauro are present. Direct examination of Zach Horowitz continues. Cross examination, re-direct and re-cross. Plaintiffs call Mitch Bainwol as their next witness; direct examination, cross examination, re-direct and re-cross. Plaintiffs call Theresa LaBarbera Whites as their next witness; direct examination and cross examination. Plaintiffs call Professor Ellis Horowitz as their next witness; direct examination. (mbe)
May 4, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Jury Trial held on 5/4/2011. Attorneys Kelly Klaus, Glenn Pomerantz, Jennifer Pariser, Blanca Young, Hailyn Chen and Melinda LeMoine are present for the plaintiffs. Attorneys Joseph Baio, Tariq Mundiya, Katharine Nora Monin, Rita Mitchell, John Oller, Mary Eaton and Todd Cosenza are present for the defendants. Court reporters Pamela Utter and Sam Mauro are present. Jury selection resumes. Jury empaneled and sworn. Opening statements. Direct examination of Zach Horowitz begins (mbe)
May 3, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Jury Trial begun on 5/3/2011. Attorneys Kelly Klaus, Glenn Pomerantz, Jennifer Pariser, Blanca Young, Hailyn Chen and Melinda LeMoine are present for the plaintiffs. Attorneys Joseph Baio, Tariq Mundiya, Katharine Nora Monin, Rita Mitchell, John Oller, Mary Eaton and Todd Cosenza are present for the defendants. Court reporters Pamela Utter and Sam Mauro are present. Jury selection begins. (mbe)
May 3, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Settlement Conference held on 5/3/2011. Judge's Decision: Settlement conference held, settlement unsuccessful. (djc)
May 3, 2011 CASHIERS OFFICE REMARK on 722 Motion to Appear Pro Hac Vice,, in the amount of $25.00, paid on 04/29/2011, Receipt Number 5451. (jd)
May 2, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Final Pretrial Conference and Voir Dire Hearing held on 5/2/2011. Deft sworn, and Voir Dire begin and completed.Decision reserved. (see transcript). Jury trial set for 5/3/2011 in Courtroom 18B, at 1pm. ( seetranscript). (tro)
May 2, 2011 Opinion or Order Filing 721 AMENDED OPINION AND ORDER: #98962 For the reasons stated above, the Court (1) DENIES Defendants motions to exclude evidence (D.E. 138, 140, 153, 165, 168); (2) GRANTS Plaintiffs motion for summary judgment on the claim against LW of inducement of copyright infringement, and DENIES LWs motion for summary judgment on the claim (D.E. 75, 108); (3) DENIES the parties cross-motions for summary judgment on the claim against LW of contributory copyright infringement (D.E. 75, 108); (4) DENIES LW's motion for summary judgment on the claim of vicarious copyright infringement (D.E. 108); (5) GRANTS Plaintiffs' motion for summary judgment on their claims against L W of common law copyright infringement and unfair competition, and DENIES Defendants' motion for summary judgment on these claims (D.E. 75, 101, 108); (6) GRANTS Plaintiffs' motions for summary judgment on the claims against Gorton and Lime Group for inducement of copyright infringement, common law infringement, and unfair competition, and DENIES Defendants' motions for summary judgment on these claims (D.E. 75, 101); (7) DENIES the parties' motions for summary judgment on the claims against Gorton and Lime Group for contributory copyright infringement and vicarious copyright infringement (D.E. 75, 101); and (8) DENIES Gorton's and Lime Wire FLP's motion for summary judgment on the fraudulent conveyance and unjust enrichment claims (D.E. 101). (Signed by Judge Kimba M. Wood on 4/28/2011) (jpo) Modified on 5/6/2011 (ajc).
May 2, 2011 Opinion or Order Filing 720 OPINION AND ORDER: #100284 For the foregoing reasons, Plaintiffs motion to preclude portions of the testimony of Emin Gun Sirer, George Strong and Aram Sinnreich (Dkt. Entry No. 572) are DENIED in part and GRANTED in part. As to certain specific matters arising under Rule 403 of the Federal Rules of Evidence, the Court reserves judgment. (Signed by Judge Kimba M. Wood on 4/29/2011) (jfe) Modified on 5/6/2011 (ajc).
April 29, 2011 Opinion or Order Filing 722 MOTION for Kevin Goldman to Appear Pro Hac Vice. Document filed by Arista Music, fka BMG Music, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(mbe)
April 29, 2011 Opinion or Order Filing 719 OPINION AND ORDER #100283 for the foregoing reasons granting re: 690 MOTION in Limine TO PRECLUDE DEFENDANTS ARGUMENT THAT OTHER ILLEGAL SERVICES WOULD HAVE INDUCED INFRINGEMENT OF PLAINTIFFS COPYRIGHTS IF LIME WIRE HAD NOT, filed by Arista Music, fka BMG Music, Elektra Entertainment Group Inc., Capitol Records, LLC, fka Capitol Records, Inc., Motown Record Company, L.P., Atlantic Recording Corporation, Warner Bros. Records Inc., Laface Records LLC, Virgin Records America, Inc., Priority Records LLC, Capitol Records, Inc., BMG Music, UMG Recordings, Inc., Elektra Entertainment Group, Inc., Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, Interscope Records, Arista Records LLC. (Signed by Judge Kimba M. Wood on 4/29/11) (cd) Modified on 5/6/2011 (ajc).
April 29, 2011 Opinion or Order Filing 718 AMENDED OPINION AND ORDER #100146 that for the reasons stated herein, Plaintiffs' Motion for Partial Summary Judgment (Doc #420) Regarding Ownership is GRANTED in part and DENIED in part. Plaintiffs' Motion for Partial Summary Judgment (Doc #430) Regarding Direct Infringement is GRANTED, and as further set forth in this document. (Signed by Judge Kimba M. Wood on 4/28/11) (cd) Modified on 5/6/2011 (ajc).
April 29, 2011 Opinion or Order Filing 717 NOTICE of Plaintiffs' Second Amended Final List of Sound Recordings Pursuant to April 27, 2011 Order. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B)(Lemoine, Melinda)
April 28, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Initial Pretrial Conference held on 4/28/2011. Attorney Kelly Klaus is present by telephone for the plaintiffs. Attorneys Joseph Baio, Tariq Mundiya and John Oller are present by telephone for the defendants. Court reporter is present. Pretrial telephone conference is held (see transcript). Pretrial conference will continue on Monday, May 2 at 11:00 a.m. (mbe)
April 28, 2011 Opinion or Order Filing 716 ENDORSED LETTER addressed to Judge Kimba M. Wood from Avani Shah, dated 4/28/2011, re: As per our discussion with your courtroom deputy, I write requesting permission to move certain documents into the Courthouse in advance of the May 3, 2011 trial in the above-referenced case. ENDORSEMENT: SO ORDERED. (Signed by Judge Kimba M. Wood on 4/28/2011) (lnl)
April 28, 2011 Opinion or Order Filing 715 ENDORSED LETTER addressed to Judge Kimba M. Wood from Blanca Young, dated 4/26/2011, re: I write pursuant to our discussion with your courtroom deputy requesting permission to set up equipment in Courtroom l8-B for the May 2, 2011 trial. Pursuant to your Deputy's instructions, we will arrive to set up the equipment discussed below on Friday, April 29, at 12:00 p.m. ENDORSEMENT: SO ORDERED. (Signed by Judge Kimba M. Wood on 4/28/2011) (lnl)
April 28, 2011 Opinion or Order Filing 714 ORDER FOR ADMISSION PRO HAC VICE ON ORAL MOTION, that Andrew P. Bridges is admitted pro hac vice to appear for all purposes as counsel for Fred von Lohmann and Electronic Frontier Foundation. Attorney Andrew P. Bridges for Electronic Frontier Foundation et al. admitted Pro Hac Vice. (Signed by Judge Kimba M. Wood on 4/27/2011) (lnl)
April 27, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Initial Pretrial Conference held on 4/27/2011, Attorneys Kelly Klaus, Glenn Pomerantz, Blanca Young, Hailyn Chen and Melinda LeMoine are present for the plaintiffs. Attorneys Joseph Baio, Tariq Mundiya, John Oller and Todd Cosenza are present for the defendants. Court reporter is present. Pretrial conference continues (see transcript). The Court questions attorney Andrew P. Bridges. Pretrial conference will continue on Monday, May 2 at 11:00 a.m.. (mbe)
April 27, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Attorneys Kelly Klaus, Glenn Pomerantz, Jennifer Pariser, Blanca Young, Melinda LeMoine and Hailyn Chen are present for the plaintiffs. Attorneys Joseph Baio, Tariq Mundiya, Katharine Nora Monin and John Oller are present for the defendants. Court reporter is present. Pretrial conference is held (see transcript). Court rules on motions from the bench: Plaintiff's Motion: Dkt Entry No. 692 (Motion in Limine To Preclude Evidence Or Argument Inconsistent With Facts Established At Summary Judgment) Rulings: (1) The Court grants Plaintiffs request to preclude any evidence or argument inconsistent with the facts established as a matter of law in the May 2010 decision; (2) Because genuine issues of material fact exist as to whether hash-based analysis can conclusively determine the existence or the extent of digital file-sharing, Plaintiffs motion to preclude Defendants from offering evidence and argument on this matter is DENIED. (3) Defendants are precluded from offering argument or evidence that is inconsistent with the Court's determination that Defendants' conduct was "willful" within the meaning of the Section 504(c)(2) of the Copyright Act. (4) Defendants are precluded from introducing evidence or argument on (a) Plaintiffs purported failure to provide Defendants with lists of copyrighted recordings and hash contents; and (b) other distributors filtering difficulties. Defendant's Motion: Dkt Entry No. 651 (Motion in Limine #1 To Preclude Certain References to The Courts Statements, Opinions, Or Conclusions In The May 25, 2010 Opinion and Order Granting Summary Judgment) Rulings: The Court reserves decision on Rule 403 determinations until trial, when the matters can be judged in context. However, the Court gives the following general guidance. (a) The parties will not be permitted to inform the jury of any rulings not articulated in the Courts opening jury instructions,unless the Court specifically grants an application to make a particular reference, during trial but outside the presence of the jury. (b) The Court is likely to permit counsel to inform the jury of rulings that established relevant facts. (c) Any such references are likely to be permitted only to the extent that the words used are necessary to convey to the jury the legal determination at issue. (d) The parties shall not personalize the Judge's role in adjudicating previous decisions in this matter. No portion of the Courts decisions may be read to the jury. (mbe) (mbe)
April 27, 2011 MEMORANDUM TO THE DOCKET CLERK: Attorneys Kelly Klaus, Glenn Pomerantz, Jennifer Pariser, Blanca Young, Melinda LeMoine and Hailyn Chen are present for the plaintiffs. Attorneys Joseph Baio, Tariq Mundiya, Katharine Nora Monin and John Oller are present for the defendants. Court reporter is present. Pretrial conference is held (see transcript). Court rules on motions from the bench: Plaintiff's Motion: Dkt Entry No. 692 (Motion in Limine To Preclude EvidenceOr Argument Inconsistent With Facts Established At Summary Judgment) Rulings: (1) The Court grants Plaintiffs request to preclude any evidence or argument inconsistent with the facts established as a matter of law in the May 2010 decision; (2) Because genuine issues of material fact exist as to whether hash-based analysis can conclusively determine the existence or the extent of digital file-sharing, Plaintiffs motion to preclude Defendants from offering evidence and argument on this matter is DENIED. (3) Defendants are precluded fromoffering argument or evidence that is inconsistent with the Court's determination that Defendants' conduct was "willful" within the meaning of the Section 504(c)(2) of the Copyright Act. (4) Defendants are precluded from introducing evidence or argument on (a) Plaintiffs purported failure to provide Defendants with lists of copyrighted recordings and hash contents; and (b) other distributors filtering difficulties. Defendant's Motion: Dkt Entry No. 651 (Motion in Limine #1 To Preclude Certain References to The Courts Statements, Opinions, Or Conclusions In The May 25, 2010 Opinion and Order Granting Summary Judgment) Rulings: The Court reserves decision on Rule 403 determinationsuntil trial, when the matters can be judged in context. However, the Court gives the following general guidance. (a) The parties will not be permitted to inform the jury of any rulings not articulated in the Courts opening jury instructions,unless the Court specifically grants an application to make a particular reference, during trial but outside the presence of the jury. (b) The Court is likely to permit counsel to inform the jury of rulings that established relevant facts. (c) Any such references are likely to be permitted only to the extent that the words used are necessary to convey to the jury the legal determination at issue. (d) The parties shall not personalize the Judge's role in adjudicating previous decisions in this matter. No portion of the Courts decisions may be read to the jury. (mbe)
April 27, 2011 Filing 713 NOTICE of of Amended List of Final Sound Recordings re: 665 Memorandum & Opinion,,,,. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B)(Lemoine, Melinda)
April 26, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Discovery Hearing held on 4/26/2011 at 10:00 a.m. for the duration of 1 hour. Discovery conference held. (js)
April 26, 2011 Opinion or Order Filing 712 ORDER. In May 2010, this Court granted summary judgment in favor of Plaintiffs on their claims against Defendants Lime Wire LLC, Lime Group LLC, and Mark Gorton (collectively, "Defendants") for secondary copyright infringement. See Arista Records LLC v. Lime Group LLC, 715 F. Supp. 2d 481 (S.D.N.Y. 2010) (the "May 2010 decision"). The parties dispute whether the Court's findings in the May 2010 decision established, as a matter of law, that Defendants' conduct was "willful" within the meaning of Section 504(c)(2) of the Copyright Act, 17 U.S.C. § 504(c)(2). See Bryant v. Media Right Prods., Inc., 603 F.3d 135, 143 (2d Cir. 2010) ("A copyright holder seeking to prove that a copier's infringement was willful [under Section 504(c)(2)] must show that the infringer had knowledge that its conduct represented infringement or... recklessly disregarded the possibility.") (internal quotations omitted) (emphasis added). The Court's May 2010 decision did establish, as a matter of law, that Defendants' conduct was "willful" within the meaning of Section 504(c)(2). See, e.g., Lime Group LLC, 715 F. Supp. 2d at 509 (finding that "LW intended to encourage infringement by distributing LimeWire" based in part on "LW's awareness of substantial infringement by users") (emphasis added); id. at 510 ("The massive scale of infringement committed by LimeWire users, and LW's knowledge of that infringement, supports a finding that LW intended to induce infringement.") (emphasis added); id. at 522 (finding that "Gorton knew about the infringement being committed through LimeWire") (emphasis added). (Signed by Judge Kimba M. Wood on 4/25/11) (djc)
April 26, 2011 Filing 711 SEALED DOCUMENT placed in vault.(mps)
April 25, 2011 Opinion or Order Filing 710 ORDER GRANTING INTERNET CONNECTIVITY AND REMOTE REAL TIME TRANSCRIPT FEEDS THROUGH COURTROOM CONNECT FOR DURATION OF TRIAL. I hereby authorize Courtroom Connect, a Southern District of New York contracted vendor, to provide parties in this matter with Internet connectivity and Remote Real Time Transcript feeds for the duration of the proceedings, set to begin on Monday, May 2, 2011. Courtroom Connect can proceed to make proper arrangements with the District Executive Office of the Court and the official court reporter. The approved attorneys and parties or the case are allowed to bring in the necessary electronic computing devices to connect to the Courtroom Connect service. ENDORSEMENT: Counsel shall contact the District Executive, Mr. Ed Friedland, to coordinate the above-referenced arrangements (212-805-0500). (Signed by Judge Kimba M. Wood on 4/25/2011) (rjm)
April 25, 2011 Opinion or Order Filing 709 ORDER. The Court will issue an amended version of the May 2010 decision that reflects the changes as set forth in said order. (Signed by Judge Kimba M. Wood on 4/25/2011) (rjm)
April 25, 2011 Opinion or Order Filing 708 STIPULATION AND ORDER RESOLVING REMAINING OWNERSHIP DISPUTES. It is hereby stipulated and agreed as follows: 1. Defendants do not dispute Plaintiffs' ownership of the tracks at issue on the attached Schedule A, totaling 9,715 post-1972 copyrighted works; and 2. Defendants do not dispute Plaintiffs' ownership of the tracks at issue on the attached Schedule B, totaling 1,489 pre-1972 works; 3. Defendants do not dispute that Plaintiffs owned the works on Schedules A and B at all relevant times in this lawsuit. 4. This stipulation resolves only the issue of ownership of the works on Schedules A and B, and is without prejudice to the parties' respective positions on the applicability of Section 412 of the Copyright Act. (Signed by Judge Kimba M. Wood on 4/21/2011) (rjm)
April 25, 2011 Filing 707 ENDORSED LETTER addressed to Judge Kimba M. Wood from Glenn D. Pomerantz dated 4/18/11 re: Plaintiffs respectfully request, therefore, that the Court order Defendants to make Mr. Searle available for deposition. ENDORSEMENT: Having reviewed defendants' arguments made in their letter dated 4/19/11, I order that this request be granted. He shall be made available this week, if plaintiffs wish to depose him this week. So ordered. (Signed by Judge Kimba M. Wood on 4/19/2011) (rjm)
April 25, 2011 Opinion or Order Filing 706 ORDER. Plaintiffs shall have the opportunity to depose Von Lohmann, if possible, on this coming Monday, April 25, 2011. The parties shall be prepared to discuss the status of this matter with the Court at the pretrial conference beginning on Tuesday, April 26, 2011. (Signed by Judge Kimba M. Wood on 4/22/2011) (rjm)
April 21, 2011 Filing 705 DECLARATION of Susan Traub Boyd in Support re: 694 MOTION in Limine TO PRECLUDE DEFENDANTS FROM ASSERTING PRIVILEGE OVER COMMUNICATIONS WITH FRED VON LOHMANN OR THE ELECTRONIC FRONTIER FOUNDATION.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Boyd, Susan)
April 21, 2011 Filing 704 REPLY to Response to Motion re: 694 MOTION in Limine TO PRECLUDE DEFENDANTS FROM ASSERTING PRIVILEGE OVER COMMUNICATIONS WITH FRED VON LOHMANN OR THE ELECTRONIC FRONTIER FOUNDATION. PLAINTIFFS FURTHER SUBMISSION REGARDING MOTION IN LIMINE TO PRECLUDE DEFENDANTS FROM ASSERTING PRIVILEGE OVER COMMUNICATIONS WITH FRED VON LOHMANN OR THE ELECTRONIC FRONTIER FOUNDATION. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Boyd, Susan)
April 21, 2011 Filing 703 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Materials Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Mundiya, Tariq)
April 21, 2011 Filing 702 DECLARATION of Tariq Mundiya in Opposition re: 694 MOTION in Limine TO PRECLUDE DEFENDANTS FROM ASSERTING PRIVILEGE OVER COMMUNICATIONS WITH FRED VON LOHMANN OR THE ELECTRONIC FRONTIER FOUNDATION.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Mundiya, Tariq)
April 21, 2011 Filing 701 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 694 MOTION in Limine TO PRECLUDE DEFENDANTS FROM ASSERTING PRIVILEGE OVER COMMUNICATIONS WITH FRED VON LOHMANN OR THE ELECTRONIC FRONTIER FOUNDATION.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Mundiya, Tariq)
April 21, 2011 Opinion or Order Filing 700 OPINION AND ORDER: #100245 In conclusion, Plaintiffs shall be permitted to introduce evidence and argument concerning Gortons transfer of assets into all six family limited partnerships, and the value of those assets transferred, including those assets currently being held by Gorton himself, and the interest of Gortons family members in the family limited partnerships. However, this evidence is relevant only (1) to Plaintiffs' fraudulent conveyance claim; and (2) if and when there has been a determination by the jury that punitive damages are warranted. Accordingly, the parties shall be prepared to discuss with the Court-at the pretrial conference on April 25, 2011 how evidence of Gorton's transfers into family limited partnerships should be presented to the jury in light of the Court's opinion. (Signed by Judge Kimba M. Wood on 4/21/2011) (jpo) Modified on 4/27/2011 (ajc).
April 20, 2011 Filing 699 PROPOSED VOIR DIRE QUESTIONS. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
April 20, 2011 Filing 698 PROPOSED VOIR DIRE QUESTIONS. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
April 20, 2011 Opinion or Order Filing 697 ENDORSED LETTER addressed to Judge Kimba M. Wood from Melinda E. LeMoine, dated 4/18/2011, re: Counsel for plaintiffs writes to request to have until 5:00 P.M. today to submit their final list of sound recordings, which is otherwise due to Court at noon. Plaintiffs have spoken to Defendants, and they do not object to this brief extension. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/18/2011) (lnl)
April 20, 2011 Opinion or Order Filing 696 OPINION AND ORDER: #100244 Plaintiffs' motion is GRANTED. Defendants are precluded from offering evidence or argument at trial regarding their purported belief in the lawfulness of their conduct. SO ORDERED. (See OPINION AND ORDER as set forth) (Per Supvr. use scan date as file date) (Signed by Judge Kimba M. Wood on 4/14/2011) (lnl) Modified on 4/27/2011 (ajc).
April 18, 2011 Filing 695 NOTICE of PLAINTIFFS' FINAL LIST OF SOUND RECORDINGS re: 665 Memorandum & Opinion,,,,. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B, # 4 Exhibit C)(Lemoine, Melinda)
April 15, 2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Motion Hearing held on 4/15/2011 The Court directs the Clerk of Court to term doc. # 533 as withdrawn by counsel and directs the Plaintiff to refile each motion in limine separately (see doc. # 690, 691, 692, 693, 694, as refiled). The Court Grants Plaintiffs motion in limine (doc. # 693), and Grants Defts motion in limine (doc. # 657), and Denies Defts motion in limine (doc. # 660). Jury trial set for May 3rd, 2011 at 10am in Courtroom 18B. ( see transcript). ( Jury Trial set for 5/3/2011 at 10:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Kimba M. Wood.). (mbe)
April 14, 2011 Filing 694 MOTION in Limine TO PRECLUDE DEFENDANTS FROM ASSERTING PRIVILEGE OVER COMMUNICATIONS WITH FRED VON LOHMANN OR THE ELECTRONIC FRONTIER FOUNDATION. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda)
April 14, 2011 Filing 693 MOTION in Limine TO PRECLUDE EVIDENCE OR ARGUMENT CONCERNING PRIOR SETTLEMENT DISCUSSIONS. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda)
April 14, 2011 Filing 692 MOTION in Limine TO PRECLUDE EVIDENCE OR ARGUMENT INCONSISTENT WITH FACTS ESTABLISHED AT SUMMARY JUDGMENT. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda)
April 14, 2011 Filing 691 MOTION in Limine TO PRECLUDE ANY ARGUMENT OR EVIDENCE CONCERNING DEFENDANTS PURPORTED BELIEF IN THE LAWFULNESS OF THEIR CONDUCT. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda)
April 14, 2011 Filing 690 MOTION in Limine TO PRECLUDE DEFENDANTS ARGUMENT THAT OTHER ILLEGAL SERVICES WOULD HAVE INDUCED INFRINGEMENT OF PLAINTIFFS COPYRIGHTS IF LIME WIRE HAD NOT. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda)
April 13, 2011 Opinion or Order Filing 689 ORDER: Pretrial Conference set for 4/14/2011 at 10:00 AM before Judge Kimba M. Wood. The parties shall be prepared to discuss all of their motions in limine. The Court may discuss more in depth, as further set forth in this Order. Finally, counsel shall submit to the Court by 5:00 p.m. on Wednesday, 4/13/2011, a description of any other cases where a plaintiff's claim for statutory damage awards under the Copyright Act has gone to a jury, including the caption, date, and judge for each case. (Signed by Judge Kimba M. Wood on 4/12/2011) (tro) Modified on 4/14/2011 (tro).
April 11, 2011 Filing 688 DECLARATION of Todd G. Cosenza in Support re: 660 MOTION in Limine #4 To Preclude Mitch Bainwol And Teresa LaBarbera White From Testifying At Trial.. Document filed by Arista Records LLC, Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Eaton, Mary)
April 11, 2011 Filing 687 REPLY MEMORANDUM OF LAW in Support re: 660 MOTION in Limine #4 To Preclude Mitch Bainwol And Teresa LaBarbera White From Testifying At Trial.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Eaton, Mary)
April 11, 2011 Filing 686 DECLARATION of Tariq Mundiya in Support re: 654 MOTION in Limine #2 To Exclude Evidence and Argument Concerning Defendant Mark Gorton's Net Worth and Sources of Income Unrelated to Lime Wire Prior to Any Determination That Punitive Damages Are Appropriate.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mundiya, Tariq)
April 11, 2011 Filing 685 REPLY MEMORANDUM OF LAW in Support re: 654 MOTION in Limine #2 To Exclude Evidence and Argument Concerning Defendant Mark Gorton's Net Worth and Sources of Income Unrelated to Lime Wire Prior to Any Determination That Punitive Damages Are Appropriate.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Mundiya, Tariq)
April 11, 2011 Filing 684 DECLARATION of John R. Oller in Support re: 657 MOTION in Limine #3 To Exclude Evidence and Argument Concerning Certain Non-Parties' Invocation of the Fifth Amendment Privilege Against Self-Incrimination.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Oller, John)
April 11, 2011 Filing 683 REPLY MEMORANDUM OF LAW in Support re: 657 MOTION in Limine #3 To Exclude Evidence and Argument Concerning Certain Non-Parties' Invocation of the Fifth Amendment Privilege Against Self-Incrimination.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Oller, John)
April 11, 2011 Opinion or Order Filing 682 OPINION AND ORDER: #100196 For the foregoing reasons, the Court finds that Defendants would be unduly prejudiced if Plaintiffs were permitted, just one month before trial, to amend their election of remedies to seek actual (rather than statutory) damages for some subset of their post-1972 sound recordings, particularly considering the fact that, for months, Defendants have been denied broader discovery precisely because Plaintiffs were seeking statutory, not actual damages. As noted above, Defendants allege that Plaintiffs were late in registering the copyrights of 1,322 of their post-1972 sound recordings. In keeping with Judge Freemans earlier Report and Recommendation, the Undersigned ordered Plaintiffs to produce "documents or information sufficient to show the earliest dates that each of the allegedly 1,322 late-registered works was downloaded on the LimeWire system." (Dkt. Entry No. 630, at 8.) On April 1, Plaintiffs informed Defendants that they "do not have anything further to produce" beyond what they have already provided to Defendant. (Defendants' April 5, 2011 Letter, Ex. 2.) Defendants now contend that Plaintiffs do, in fact, have information regarding when their sound recordings first appeared on the LimeWire site. (Defendants' April 5, 2011 Letter, at 3.) The parties are ordered to meet and confer in good faith with respect to any discovery necessary to determine which post-1972 sound recordings must now be omitted from Plaintiffs' final song list pursuant to this Court's ruling on Section 412. Any discovery disputes are hereby referred to Magistrate Judge Freeman. The parties shall file their letters concerning this instant issue of prejudice (submitted by the Defendants on April 1 and April 5, 2011, and by Plaintiffs on April 4, 2011) publicly on ECF. The Court reminds the parties that Plaintiffs shall submit their final list of sound recordings (final versions of Schedule A and Schedule B) by Friday, April 15, at 5:00 p.m. (Signed by Judge Kimba M. Wood on 4/11/2011) (jfe) Modified on 4/12/2011 (ad). Modified on 4/12/2011 (ajc).
April 11, 2011 Filing 681 DECLARATION of Rita D. Mitchell in Support re: 651 MOTION in Limine #1 To Preclude Certain References To the Court's Statements, Opinions, Or Conclusions In The May 25, 2010 Opinion And Order Granting Summary Judgment.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Baio, Joseph)
April 11, 2011 Filing 680 REPLY MEMORANDUM OF LAW in Support re: 651 MOTION in Limine #1 To Preclude Certain References To the Court's Statements, Opinions, Or Conclusions In The May 25, 2010 Opinion And Order Granting Summary Judgment.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Baio, Joseph)
April 8, 2011 Opinion or Order Filing 679 ORDER. Plaintiffs propose a number of lengthy voir dire questions that the Court would like to discuss at the first pretrial conference, to be held on Tuesday, April 14, 2011, at 10:00 a.m. Counsel are requested to provide to the Court, by 5:00 p.m. on Monday, April 11, answers to the following questions as set forth herein. (Pretrial Conference set for 4/14/2011 at 10:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 4/7/11) (djc)
April 7, 2011 Opinion or Order Filing 678 OPINION AND ORDER. #100195 For the foregoing reasons, Defendants' motion for partial summary judgment is DENIED. Plaintiffs may seek to recover from Defendants a statutory damage award with respect to those 104 works for which Plaintiffs have recovered from an individual direct infringer. However, it will be permissible for the fact-finder to consider that Plaintiffs have already recovered for some portion of the infringement that Defendants induced with respect to those works. (Signed by Judge Kimba M. Wood on 4/6/11) (rjm) Modified on 4/7/2011 (rjm). Modified on 4/12/2011 (ajc).
April 6, 2011 Filing 677 MOTION to Seal Document. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Pomerantz, Glenn)
April 6, 2011 Filing 676 DECLARATION of George M. Borkowski in Opposition re: 660 MOTION in Limine #4 To Preclude Mitch Bainwol And Teresa LaBarbera White From Testifying At Trial.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Pomerantz, Glenn)
April 6, 2011 Filing 675 DECLARATION of Melinda E. LeMoine in Opposition re: 660 MOTION in Limine #4 To Preclude Mitch Bainwol And Teresa LaBarbera White From Testifying At Trial.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Pomerantz, Glenn)
April 6, 2011 Filing 674 MEMORANDUM OF LAW in Opposition re: 660 MOTION in Limine #4 To Preclude Mitch Bainwol And Teresa LaBarbera White From Testifying At Trial.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Pomerantz, Glenn)
April 6, 2011 Filing 673 DECLARATION of Kelly M. Klaus in Opposition re: 657 MOTION in Limine #3 To Exclude Evidence and Argument Concerning Certain Non-Parties' Invocation of the Fifth Amendment Privilege Against Self-Incrimination.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Pomerantz, Glenn)
April 6, 2011 Filing 672 MEMORANDUM OF LAW in Opposition re: 657 MOTION in Limine #3 To Exclude Evidence and Argument Concerning Certain Non-Parties' Invocation of the Fifth Amendment Privilege Against Self-Incrimination.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Pomerantz, Glenn)
April 6, 2011 Filing 671 DECLARATION of Kelly M. Klaus in Opposition re: 654 MOTION in Limine #2 To Exclude Evidence and Argument Concerning Defendant Mark Gorton's Net Worth and Sources of Income Unrelated to Lime Wire Prior to Any Determination That Punitive Damages Are Appropriate.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Pomerantz, Glenn)
April 6, 2011 Filing 670 MEMORANDUM OF LAW in Opposition re: 654 MOTION in Limine #2 To Exclude Evidence and Argument Concerning Defendant Mark Gorton's Net Worth and Sources of Income Unrelated to Lime Wire Prior to Any Determination That Punitive Damages Are Appropriate.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Pomerantz, Glenn)
April 6, 2011 Filing 669 MEMORANDUM OF LAW in Opposition re: 651 MOTION in Limine #1 To Preclude Certain References To the Court's Statements, Opinions, Or Conclusions In The May 25, 2010 Opinion And Order Granting Summary Judgment.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Pomerantz, Glenn)
April 6, 2011 CASHIERS OFFICE REMARK on 648 Motion to Appear Pro Hac Vice,, in the amount of $25.00, paid on 03/25/2011, Receipt Number 933104. (jd)
April 5, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Glenn D. Pomerantz to E-MAIL Document No. 666 Joint Pretrial Order to judgments@nysd.uscourts.gov. This document is not filed via ECF. (ka)
April 4, 2011 Filing 668 MOTION to Seal Document 667 Trial Brief,,. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
April 4, 2011 Filing 667 TRIAL BRIEF. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
April 4, 2011 Filing 666 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - JOINT PRETRIAL STATEMENT (Pretrial Order). Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A - Plaintiffs Trial Exhibit List, # 2 Exhibit B - Defendants Trial Exhibit List, # 3 Exhibit C - Jont Trial Exhibit List, # 4 Exhibit D - Plaintiffs' Depo Designations, # 5 Exhibit E - Defendants' Depo Designations, # 6 Exhibit F - Excerpts LW Priv Log, # 7 Exhibit G - LeMoine Letter)(Pomerantz, Glenn) Modified on 4/5/2011 (ka).
April 4, 2011 Opinion or Order Filing 665 OPINION AND ORDER: #100188 In conclusion, Plaintiffs may recover a statutory damage award with respect to each sound recording that (1) Plaintiffs made available as an individual track, and (2) that was infringed on the LimeWire system during the time period in which it was issued as an individual track. However, for those sound recordings that Plaintiffs issued only as part of an album, Plaintiffs can recover only one statutory damage award for that album, not for each individual sound recording. Plaintiffs shall state on their final song list, to be submitted by Friday, April 15, 2011, at 5:00 p.m., which sound recordings were issued as individual tracks during the same time period that that sound recording was infringed on the LimeWire system. The parties shall meet and confer in good faith with respect to any necessary discovery regarding this issue. Any disputes that may arise with respect to this discovery are hereby referred to Magistrate Judge Freeman. (Signed by Judge Kimba M. Wood on 4/4/2011) (jfe) Modified on 4/7/2011 (ajc).
April 4, 2011 ***DELETED DOCUMENT. Deleted document number 665 order of reference. The document was incorrectly filed in this case. (cd)
April 1, 2011 Opinion or Order Filing 664 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 648 Motion for Blanca F. Young to Appear Pro Hac Vice for plaintiffs. (Signed by Magistrate Judge Debra C. Freeman on 4/1/11) (cd)
March 30, 2011 Filing 663 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Materials Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Eaton, Mary)
March 30, 2011 Filing 662 DECLARATION of Mary Eaton in Support re: 660 MOTION in Limine #4 To Preclude Mitch Bainwol And Teresa LaBarbera White From Testifying At Trial.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Eaton, Mary)
March 30, 2011 Filing 661 MEMORANDUM OF LAW in Support re: 660 MOTION in Limine #4 To Preclude Mitch Bainwol And Teresa LaBarbera White From Testifying At Trial.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Eaton, Mary)
March 30, 2011 Filing 660 MOTION in Limine #4 To Preclude Mitch Bainwol And Teresa LaBarbera White From Testifying At Trial. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Eaton, Mary)
March 30, 2011 Filing 659 DECLARATION of John R. Oller in Support re: 657 MOTION in Limine #3 To Exclude Evidence and Argument Concerning Certain Non-Parties' Invocation of the Fifth Amendment Privilege Against Self-Incrimination.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Oller, John)
March 30, 2011 Filing 658 MEMORANDUM OF LAW in Support re: 657 MOTION in Limine #3 To Exclude Evidence and Argument Concerning Certain Non-Parties' Invocation of the Fifth Amendment Privilege Against Self-Incrimination.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Baio, Joseph)
March 30, 2011 Filing 657 MOTION in Limine #3 To Exclude Evidence and Argument Concerning Certain Non-Parties' Invocation of the Fifth Amendment Privilege Against Self-Incrimination. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Baio, Joseph)
March 30, 2011 Filing 656 DECLARATION of Tariq Mundiya in Support re: 654 MOTION in Limine #2 To Exclude Evidence and Argument Concerning Defendant Mark Gorton's Net Worth and Sources of Income Unrelated to Lime Wire Prior to Any Determination That Punitive Damages Are Appropriate.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mundiya, Tariq)
March 30, 2011 Filing 655 MEMORANDUM OF LAW in Support re: 654 MOTION in Limine #2 To Exclude Evidence and Argument Concerning Defendant Mark Gorton's Net Worth and Sources of Income Unrelated to Lime Wire Prior to Any Determination That Punitive Damages Are Appropriate.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Mundiya, Tariq)
March 30, 2011 Filing 654 MOTION in Limine #2 To Exclude Evidence and Argument Concerning Defendant Mark Gorton's Net Worth and Sources of Income Unrelated to Lime Wire Prior to Any Determination That Punitive Damages Are Appropriate. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Mundiya, Tariq)
March 30, 2011 Filing 653 DECLARATION of Rita D. Mitchell in Support re: 651 MOTION in Limine #1 To Preclude Certain References To the Court's Statements, Opinions, Or Conclusions In The May 25, 2010 Opinion And Order Granting Summary Judgment.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Baio, Joseph)
March 30, 2011 Filing 652 MEMORANDUM OF LAW in Support re: 651 MOTION in Limine #1 To Preclude Certain References To the Court's Statements, Opinions, Or Conclusions In The May 25, 2010 Opinion And Order Granting Summary Judgment.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Baio, Joseph)
March 30, 2011 Filing 651 MOTION in Limine #1 To Preclude Certain References To the Court's Statements, Opinions, Or Conclusions In The May 25, 2010 Opinion And Order Granting Summary Judgment. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Baio, Joseph)
March 30, 2011 Opinion or Order Filing 650 ORDER: On March 18, 2011, the Court ordered Defendants to file in unredacted form certain materials that Defendants had submitted in support of its motions and filings. (See Dkt. Entry No. 631.) On March 24, 2011, Plaintiffs moved to seal several of those materials. (See Dkt. Entry No. 640.) Plaintiffs modified their motion with a letter dated March 28, 2011. Defendants do not oppose Plaintiffs' request to file these materials under seal. The Court has reviewed Plaintiffs' submissions and hereby GRANTS Plaintiffs' request to seal: 1. Defendants' Exhibits 2-7 and 11-13 to the Declaration of Thomas Mcloro in Opposition to Plaintiffs' Motion for Partial Summary Judgment re: Ownership (Dkt. Entry No. 498.) 2. Defendants' Exhibits K, L, M, P, and Q to the Declaration of Dan Kozusko in support of Defendants' Response to MySpace's Objections (Dkt. Entry No. 513.) 3. Defendants' Exhibits 2 and 3 to the Declaration of Amina Jafri in Opposition to Plaintiffs' Motion to Exclude Sirer (Dkt. Entry No. 617.) 4. Defendants' Exhibits A and G to the Declaration of Tariq Mundiya in Opposition to Plaintiffs' Motion to Exclude Strong (Dkt. Entry No. 620.). (Signed by Judge Kimba M. Wood on 3/30/2011) (ae)
March 30, 2011 Opinion or Order Filing 649 OPINION AND ORDER: #100146 For the foregoing reasons, (a)Plaintiffs' motion for partial summary judgment on Plaintiffs ownership or control of the works at issue (Dckt. Entry No. 420) is (1) GRANTED as to the 55 disputed sound recordings referenced in SUF 271-273; (2) GRANTED as to the 96 disputed sound recordings referenced in SUF 237-241; (3) DENIED as to the 207 disputed sound recordings referenced in SUF 155, 181, 186-200, 218, 245, 247, 248, 284-286, 329, 330, 353, 355, 371; and (4)GRANTED as to the 39 disputed sound recordings referenced in SUF 33, 39, 43, 52, 78, 83,84, 85.(b) Plaintiffs shall have the opportunity to submit any further evidence with regard to ownership of the sound recordings for which summary judgment has been denied. Plaintiffs shall submit such evidence (and any related legal argument) no later than April 4, 2011. Defendants shall submit any briefing regarding this evidence no later than April 7, 2011 Plaintiffs Reply, if any, shall be due at the close of business on April 8, 2011. Initial briefs on this issue are limited to no more than eight (8) pages. The reply, if any, is limited to five (5)pages. The parties will be permitted to supplement the Pre-Trial Order with any evidence and witnesses who become relevant only by virtue of the Courts order regarding these submissions.Any such supplementation will be permitted within 48 hours of any such order.(c) Plaintiffs' motion for partial summary judgment on direct infringement (Dckt. Entry No. 430) is GRANTED. (Signed by Judge Kimba M. Wood on 3/29/2011) (js) Modified on 3/31/2011 (ajc).
March 30, 2011 Set Deadlines/Hearings: Replies due by 4/8/2011. (js)
March 29, 2011 Opinion or Order Filing 647 ORDER: In order to rule on whether Defendants are prejudiced by the amendment, the Court needs to know what prejudice, if any, Defendants would suffer if the amendment were allowed. Defendants shall file by April 1, 2011, a letter describing any such prejudice. Plaintiffs shall respond by April 4, 2011, and any reply by Defendants shall be filed by April 5, 2011. The parties' submissions shall not exceed five pages. (Signed by Judge Kimba M. Wood on 3/29/2011) (jpo)
March 29, 2011 Opinion or Order Filing 646 AMENDED OPINION AND ORDER: #100082 In conclusion, for the foregoing reasons, the Court ADOPTS Judge Freemans Report and Recommendation. (Dkt. Entry No. 398.) If a LimeWire user infringed a work prior to the Registration of the copyright for that work, Plaintiffs are barred from seek ing a statutory damage award from Defendants with respect to that work. The discovery ordered on November 2, 20lO is hereby reinstated. (Dkt. Entry No. 339.) Accordingly, to the extent that Plaintiffs have not already done so, Plaintiffs are directed to provide Defendants with documents or information sufficient to show the earliest dates that each of the allegedly 1,322 late-registered sound recordings was downloaded on the LimeWire system. Plaintiffs shall provide Defendants with this discovery by Friday, April 1, 2011. (Signed by Judge Kimba M. Wood on 3/29/2011) (jpo) Modified on 3/30/2011 (ajc).
March 28, 2011 Opinion or Order Filing 645 ORDER. 1. The pretrial order (which shall include any objection to trial exhibits, witness lists, and deposition designations) shall be submitted by Monday, April 4, 2011, at 5:00 p.m. The pretrial order need not include the items described in "Number 2". 2. The Plaintiffs shall submit their final list of sound recordings (final versions of Schedule A and Schedule B) by Friday, April 15, at 5 :00 p.m. 3. The parties shall appear in Court for a pretrial conference on Thursday, April 21, 2011, at 12:30 p.m. The parties shall be available on Monday, April 25, Tuesday, April 26, and Wednesday, April 27 in the event that those days are needed for the pretrial conference. ( Pretrial Order due by 4/4/2011, Pretrial Conference set for 4/21/2011 at 12:30 PM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 3/28/11) (djc)
March 28, 2011 Filing 644 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Materials Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Eaton, Mary)
March 25, 2011 Filing 648 MOTION for Blanca F. Young to Appear Pro Hac Vice. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(mbe)
March 25, 2011 Filing 643 REPLY re: 634 Rule 56.1 Statement. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Eaton, Mary)
March 25, 2011 Filing 642 DECLARATION of Todd G. Cosenza in Support re: 632 MOTION for Summary Judgment Defendants' Notice of Motion for Partial Summary Judgment on the Issue of Prior Judgments Against Direct Infringers.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit 1)(Eaton, Mary)
March 25, 2011 Filing 641 REPLY MEMORANDUM OF LAW in Support re: 632 MOTION for Summary Judgment Defendants' Notice of Motion for Partial Summary Judgment on the Issue of Prior Judgments Against Direct Infringers.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Eaton, Mary)
March 24, 2011 Filing 640 MOTION to Seal Material Previously Submitted by Defendants. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A - Chart)(Lemoine, Melinda)
March 23, 2011 Filing 639 DECLARATION of L. Ashley Aull in Opposition re: 632 MOTION for Summary Judgment Defendants' Notice of Motion for Partial Summary Judgment on the Issue of Prior Judgments Against Direct Infringers.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24)(Klaus, Kelly)
March 23, 2011 Filing 638 COUNTER STATEMENT TO 634 Rule 56.1 Statement. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
March 23, 2011 Filing 637 MEMORANDUM OF LAW in Opposition re: 632 MOTION for Summary Judgment Defendants' Notice of Motion for Partial Summary Judgment on the Issue of Prior Judgments Against Direct Infringers.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
March 18, 2011 Opinion or Order Filing 636 ORDER: The pretrial order (which shall include any objection to trial exhibits, witness lists, and deposition designations) shall be submitted by Monday, April 4, 2011, at 5:00 p.m. The pretrial order need not include the items described in "Number 2". The Plaintiffs shall submit their final list of sound recordings (final versions of Schedule A and Schedule B) by Friday, April 18, at 5:00 p.m. The parties shall appear in Court for a pretrial conference on Thursday, April 21, 2011, at 12:30 p.m. The parties shall be available on Monday, April 25, Tuesday, April 26, and Wednesday, April 27 in the event that those days are needed for the pretrial conference. (Signed by Judge Kimba M. Wood on 3/18/2011) (jpo)
March 18, 2011 Filing 635 DECLARATION of Rita D. Mitchell in Support re: 632 MOTION for Summary Judgment Defendants' Notice of Motion for Partial Summary Judgment on the Issue of Prior Judgments Against Direct Infringers.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36)(Eaton, Mary)
March 18, 2011 Filing 634 RULE 56.1 STATEMENT. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Eaton, Mary)
March 18, 2011 Filing 633 MEMORANDUM OF LAW in Support re: 632 MOTION for Summary Judgment Defendants' Notice of Motion for Partial Summary Judgment on the Issue of Prior Judgments Against Direct Infringers.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Eaton, Mary)
March 18, 2011 Filing 632 MOTION for Summary Judgment Defendants' Notice of Motion for Partial Summary Judgment on the Issue of Prior Judgments Against Direct Infringers. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Eaton, Mary)
March 18, 2011 Opinion or Order Filing 631 ORDER: Because Defendants have withdrawn all their motions to file under seal (see Defendants' March 11,2011 Letter to the Court), the Court orders Defendants to file unredacted copies of all documents listed in the following motions to file under seal: Docket Entry Numbers 498,513,617,620, and 623. Because Plaintiffs have withdrawn their motion to file under seal the documents filed as Docket Entry Number 408 (see Plaintiffs' March 11, 2011 Letter to the Court), the Court orders Plaintiffs to file unredacted copies of those documents. The Court grants the motions to file under seal the documents listed in Docket Entry Numbers: 407,423,440,465 (with the exception of Exhibits 7 and 8), 525, 534, 545, 566,575,584,587,591,599,612,627. Judge Freeman will entertain the following motions to file under seal: Docket Entry Numbers 393, 395. The Clerk of Court shall reflect that the following pending motions to file under seal have been decided pursuant to this order: Docket Entry Numbers 525, 534, 545, 566, 575, 584, 587, 591, 599,612,627. (Signed by Judge Kimba M. Wood on 3/18/2011) (jpo)
March 18, 2011 Opinion or Order Filing 630 OPINION AND ORDER: #100082 In conclusion, for the foregoing reasons, the Court ADOPTS Judge Freemans Report and Recommendation. (Dkt. Entry No. 398.) If a LimeWire user infringed a work prior to the Registration of the copyright for that work, Plaintiffs are barred from seeking a statutory damage award from Defendants with respect to that work. However, Plaintiffs may still seek to recover actual damages for those works, and will thus be compensated in the event that those works were infringed on the LimeWire system. The discovery ordered on November 2, 2010 is hereby reinstated. (Dkt. Entry No. 339.) Accordingly, to the extent that Plaintiffs have not already done so, Plaintiffs are directed to provide Defendants with documents or information sufficient to show the earliest dates that each of the allegedly 1,322 late-registered sound recordings was downloaded on the LimeWire system. Plaintiffs shall provide Defendants with this discovery by Friday, April 1, 2011. (Signed by Judge Kimba M. Wood on 3/18/2011) (jpo) Modified on 3/24/2011 (ajc).
March 18, 2011 Transmission to Sealed Records Clerk. Transmitted re: 631 Order on Motion to Seal Document, to the Sealed Records Clerk for the sealing or unsealing of document or case. (jpo)
March 11, 2011 Opinion or Order Filing 629 OPINION AND ORDER #100085 In conclusion, for the foregoing reasons, the Court DENIES Defendants' 12(c) motion for partial judgment on the pleadings. If Defendants wish to resolve this issue pretrial, any motion for partial summary judgment must be filed by Friday, March 18,2011 at 5:00 p.m. Any response must be filed by Wednesday, March 23, 2011 at 5:00 p.m. Any reply must be filed by Friday, March 25,2011, at 5:00 p.m. SO ORDERED. ( Motions due by 3/18/2011, Responses due by 3/23/2011, Replies due by 3/25/2011.) (Signed by Judge Kimba M. Wood on 3/11/2011) (jmi) Modified on 3/24/2011 (ajc).
March 11, 2011 Opinion or Order Filing 628 ORDER: On March 10, 2011, Defendants submitted a supplemental letter regarding the album versus track issue currently pending before the Court. Plaintiffs shall submit a response by Tuesday, March 15, 2011, at 12:00 p.m. Any reply shall be submitted by Wednesday, March 16,2011, at 12:00 p.m. SO ORDERED. (Deadlines not set, as not in reference to a motion) (Signed by Judge Kimba M. Wood on 3/11/2011) (lnl)
March 10, 2011 Filing 627 MOTION to Seal. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
March 10, 2011 Filing 626 REPLY MEMORANDUM OF LAW in Support re: 572 MOTION to Preclude Certain Purported Expert Testimony. by EMIN GUN SIRER. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
March 10, 2011 Filing 625 REPLY MEMORANDUM OF LAW in Support re: 572 MOTION to Preclude Certain Purported Expert Testimony. by George Strong. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
March 10, 2011 Filing 624 REPLY MEMORANDUM OF LAW in Support re: 572 MOTION to Preclude Certain Purported Expert Testimony. by Aram Sinnreich. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
March 10, 2011 Filing 623 AMENDED MOTION to Seal Defendants' Amended Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Meloro, Thomas)
March 10, 2011 Opinion or Order Filing 622 OPINION AND ORDER: The Court finds that the most plausible interpretation of Section 504(c) is one that authorizes only a single statutory damage award per work against a secondarily liable defendant, particularly in the context of the mass infringement found in the context of online peer-to-peer file sharing. Accordingly, the Court holds that Plaintiffs are entitled to a single statutory damage award from Defendants per work infringed, regardless of how many individual users directly infringed that particular work. (Signed by Judge Kimba M. Wood on 3/10/2011) (tro)
March 9, 2011 Filing 621 ENDORSED LETTER addressed to Judge Kimba M. Wood from Melinda E. LeMoine dated 3/8/2011 re: Requesting a brief extension of two dates in the current pretrial schedule. The current schedule sets March 14 as the date that the parties are to exchange witness lists, exhibits lists, and deposition designations. The parties as to extend that date to March 18. The parties also ask the Court to extend the date for filing the Pretrial Order by one week, until April 1. ENDORSEMENT: Requests Granted. (Signed by Judge Kimba M. Wood on 3/8/2011) (jpo)
March 8, 2011 Filing 620 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Mundiya, Tariq)
March 8, 2011 Filing 619 DECLARATION of Tariq Mundiya in Opposition re: 572 MOTION to Preclude Certain Purported Expert Testimony.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Mundiya, Tariq)
March 8, 2011 Filing 618 MEMORANDUM OF LAW in Opposition re: 572 MOTION to Preclude Certain Purported Expert Testimony. by George Strong. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Mundiya, Tariq)
March 8, 2011 Filing 617 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Meloro, Thomas)
March 8, 2011 Filing 616 DECLARATION of Amina Jafri in Opposition re: 572 MOTION to Preclude Certain Purported Expert Testimony.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Meloro, Thomas)
March 8, 2011 Filing 615 MEMORANDUM OF LAW in Opposition re: 572 MOTION to Preclude Certain Purported Expert Testimony. by Emin Gn Sirer. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Meloro, Thomas)
March 8, 2011 Filing 614 MEMORANDUM OF LAW in Opposition re: 572 MOTION to Preclude Certain Purported Expert Testimony. of Aram Sinnreich. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Baio, Joseph)
March 8, 2011 Filing 613 DECLARATION of John R. Oller in Opposition re: 572 MOTION to Preclude Certain Purported Expert Testimony.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Oller, John)
March 8, 2011 Filing 612 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Oller, John)
March 8, 2011 Filing 611 CERTIFICATE OF SERVICE of PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE TO PRECLUDE DEFENDANTS FROM ASSERTING PRIVILEGE OVER COMMUNICATIONS WITH FRED VON LOHMANN OR THE ELECTRONIC FRONTIER FOUNDATION [SEALED] served on Defendants on March 7, 2011. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Boyd, Susan)
March 7, 2011 Filing 610 REPLY re: 432 Rule 56.1 Statement,. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
March 7, 2011 Filing 609 DECLARATION of Kelly M. Klaus in Support re: 608 Reply Memorandum of Law in Support of Motion,, 430 MOTION for Partial Summary Judgment on the Direct Infringement of the Works at Issue.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1)(Klaus, Kelly)
March 7, 2011 Filing 608 REPLY MEMORANDUM OF LAW in Support re: 430 MOTION for Partial Summary Judgment on the Direct Infringement of the Works at Issue.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
March 7, 2011 Filing 607 DECLARATION of Kelly M. Klaus in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument., 535 Memorandum of Law in Support of Motion,, 606 Reply Memorandum of Law in Support,,,. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1)(Klaus, Kelly)
March 7, 2011 Filing 606 REPLY MEMORANDUM OF LAW in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument., 535 Memorandum of Law in Support of Motion,, in Limine to Preclude any Argument or Evidence Concerning Defendants' Purported Belief in the Lawfulness of Their Conduct. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
March 7, 2011 Filing 605 REPLY MEMORANDUM OF LAW in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument., 551 Memorandum of Law in Support of Motion,, in Limine to Preclude Evidence or Argument Concerning Prior Settlement Discussions. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
March 7, 2011 Filing 604 REPLY MEMORANDUM OF LAW in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument., 550 Memorandum of Law in Support of Motion,,, in Limine to Preclude Defendants' Argument that Other Illegal Services Would Have Induced Infringement of Plaintiffs' Copyrights if Lime Wire Had Not. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
March 7, 2011 Filing 603 DECLARATION of Melinda E. LeMoine in Support re: 602 Reply Memorandum of Law in Support,,. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Errata 1 (under seal))(Lemoine, Melinda)
March 7, 2011 Filing 602 REPLY MEMORANDUM OF LAW in Support re: 538 Memorandum of Law in Support of Motion,,, in Limine to Preclude Evidence or Argument Inconsistent with Facts Established at Summary Judgment. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
March 7, 2011 Filing 601 DECLARATION of Susan Traub Boyd in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1A, # 2 Exhibit 1B, # 3 Exhibit 2A, # 4 Exhibit 2B, # 5 Exhibit 3)(Boyd, Susan)
March 7, 2011 Filing 600 REPLY MEMORANDUM OF LAW in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument., 599 MOTION to Seal PLAINTIFFS' NOTICE OF MOTION AND MOTION TO FILE CONFIDENTIAL MATERIAL UNDER SEAL. PLAINTIFFS' REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE TO PRECLUDE DEFENDANTS FROM ASSERTING PRIVILEGE OVER COMMUNICATIONS WITH FRED VON LOHMANN OR THE ELECTRONIC FRONTIER FOUNDATION. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Boyd, Susan)
March 7, 2011 Filing 599 MOTION to Seal PLAINTIFFS' NOTICE OF MOTION AND MOTION TO FILE CONFIDENTIAL MATERIAL UNDER SEAL. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Boyd, Susan)
March 4, 2011 ***DELETED DOCUMENT. Deleted document number 598 ORDER. The document was filed as a duplicate of #597 in this case. (djc)
March 4, 2011 Opinion or Order Filing 597 ORDER: After an independent review of the record, I conclude that there are no material facts or circumstances to distinguish Google's objection from the objections of the other three non-parties. Because I agree with Judge Wood's analysis, I hereby adopt the reasoning of her opinion and order as my own, and reverse Magistrate Judge Freeman's order insofar as it grants defendants' motion to compel compliance with the subpoena served on non-party Google. I affirm Magistrate Judge Freeman's order insofar as it denies defendants' motion to compel. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/4/2011) (lnl)
March 4, 2011 Opinion or Order Filing 596 AMENDED OPINION AND ORDER: Judge Freemans January 31, 2011 Order is REVERSED in part, with regard to non-parties MySpace, iMesh, and Yahoo!. (See AMENDED OPINION AND ORDER as set forth) (Signed by Judge Kimba M. Wood on 3/4/2011) (lnl)
March 4, 2011 Opinion or Order Filing 595 STIPULATION AND ORDER WITHDRAWING PLAINTIFFS' MOTION FOR A RECEIVER: 1. J. Christopher Racich is appointed Neutral Custodian and charged with the responsibilities detailed in the Security Protocol, attached (under seal) as Exhibit A. 2. Plaintiffs' Motion for a Receiver is withdrawn without prejudice. (Signed by Judge Kimba M. Wood on 3/3/2011) (lnl)
March 3, 2011 Filing 594 MEMORANDUM OF LAW in Opposition re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument. Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion in Limine to Preclude Evidence or Argument Concerning Prior Settlement Discussions. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Eaton, Mary)
March 3, 2011 Filing 593 DECLARATION of Tariq Mundiya in Opposition re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mundiya, Tariq)
March 3, 2011 Filing 592 MEMORANDUM OF LAW in Opposition re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument. Defendants' Brief in Opposition to Plaintiffs' Motion in Limine to Preclude Any Argument or Evidence Concerning Defendants' Purported Belief in the Lawfulness of Their Conduct. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Mundiya, Tariq)
March 3, 2011 Filing 591 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Dugan, James)
March 3, 2011 Filing 590 DECLARATION of James C. Dugan in Opposition re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Dugan, James)
March 3, 2011 Filing 589 MEMORANDUM OF LAW in Opposition re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument. Defendants' Brief in Opposition to Plaintiffs' Motion In Limine To Preclude Defendants From Asserting Privilege Over Communications with Fred von Lohmann or The Electronic Frontier Foundation. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Dugan, James)
March 3, 2011 Filing 588 NOTICE OF APPEARANCE by James C. Dugan on behalf of Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership (Dugan, James)
March 3, 2011 Filing 587 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Mundiya, Tariq)
March 3, 2011 Filing 586 DECLARATION of Tariq Mundiya in Opposition re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Mundiya, Tariq)
March 3, 2011 Filing 585 MEMORANDUM OF LAW in Opposition re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument. Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion in Limine to Preclude Evidence or Argument Inconsistent with Facts Established at Summary Judgment. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A)(Mundiya, Tariq)
March 3, 2011 Filing 584 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Oller, John)
March 3, 2011 Filing 583 DECLARATION of John R. Oller in Opposition re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Oller, John)
March 3, 2011 Filing 582 MEMORANDUM OF LAW in Opposition re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument. Defendants' Brief In Opposition to Plaintiffs' Motion In Limine to Preclude Defendants' Argument That Other Illegal Services Would Have Induced Infringement of Plaintiffs' Copyrights If Lime Wire Had Not. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Baio, Joseph)
March 2, 2011 Filing 581 RESPONSE re: 540 Memorandum of Law,, re Separate Statutory Damage Awards Against Defendants Under 17 U.S.C. 504(c). Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
March 2, 2011 Filing 580 DECLARATION of Melinda E. LeMoine in Support re: 579 Memorandum of Law in Support of Motion,, 572 MOTION to Preclude Certain Purported Expert Testimony.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Lemoine, Melinda)
March 2, 2011 Filing 579 MEMORANDUM OF LAW in Support re: 572 MOTION to Preclude Certain Purported Expert Testimony. by Aram Sinnreich. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
March 2, 2011 Filing 578 REPLY re: 544 Brief. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Oller, John)
March 2, 2011 Filing 577 DECLARATION of MELINDA E. LEMOINE in Support re: 576 Memorandum of Law in Support of Motion,, 572 MOTION to Preclude Certain Purported Expert Testimony.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1 (under seal), # 2 Exhibit 2 (under seal), # 3 Exhibit 3 (under seal), # 4 Exhibit 4, # 5 Exhibit 5 (under seal), # 6 Exhibit 6 (under seal), # 7 Exhibit 7 (under seal), # 8 Exhibit 8 (under seal), # 9 Exhibit 9)(Lemoine, Melinda)
March 2, 2011 Filing 576 MEMORANDUM OF LAW in Support re: 572 MOTION to Preclude Certain Purported Expert Testimony. by George Strong. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
March 2, 2011 Filing 575 MOTION to Seal. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda)
March 2, 2011 Filing 574 DECLARATION of KELLY M. KLAUS in Support re: 573 Memorandum of Law in Support of Motion,, 572 MOTION to Preclude Certain Purported Expert Testimony.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1 (Under Seal), # 2 Exhibit 2 (Under Seal), # 3 Exhibit 3 (Under Seal), # 4 Exhibit 4 (Under Seal), # 5 Exhibit 5 (Under Seal), # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Klaus, Kelly)
March 2, 2011 Filing 573 MEMORANDUM OF LAW in Support re: 572 MOTION to Preclude Certain Purported Expert Testimony. by Emin Gun Sirer. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
March 2, 2011 Filing 572 MOTION to Preclude Certain Purported Expert Testimony. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda)
March 2, 2011 Filing 571 ENDORSED LETTER addressed to Judge Kimba M. Wood from Michael S. Sommer dated 1/19/2011 re: I write to request that my name be removed from the above captioned action. Your Honor granted this firm's motion to withdraw. ENDORSEMENT: So Ordered. (Signed by Judge Kimba M. Wood on 2/28/2011) (jpo)
March 2, 2011 Opinion or Order Filing 570 OPINION AND ORDER: #99983 For the foregoing reasons, Judge Freeman's January 31, 2011 Order is REVERSED, with regard to non-parties MySpace, iMesh, and Yahoo!. (Signed by Judge Kimba M. Wood on 3/1/2011) (jpo) Modified on 3/4/2011 (ajc).
March 2, 2011 Opinion or Order Filing 569 CERTIFICATE OF SERVICE of REPLY MEMORANDUM OF LAW; PLAINTIFFS REPLY TO DEFENDANTS RESPONSES TO RULE 56.1 STATEMENT IN SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT; JOAN CHO DECLARATION IN SUPPORT OF OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT; ALASDAIR MCMULLAN DECLARATION OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT served on Defendants on March 1, 2011. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
March 1, 2011 Filing 568 DECLARATION of Rita D. Mitchell in Support re: 505 MOTION for Judgment on the Pleadings (Partial Judgment on the Pleadings).. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit 1)(Oller, John)
March 1, 2011 Filing 567 REPLY MEMORANDUM OF LAW in Support re: 505 MOTION for Judgment on the Pleadings (Partial Judgment on the Pleadings).. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Oller, John)
March 1, 2011 Filing 566 MOTION to Seal PLAINTIFFS' NOTICE OF MOTION AND MOTION TO FILE CONFIDENTIAL MATERIAL UNDER SEAL. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda)
March 1, 2011 Filing 565 COUNTER STATEMENT TO 422 Rule 56.1 Statement,. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
March 1, 2011 Filing 564 DECLARATION of Melinda LeMoine in Support re: 420 MOTION for Partial Summary Judgment.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1a, # 2 Exhibit 1b, # 3 Exhibit 2)(Lemoine, Melinda)
March 1, 2011 Filing 563 DECLARATION of Silda Palerm in Support re: 420 MOTION for Partial Summary Judgment.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1)(Lemoine, Melinda)
March 1, 2011 Filing 562 DECLARATION of Alasdair McMullan in Support re: 420 MOTION for Partial Summary Judgment.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lemoine, Melinda)
March 1, 2011 Filing 561 DECLARATION of JoAn Cho in Support re: 420 MOTION for Partial Summary Judgment.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Lemoine, Melinda)
March 1, 2011 Filing 560 REPLY MEMORANDUM OF LAW in Support re: 420 MOTION for Partial Summary Judgment. REPLY MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS' OWNERSHIP OR CONTROL OF THE WORKS AT ISSUE. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
March 1, 2011 Filing 559 TRANSCRIPT of proceedings held on 2/18/2011 before Judge Kimba M. Wood. (mbe)
February 28, 2011 Filing 558 RESPONSE in Opposition re: 505 MOTION for Judgment on the Pleadings (Partial Judgment on the Pleadings). On the Issue of Prior Judgments Against Direct Infringers. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
February 28, 2011 Filing 557 REPLY re: 432 Rule 56.1 Statement,. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Meloro, Thomas)
February 28, 2011 Filing 556 DECLARATION of Amina Jafri in Opposition re: 430 MOTION for Partial Summary Judgment on the Direct Infringement of the Works at Issue.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Meloro, Thomas)
February 28, 2011 Filing 555 MEMORANDUM OF LAW in Opposition re: 430 MOTION for Partial Summary Judgment on the Direct Infringement of the Works at Issue.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Meloro, Thomas)
February 28, 2011 Opinion or Order Filing 554 OPINION AND ORDER #99984 for the foregoing reasons, Judge Freeman's 1/18/11 Order is AFFIRMED, with the conditions that (1) Defendants may search for internal communications referring to Lime Wire from the file of only five custodians, and (2) that those custodians must be selected from among those forty three custodians whose external communications have already been searched. (Signed by Judge Kimba M. Wood on 2/25/11) (cd) Modified on 3/4/2011 (ajc).
February 28, 2011 Opinion or Order Filing 553 CERTIFICATE OF SERVICE of Memorandum of Law in Support of Motion; Declaration in Support of Memorandum of Law; [Proposed] Order served on Joseph T. Baio on February 25, 2011. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Boyd, Susan)
February 28, 2011 Filing 552 DECLARATION of Melinda E. LeMoine in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lemoine, Melinda)
February 28, 2011 Filing 551 MEMORANDUM OF LAW in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument. Memorandum of Law in Support of Plaintiffs' Motion in Limine to Preclude Evidence or Argument Concerning Prior Settlement Discussions. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
February 26, 2011 Filing 550 MEMORANDUM OF LAW in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument. Memorandum of Law in Support of Plaintiffs' Motion In Limine to Preclude Defendants' Argument that Other Illegal Services Would Have Induced Infringement of Plaintiffs' Copyrights if Lime Wire Had Not. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
February 26, 2011 Filing 549 DECLARATION of Melinda E. LeMoine in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Lemoine, Melinda)
February 25, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Melinda Eades Lemoine to RE-FILE Documents 539 Declaration in Support,,, 538 Memorandum of Law in Support of Motion. ERROR(S): Documents linked to filing errors. (lb)
February 25, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Melinda Eades Lemoine to RE-FILE Document 543 Declaration in Support of Motion. ERROR(S): Document linked to filing error. (db)
February 25, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Melinda Eades Lemoine to RE-FILE Document 542 MOTION in Limine to Preclude Evidence or Argument Concerning Prior Settlement Discussions. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. REMINDER - Motion in Limine WAS NOT filed. First file Motion, then file and link any supporting documnets. (db)
February 25, 2011 Filing 548 REPLY MEMORANDUM OF LAW in Support re: 500 Memorandum of Law,, 502 Declaration in Support,, PLAINTIFFS REPLY MEMORANDUM REGARDING STATUTORY DAMAGES ON A PER TRACK BASIS. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Boyd, Susan)
February 25, 2011 Filing 547 DECLARATION of Susan Traub Boyd in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18)(Boyd, Susan)
February 25, 2011 Filing 546 MEMORANDUM OF LAW in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument. Plaintiffs' Memorandum of Law in Support of Motion in Limine to Preclude Defendants from Asserting Privilege over Communications with Fred von Lohmann or the Electronic Frontier Foundation. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Boyd, Susan)
February 25, 2011 Filing 545 MOTION to Seal Plaintiffs' Notice of Motion and Motion to File Under Seal. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda)
February 25, 2011 Filing 544 BRIEF Defendants' Brief Regarding Plaintiffs' "Per Infringement" Damages Theory. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Oller, John)
February 25, 2011 Filing 543 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Melinda E. LeMoine in Support re: 542 MOTION in Limine to Preclude Evidence or Argument Concerning Prior Settlement Discussions. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lemoine, Melinda) Modified on 2/28/2011 (db).
February 25, 2011 Filing 542 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine to Preclude Evidence or Argument Concerning Prior Settlement Discussions. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda) Modified on 2/28/2011 (db).
February 25, 2011 Filing 541 DECLARATION of Kelly M. Klaus in Support. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Klaus, Kelly)
February 25, 2011 Filing 540 MEMORANDUM OF LAW Plaintiffs' Opening Brief Regarding Separate Statutory Damage Awards Against Defendants Under 17 U.S.C. § 504(c). Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
February 25, 2011 Filing 539 DECLARATION of Melinda E. LeMoine in Support re: 538 Memorandum of Law in Support of Motion,,. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1 (sealed), # 2 Exhibit 2 (sealed))(Lemoine, Melinda) Modified on 3/4/2011 (lb). Modified on 3/4/2011 (dlw).
February 25, 2011 Filing 538 MEMORANDUM OF LAW in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument. Inconsistent with Facts Established at Summary Judgment. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Mark Gorton, Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda) Modified on 3/4/2011 (lb). Modified on 3/4/2011 (dlw).
February 25, 2011 Filing 537 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine to Preclude Evidence or Argument Inconsistent with Facts Established at Summary Judgment. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda) Modified on 3/4/2011 (lb).
February 25, 2011 Filing 536 DECLARATION of Kelly M. Klaus in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Klaus, Kelly)
February 25, 2011 Filing 535 MEMORANDUM OF LAW in Support re: 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument. Memorandum of Law in Support of Plaintiffs' Motion In Limine to Preclude Any Argument or Evidence Concerning Defendants' Purported Belief in the Lawfulness of Their Conduct. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
February 25, 2011 Filing 534 MOTION to Seal Plaintiffs' Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
February 25, 2011 Filing 533 MOTION in Limine to Preclude Specified Categories of Evidence and Argument. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda)
February 25, 2011 Filing 532 REPLY MEMORANDUM OF LAW in Support re: 471 Objection (non-motion). Document filed by Yahoo! Inc.. (Turner, Robert)
February 25, 2011 Filing 531 REPLY MEMORANDUM OF LAW in Support re: 484 Declaration, 483 Objection (non-motion) MySpace, Inc.'s Reply in Support of Its Objections to Magistrate Judge Freeman's Order Compelling the Production of Internal and External Communications. Document filed by MySpace, Inc.. (Ingber, Matthew)
February 25, 2011 Filing 530 RESPONSE re: 485 Objection (non-motion), 486 Declaration Google Inc.'s Reply in Support of Its Objections to Magistrate Judge Freeman's Order Compelling the Production of Internal and External Communications. Document filed by Google Inc.. (Ingber, Matthew)
February 24, 2011 Filing 529 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Oller, John)
February 24, 2011 Filing 528 DECLARATION of John R. Oller in Opposition re: 500 Memorandum of Law,,. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Oller, John)
February 24, 2011 Filing 527 RESPONSE re: 500 Memorandum of Law,,. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Oller, John)
February 24, 2011 Filing 526 REPLY MEMORANDUM OF LAW in Support re: 477 Objection (non-motion) Reply Memorandum of Law of iMESH and MUSICLAB in Further Support of their Objections to Magistrate Judge Freeman's Order Compelling Disclosure. Document filed by Imesh, Inc., MusicLab, LLC. (Weingart, Jeffrey)
February 24, 2011 Filing 525 MOTION to Seal Document 523 Brief,,,. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda)
February 24, 2011 Filing 524 DECLARATION of Melinda E. LeMoine in Support re: 523 Brief,,,. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
February 24, 2011 Filing 523 BRIEF re: 463 Objection (non-motion), Objection (non-motion), Objection (non-motion) Plaintiffs' Reply in Support of Objections to Magistrate Judge Freeman's Order Compelling the Production of Plaintiffs' Internal Communications "Referring to Limewire". Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda)
February 24, 2011 Opinion or Order Filing 522 ORDER re both parties having moved to file numerous documents under seal since 1/14/11: Each party is directed to submit to the Court a letter according to the following instructions: 1. The parties must also list all of their pending motions to file under seal, along with the ECF docketing numbers accompanying each motion. a. the parties must list all documents contained within each motion that they contend should be filed under seal. b. The parties must submit a detailed explanation of the rationale for filing any portion of any document under seal. 2. The parties shall submit those letters by Friday, 3/11/11, at 5:00 pm. (Signed by Judge Kimba M. Wood on 2/24/11) (cd)
February 24, 2011 Filing 521 RESPONSE re: 471 Objection (non-motion) Defendants' Response to Non-Party Yahoo! Inc.'s Objections to Magistrate Judge Freeman's January 31, 2011 Order Compelling the Production of Internal and External Communications. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Eaton, Mary)
February 24, 2011 Filing 520 DECLARATION of Dan C. Kozusko in Opposition re: 471 Objection (non-motion). Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Eaton, Mary)
February 24, 2011 Filing 519 DECLARATION of Dan C. Kozusko in Opposition re: 483 Objection (non-motion). Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Eaton, Mary)
February 24, 2011 Filing 518 RESPONSE re: 483 Objection (non-motion) Defendants' Response to Non-Party MySpace, Inc.'s Objections to Magistrate Judge Freeman's January 31, 2011 Order Compelling the Production of Internal and External Communications. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Eaton, Mary)
February 24, 2011 Filing 517 DECLARATION of Paul W. Horan in Opposition re: 477 Objection (non-motion). Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Eaton, Mary)
February 24, 2011 Filing 516 RESPONSE re: 477 Objection (non-motion) Defendants' Response to Non-Party iMesh, Inc. and MusicLab, LLC's Objections to Magistrate Judge Freeman's January 31, 2011 Order Compelling the Production of Internal and External Communications. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Eaton, Mary)
February 24, 2011 Filing 515 DECLARATION of Paul W. Horan in Opposition re: 485 Objection (non-motion). Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Eaton, Mary)
February 24, 2011 Filing 514 RESPONSE re: 485 Objection (non-motion) Defendants' Response to Non-Party Google, Inc.'s Objections to Magistrate Judge Freeman's January 31, 2011 Order Compelling the Production of Internal and External Communications. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Eaton, Mary)
February 24, 2011 Filing 513 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Materials Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Eaton, Mary)
February 24, 2011 Filing 512 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Materials Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Eaton, Mary)
February 24, 2011 Filing 511 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Materials Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Eaton, Mary)
February 24, 2011 Filing 510 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Materials Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Eaton, Mary)
February 24, 2011 Opinion or Order Filing 509 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. ORDER granting 459 Motion for Hailyn J. Chen to Appear Pro Hac Vice for Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc. (Signed by Magistrate Judge Debra C. Freeman on 2/24/11) (db)
February 23, 2011 Opinion or Order Filing 508 ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Melinda E. LeMoine dated 2/22/11 re: Plaintiffs have agreed with Defendants to substantially complete their production by February 28 for at least two, and perhaps three, of the Plaintiffs. The remainder of Plaintiffs' production will be made during the week of February 28, with an outside date of Friday, March 4. ENDORSEMENT: The within production schedule is approved, but nothing herein is intended to alter the briefing schedule set by Judge Kimba M. Wood. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 2/23/11) (db)
February 23, 2011 Filing 507 DECLARATION of Rita D. Mitchell in Support re: 505 MOTION for Judgment on the Pleadings (Partial Judgment on the Pleadings).. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Baio, Joseph)
February 23, 2011 Filing 506 MEMORANDUM OF LAW in Support re: 505 MOTION for Judgment on the Pleadings (Partial Judgment on the Pleadings).. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Baio, Joseph)
February 23, 2011 Filing 505 MOTION for Judgment on the Pleadings (Partial Judgment on the Pleadings). Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Baio, Joseph)
February 23, 2011 Opinion or Order Filing 504 ORDER: On February 7, 2011, Plaintiffs filed an objection to Magistrate Judge Freeman's Order of January 18, 2011, directing Plaintiffs "to produce communications referring to 'LimeWire' from the files (including email) of 10 custodians." See Dkt. Entry Nos. 413 ; 463 . On February 23, 2011, Defendants filed an opposition to Plaintiffs' objection. See Dkt. Entry No. 499 . If Plaintiffs intend to file any reply to Defendants' objection, they must do so by Thursday, February 24, 2011, at 5:00 p.m., with a courtesy copy delivered to the Court at that time. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/23/2011) (lnl)
February 23, 2011 Opinion or Order Filing 503 ORDER: Multiple non-party licensees have filed objections to Magistrate Judge Freeman's Order, dated January 31, 2011, compelling their production of internal and external communications concerning online licensing and LimeWire. See Dckt. Entry No. 443 . If Defendants intend to file any opposition to those objections, their opposition must be filed by Thursday, February 24,2011, at noon, with a courtesy copy delivered to the Court at that time. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/23/2011) (lnl)
February 23, 2011 Filing 502 DECLARATION of Susan T. Boyd in Support re: 500 Memorandum of Law,,. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3a, # 4 Exhibit 3b, # 5 Exhibit 3c)(Boyd, Susan)
February 23, 2011 Filing 501 DECLARATION of Mary Eaton in Opposition re: 463 Objection (non-motion), Objection (non-motion), Objection (non-motion). Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(Eaton, Mary)
February 23, 2011 Filing 500 MEMORANDUM OF LAW REGARDING STATUTORY DAMAGES ON A "PER-TRACK" BASIS. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Boyd, Susan)
February 23, 2011 Filing 499 RESPONSE re: 463 Objection (non-motion), Objection (non-motion), Objection (non-motion) Defendants' Response to Plaintiffs' Objections to Magistrate Judge Freeman's January 18, 2011 Order Compelling the Production of Plaintiffs' Internal Communications "Referring to LimeWire". Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Eaton, Mary)
February 23, 2011 Filing 498 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Material Under Seal (Corrected). Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Meloro, Thomas)
February 23, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Thomas Meloro to RE-FILE Document 493 MOTION to Seal (Notice of Motion and Motion to File Confidential Materials Under Seal. ERROR(S): Attornery s/ signature missing. (ka)
February 23, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Susan Traub Boyd to RE-FILE Document 494 MOTION Statutory Damages on a "Per-Track" Basis (Plaintiffs' Opening Memorandum). Use the event type Memorandum of Law(non-motion) found under the event list Other Answers. (ka)
February 23, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Susan Traub Boyd to RE-FILE Document 495 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of document#494. (ka)
February 22, 2011 Filing 497 REPLY re: 422 Rule 56.1 Statement,. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Meloro, Thomas)
February 22, 2011 Filing 496 MEMORANDUM OF LAW in Opposition re: 420 MOTION for Partial Summary Judgment.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Meloro, Thomas)
February 22, 2011 Filing 495 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Susan T. Boyd in Support re: 494 MOTION Statutory Damages on a "Per-Track" Basis Plaintiffs' Opening Memorandum.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3a, # 4 Exhibit 3b, # 5 Exhibit 3c)(Boyd, Susan) Modified on 2/23/2011 (ka).
February 22, 2011 Filing 494 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION Statutory Damages on a "Per-Track" Basis (Plaintiffs' Opening Memorandum). Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Boyd, Susan) Modified on 2/23/2011 (ka).
February 22, 2011 Filing 493 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Seal (Notice of Motion and Motion to File Confidential Materials Under Seal). Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Meloro, Thomas) Modified on 2/23/2011 (ka).
February 22, 2011 Filing 492 NOTICE OF APPEARANCE by Thomas John Meloro, Jr on behalf of Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership (Meloro, Thomas)
February 22, 2011 Filing 491 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Eaton, Mary)
February 22, 2011 Filing 490 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #501) - DECLARATION of Mary Eaton in Opposition re: 463 Objection (non-motion), Objection (non-motion), Objection (non-motion). Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(Eaton, Mary) Modified on 2/24/2011 (lb).
February 22, 2011 Filing 489 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #499) - RESPONSE re: 463 Objection (non-motion), Objection (non-motion), Objection (non-motion) Defendants' Response to Plaintiffs' Objections to Magistrate Judge Freeman's January 18, 2011 Order Compelling the Production of Plaintiffs' Internal Communications "Referring to LimeWire". Public Version. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Eaton, Mary) Modified on 2/24/2011 (lb).
February 22, 2011 Opinion or Order Filing 488 ORDER Exchange of trial exhibits, witness lists, and deposition designations 3/14/11. Motions in limine due by 3/30/2011. Pretrial Order (which shall include any objection to trial exhibits, witness lists, and deposition designations) due by 3/25/2011. Responses due by 4/6/2011. Replies due by 4/11/2011. Trial 5/2/11. (Signed by Judge Kimba M. Wood on 2/18/11) (cd)
February 22, 2011 Opinion or Order Filing 487 OPINION & ORDER denying re: 404 MOTION to Disqualify Willkie Farr & Gallagher LLP as Counsel for Defendants, filed by Motown Record Company, L.P., Atlantic Recording Corporation, Warner Bros. Records Inc., Laface Records LLC, Elektra Entertainment Group, Inc., Sony BMG Music Entertainment, Virgin Records America, Inc., Capitol Records, Inc., Priority Records LLC, BMG Music, Interscope Records, Arista Records LLC, UMG Recordings, Inc. (Signed by Judge Kimba M. Wood on 2/18/11) (cd)
February 18, 2011 Opinion or Order Minute Entry for proceedings held before Judge Kimba M. Wood: Conference held on 2/18/2011. Attorneys Kelly Klaus, Glenn Pomerantz and Jennifer Pariser are present for the plaintiffs. Attorneys Joseph Baio, Tariq Mundiya, Mary Eaton, Roger Netzer, John Oller, Greg Joseph and Pamela Jarvis are present for the defendants. Court reporter is present. See transcript. Defendant's renewed application to compel Fed. R. Civ. P. 30(b)(6) depositions of plaintiffs is denied. Defendants' application to enforce a subpoena served by defendants on non-party Recording Industry Association of America is denied. (mro)
February 18, 2011 Filing 486 DECLARATION of MATTHEW D. INGBER re: 485 Objection (non-motion). Document filed by Google Inc.. (Attachments: # 1 Exhibit 1-2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5-6, # 5 Exhibit 7-8, # 6 Exhibit 9-12)(Ingber, Matthew)
February 18, 2011 Filing 485 Objection re: 443 Order,, Google Inc.'s Objections to Magistrate Judge Freeman's Order Compelling the Production of Internal and External Communications. Document filed by Google Inc.. (Ingber, Matthew)
February 18, 2011 Filing 484 DECLARATION of MATTHEW D. INGBER re: 483 Objection (non-motion). Document filed by MySpace, Inc.. (Attachments: # 1 Exhibit 1-2, # 2 Exhibit 3 Part 1, # 3 Exhibit 3 Part 2, # 4 Exhibit 4-6, # 5 Exhibit 7, # 6 Exhibit 8-10, # 7 Exhibit 11-12)(Ingber, Matthew)
February 18, 2011 Filing 483 Objection re: 443 Order,, MySpace, Inc.'s Objections to Magistrate Judge Freeman's Order Compelling the Production of Internal and External Communications. Document filed by MySpace, Inc.. (Ingber, Matthew)
February 16, 2011 Opinion or Order Filing 482 ORDER: Defendants' request as written, however, is unnecessarily broad, to the extent it seeks "all" documents concerning song releases. Thus, Defendants' application to compel Plaintiffs to produce documents responsive to this first request is granted, except that issue in this action as a single, prior to the inclusion of that song at issue in this action as a single, prior to the inclusion of that song as part of an album or any other compilation or groups of sound recordings. This production shall be made no later than February 23, 2011. For the reasons set forth above, Defendants' application to compel Plaintiffs to produce documents on these topics is denied. So Ordered (Signed by Magistrate Judge Debra C. Freeman on 2/16/2011) (js)
February 16, 2011 Opinion or Order Filing 481 ORDER: Accordingly, Defendants' application to extend the discovery deadlines for the purpose of conducting this deposition is denied. Plaintiffs have just informed the Court that they may need to conduct depositions of representatives of Tower and Lime Brokerage, following the production by these entities of the documents that the Court ordered them to produce. Yet Plaintiffs' prior application to the Court regarding the need for discovery from these non-parties did not even mention the potential need for depositions; rather, that application was devoted entirely to Plaintiffs' purported need for documents. At this stage, as discussed herein, depositions should have been completed. If depositions were needed, and could not have been completed within the discovery period, then it behooved the parties to raise the matter with the Court. Further, Plaintiffs have strenuously argued that Defendants should not be permitted to take depositions after the close of discovery, and offer no explanation as to why the same rules to which they would hold Defendants should not apply to them. Accordingly, any request by Plaintiffs to extend discovery so as to permit belated depositions is also denied. So Ordered (Signed by Magistrate Judge Debra C. Freeman on 2/16/11) (js)Copies By ECF
February 16, 2011 Filing 480 DECLARATION of Jeffrey P. Weingart re: 477 Objection (non-motion). Document filed by MusicLab, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C PART 1, # 4 Exhibit Exhibit C PART 2, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H)(Weingart, Jeffrey)
February 16, 2011 Filing 479 ENDORSED LETTER addressed to Judge Kimba M. Wood from Matthew D. Ingber dated 2/16/2011 re: Counsel respectfully request that Your Honor consider the Objections to Magistrate Judge Freeman's Order to the extent they concern MySpace (and given the similarities to the objections filed by non-party Yahoo!, Inc), and that Your Honor subsequently refer the dispute concerning Google to the Part I Judge. At Your Honor's request, counsel will submit stand-alone objections on behalf of MySpace for the Court's consideration. ENDORSEMENT: Granted. The Court so requests. So Ordered. (Signed by Judge Kimba M. Wood on 2/16/2011) (jfe)
February 16, 2011 Filing 478 DECLARATION of Robert Summer re: 477 Objection (non-motion). Document filed by Imesh, Inc., MusicLab, LLC. (Weingart, Jeffrey)
February 16, 2011 Filing 477 Objection re: 443 Order,, iMESH AND MUSICLABS OBJECTIONS TO MAGISTRATE JUDGE FREEMANS ORDER COMPELLING DISCLOSURE. Document filed by Imesh, Inc., MusicLab, LLC. (Weingart, Jeffrey)
February 16, 2011 Opinion or Order Filing 476 ORDER: It came to my attention this morning that non-parties Google, Inc. and MySpace, Inc. on February 15, 2011, filed Objections Magistrate Judge Freeman's January 31, 2011 Order compelling the production of internal and external non-party communications (See Docket Entries 443 and 474). My husband owns shares in Google, Inc. and thus I must recuse myself from any motion concerning Google, Inc. It would be possible for me to send any disputes affecting Google, Inc. to the Part I Judge. I ask the parties in the case to let me know by fax (212-805-7900) by 5:00 p.m. today, whether they would prefer for me to follow that course, or follow an alternative course. (Signed by Judge Kimba M. Wood on 2/16/2011) (jfe)
February 15, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Telephone discovery status Conference held on 2/15/2011. (mro)
February 15, 2011 Filing 475 DECLARATION of Matthew D. Ingber in Support re: 474 Objection (non-motion). Document filed by Google Inc., MySpace, Inc.. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6-7, # 5 Exhibit 8-9, # 6 Exhibit 10-12, # 7 Exhibit 13-17)(Ingber, Matthew)
February 15, 2011 Filing 474 Objection re: 443 Order,, Objections to Order Compelling Production of Documents. Document filed by Google Inc., MySpace, Inc.. (Ingber, Matthew)
February 15, 2011 Filing 473 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - OPPOSITION BRIEF re: 443 Order,, Objections to Order Compelling Production of Documents. Document filed by Google Inc., MySpace, Inc..(Ingber, Matthew) Modified on 2/16/2011 (lb).
February 15, 2011 Filing 472 DECLARATION of Robert C. Turner in Support re: 471 Objection (non-motion). Document filed by Yahoo! Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Turner, Robert)
February 15, 2011 Filing 471 Objection re: 443 Order,, Compelling Production of Documents from Non-Party Yahoo! Inc.. Document filed by Yahoo! Inc.. (Turner, Robert)
February 10, 2011 CASHIERS OFFICE REMARK on 459 Motion to Appear Pro Hac Vice,, in the amount of $25.00, paid on 02/03/2011, Receipt Number 928560. (jd)
February 9, 2011 Opinion or Order Filing 470 MEMO ENDORSED on 423 Motion to Seal. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/8/2011) (jmi)
February 9, 2011 Opinion or Order Filing 469 MEMO ENDORSED on 407 Motion to Seal. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/8/2011) (jmi)
February 9, 2011 Opinion or Order Filing 468 MEMO ENDORSED on 440 Motion to Seal. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/8/2011) (jmi)
February 9, 2011 Opinion or Order Filing 467 MEMO ENDORSED on 426 Motion to Seal. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/8/2011) (jmi)
February 7, 2011 Filing 466 SEALED DOCUMENT placed in vault.(nm)
February 7, 2011 Filing 465 MOTION to Seal Confidential Versions of Objections and Declaration, and Confidential Exhibits. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda)
February 7, 2011 Filing 464 DECLARATION of Melinda E. LeMoine in Support re: 463 Objection (non-motion), Objection (non-motion), Objection (non-motion). Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 (sealed), # 6 Exhibit 6 (sealed), # 7 Exhibit 7 (sealed), # 8 Exhibit 8 (sealed), # 9 Exhibit 9 (sealed))(Lemoine, Melinda)
February 7, 2011 Filing 463 Objection re: 413 Order,,, Compelling the Production of Plaintiffs' Internal Communications "Referring to LimeWire". Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
February 7, 2011 Filing 462 DECLARATION of Kelly M. Klaus in Support. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1)(Klaus, Kelly)
February 7, 2011 Filing 461 OBJECTION to 398 Report and Recommendations REPLY IN SUPPORT OF OBJECTION Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
February 7, 2011 Opinion or Order Filing 460 ORDER. Currently before the Court is an application by Plaintiffs to compel discovery by defendant Mark Gorton ("Gorton") and to enforce subpoenas on non-parties Tower Research Capital LLC and Tower Research Capital Investments LLC (together, "Tower") and Lime Brokerage Holdings LLC and Lime Brokerage LLC (together, "Lime Brokerage"). (Letter to the Court from Glenn D. Pomerantz, Esq., dated Dec. 22, 2010.) In particular, Plaintiffs seek (1) communications relating to Gorton's withdrawal of his interest in Tower; and (2) documents sufficient to show the fair market value of Gorton's assets. Having considered the submissions by Plaintiffs, Gorton, Tower, and Lime Brokerage,l Plaintiffs' application is granted in part and denied in part. Gorton, Tower and Lime Brokerage are directed to produce documents as set forth below, no later than February 18, 2011. The Court has not considered the letter dated January 7, 2011, submitted on behalf of Lime Brokerage by Michael Richter, who identifies himself as the Chief Financial Officer of Lime Brokerage Holdings and does not appear to be an attorney admitted to practice before this Court. The Court has, however, considered the opposition submitted on behalf of Lime Brokerage by David M. Pohl, Esq. on January 31, 2011. Plaintiffs and Gorton are directed to confer in good faith to identify a subset of Gorton's assets that are of particular interest to Plaintiffs, and then to identify a limited range of documents that would be in Gorton's possession, custody or control, and that would be sufficient to enable Plaintiffs to make a reasonable estimate ofthe fair market value of Gorton's interest in each of those assets. To the extent the parties are unable to reach an agreement, the Court will entertain a renewed application from Plaintiffs setting forth more narrowly tailored demands for particular categories of documents regarding particular assets.(Signed by Magistrate Judge Debra C. Freeman on 2/7/11); Copies sent by Chambers. (djc)
February 3, 2011 Filing 459 MOTION for Hailyn J. Chen to Appear Pro Hac Vice. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.(mro)
February 3, 2011 Filing 446 SEALED DOCUMENT placed in vault.(cb)
February 2, 2011 Filing 458 Letter addressed to Magistrate Judge Debra C. Freeman from Mary Eaton dated 1/24/11 re: Defendants submit this reply in further support of their application for an order overruling discovery objections asserted by non party MySpace. Document filed by Mark Gorton, Lime Group LLC, M.J.G. Lime Wire Family Limited Partnership.(mro)
February 2, 2011 Filing 457 Letter addressed to Magistrate Judge Debra C. Freeman from Matthew D. Ingber dated 1/21/11 re: Google Inc submits this letter in response to defendants' 1/14/11 letter. (mro)
February 2, 2011 Filing 456 Letter addressed to Magistrate Judge Debra C. Freeman from Mary Eaton dated 1/14/11 re: Defendants request that this Court issue an order that compels Google to produce the documents as required by the subpoena. Document filed by Mark Gorton, Lime Group LLC, M.J.G. Lime Wire Family Limited Partnership.(mro)
February 2, 2011 Filing 455 Letter addressed to Magistrate Judge Debra C. Freeman from Mary Eaton dated 1/14/11 re: Defendants request that this Court grant those applications to compel and direct those non parties to produce communications with plaintiffs and other responsive documents that they have unreasonably withheld from production. Document filed by Mark Gorton, Lime Group LLC, M.J.G. Lime Wire Family Limited Partnership.(mro)
February 2, 2011 Filing 454 Letter addressed to Magistrate Judge Debra C. Freeman from Mary Eaton dated 1/4/11 re: We submit this short reply in further support of their application for an order overruling discovery objections asserted by non party iMesh, Inc. and directing iMesh to produce documents in response to defendants' subpoena. (mro)
February 2, 2011 Filing 453 Letter addressed to Magistrate Judge Debra C. Freeman from Mary Eaton dated 12/21/10 re: We submit this short reply in further support of their application for an order overruling discovery objections asserted by non party Google, Inc. Document filed by Mark Gorton, Lime Group LLC, M.J.G. Lime Wire Family Limited Partnership.(mro)
February 2, 2011 Filing 452 Letter addressed to Magistrate Judge Debra C. Freeman from Mary Eaton dated 12/21/10 re: We submit this short reply in further support of their application for an order overruling discovery objections asserted by non party Yahoo and directing Yahoo! to produce documents in response to defendants' subpoena. (mro)
February 2, 2011 Filing 451 Letter addressed to Magistrate Judge Debra C. Freeman from Jeffrey Weingart dated 12/21/10 re: iMesh requests that the Court sustain iMesh's objections to the Subpoenas, deny defendants' Motion to compel production, quash the subpoenas, aware iMesh its attorneys' fees expended. (mro)
February 2, 2011 Filing 450 Letter addressed to Magistrate Judge Debra C. Freeman from Robert C. Turner dated 12/15/10 re: Yahoo! requests that the Court deny defendants' motion to overrule Yahoo!'s objections and compel production of email communications pursuant to the Yahoo! subpoena. (mro)
February 2, 2011 Filing 449 Letter addressed to Magistrate Judge Debra C. Freeman from Mary Eaton dated 12/13/10 re: Defendants sumbit this letter brief in support of their application for an Order overruling discovery objections asserted by non party iMesh, Inc. Document filed by Mark Gorton, Lime Group LLC, M.J.G. Lime Wire Family Limited Partnership. (mro)
February 2, 2011 Filing 448 Letter addressed to Magistrate Judge Debra C. Freeman from Mary Eaton dated 12/10/10 re: Defendants submit this letter brief in support of their application for an Order overruling discovery objections asserted by non party Yahoo! Inc. Document filed by Mark Gorton, Lime Group LLC, M.J.G. Lime Wire Family Limited Partnership. (mro)
February 2, 2011 Filing 447 Letter addressed to Magistrate Judge Debra C. Freeman from Mary Eaton dated 12/10/10 re: Defendants sumbit this letter brief in support of their application for an Order overruling discovery objections asserted by non party Google, Inc. Document filed by Mark Gorton, Lime Group LLC, M.J.G. Lime Wire Family Limited Partnership.(mro)
February 1, 2011 Filing 442 DECLARATION of Mary Eaton in Opposition re: 410 Objection to Report and Recommendations,. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit 01, # 2 Exhibit 02, # 3 Exhibit 03, # 4 Exhibit 04, # 5 Exhibit 05, # 6 Exhibit 06, # 7 Exhibit 07, # 8 Exhibit 08)(Eaton, Mary)
January 31, 2011 Filing 444 SEALED DOCUMENT placed in vault.(nm)
January 31, 2011 Opinion or Order Filing 443 ORDER. For the reasons stated in this order, iMesh and MySpace's motions for sanctions are denied; Google's motion to shift costs is denied; and it is hereby ORDERED that, to the extent they have not already done so, the Licensees shall produce, for the period described above, any communications, both internal and with Plaintiffs, relating to their licenses with Plaintiffs and/or relating to LimeWire, to the extent those communications reflect information regarding Plaintiffs' conduct, positions, or views about online licensing or about LimeWire. Defendants' applications are denied in all other respects. (Signed by Magistrate Judge Debra C. Freeman on 1/31/2011) Copies Sent By Chambers via ECF. (rjm)
January 31, 2011 Filing 441 RESPONSE re: 410 Objection to Report and Recommendations,. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Eaton, Mary)
January 31, 2011 Filing 440 MOTION to Seal Confidential Material. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
January 31, 2011 Filing 439 DECLARATION of Melinda E. LeMoine in Support re: 404 MOTION to Disqualify Willkie Farr & Gallagher LLP as Counsel for Defendants.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Klaus, Kelly)
January 31, 2011 Filing 438 REPLY MEMORANDUM OF LAW in Support re: 404 MOTION to Disqualify Willkie Farr & Gallagher LLP as Counsel for Defendants. PUBLIC REDACTED VERSION. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
January 31, 2011 Filing 437 ENDORSED LETTER addressed to Judge Kimba M. Wood from Joseph D. Cohen dated 1/24/2011 re: Counsel respectfully request that their name be removed from the above action. ENDORSEMENT: So Ordered. (Signed by Judge Kimba M. Wood on 1/28/2011) (jfe)
January 28, 2011 Filing 445 DECLARATION OF KELLY M. KLAUS in support of plaintiffs' Motion for Partial Summary Judgment on the direct infringement of the works at issue ***Hard drive attached hereto. Document filed by Arista Music, fka BMG Music, BMG Music, Capitol Records, Inc., Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc. ***Accepted for filing by the Honorable Kimba M. Wood on 1/26/11, document number 436.(mro)
January 28, 2011 Opinion or Order Filing 436 ORDER REGARDING LODGING OF CERTAIN MEDIA WITH THE OFFICES OF THE CLERK OF THE SOUTHERN DISTRICT OF NEW YORK IN THE PEARL STREET COURTHOUSE, that Plaintiffs shall be permitted to present the Hard Drive to the offices of the clerk of the Southern District of New York in the Pearl Street Courthouse and those offices shall accept the Hard Drive for filing in this matter. For reference of the offices of the clerk, with the Hard Drive, Plaintiffs shall present a copy of the previous ECF-filed Declaration to which the Hard Drive is an exhibit. Plaintiffs shall not present copies of the other exhibits to the Declaration. (Signed by Judge Kimba M. Wood on 1/26/11) (pl) Modified on 1/28/2011 (pl).
January 27, 2011 Filing 435 DECLARATION of Chris Connelly in Support re: 430 MOTION for Partial Summary Judgment on the Direct Infringement of the Works at Issue.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A)(Klaus, Kelly)
January 27, 2011 Filing 434 DECLARATION of Thomas Sehested in Support re: 430 MOTION for Partial Summary Judgment on the Direct Infringement of the Works at Issue.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A)(Klaus, Kelly)
January 27, 2011 Filing 433 DECLARATION of Kelly M. Klaus in Support re: 430 MOTION for Partial Summary Judgment on the Direct Infringement of the Works at Issue.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-1, # 3 Exhibit 2-2, # 4 Exhibit 3, # 5 Exhibit 4)(Klaus, Kelly)
January 27, 2011 Filing 432 RULE 56.1 STATEMENT. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
January 27, 2011 Filing 431 MEMORANDUM OF LAW in Support re: 430 MOTION for Partial Summary Judgment on the Direct Infringement of the Works at Issue.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
January 27, 2011 Filing 430 MOTION for Partial Summary Judgment on the Direct Infringement of the Works at Issue. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
January 24, 2011 Filing 429 SEALED DOCUMENT placed in vault.(nm)
January 24, 2011 Filing 428 SEALED DOCUMENT placed in vault.(cb)
January 24, 2011 Filing 427 CERTIFICATE OF SERVICE. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Netzer, Roger)
January 24, 2011 Filing 426 MOTION to Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Netzer, Roger)
January 24, 2011 Filing 425 DECLARATION of Roger Netzer in Opposition re: 404 MOTION to Disqualify Willkie Farr & Gallagher LLP as Counsel for Defendants.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Netzer, Roger)
January 24, 2011 Filing 424 MEMORANDUM OF LAW in Opposition re: 404 MOTION to Disqualify Willkie Farr & Gallagher LLP as Counsel for Defendants.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Netzer, Roger)
January 24, 2011 Filing 423 MOTION to Seal. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Lemoine, Melinda)
January 24, 2011 Filing 422 RULE 56.1 STATEMENT. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
January 24, 2011 Filing 421 MEMORANDUM OF LAW in Support re: 420 MOTION for Partial Summary Judgment.. Document filed by Arista Music, fka BMG Music, Arista Records LLC, Atlantic Recording Corporation, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony Music Entertainment, fka Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
January 24, 2011 Filing 420 MOTION for Partial Summary Judgment. Document filed by Arista Records LLC, Atlantic Recording Corporation, Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Arista Music, fka BMG Music, Capitol Records, LLC, fka Capitol Records, Inc., Elektra Entertainment Group Inc., Sony Music Entertainment, fka Sony BMG Music Entertainment. Responses due by 2/22/2011(Lemoine, Melinda)
January 24, 2011 Filing 419 ENDORSED LETTER addressed to Judge Kimba M. Wood from Michael Sommer dated 1/24/11 re: Request to be removed from this action as per the motion to withdraw, which was granted. ENDORSEMENT: So Ordered. (Signed by Judge Kimba M. Wood on 1/24/11) (cd)
January 24, 2011 Opinion or Order Filing 418 ORDER re Plaintiffs having filed an objection to Magistrate Judge Freeman's Report and Recommendation: Defendants' Response due by 1/31/2011. Reply due by 2/7/2011. (Signed by Judge Kimba M. Wood on 1/24/11) (cd)
January 21, 2011 Opinion or Order Filing 417 ORDER re Plaintiffs' Motion to Disqualify Willkie Farr & Gallagher LLP as Counsel for Defendants: Defendants opposition papers shall be served by 1/24/11 and plaintiffs' reply papers shall be served by 1/31/11. Defendants' memorandum of law shall not exceed 25 pages, and any reply memorandum shall not exceed 15 pages. Each memorandum shall contain a Table of Contents and a Table of Authorities. (Signed by Judge Kimba M. Wood on 1/21/11) (cd)
January 20, 2011 Filing 416 ENDORSED LETTER addressed to Judge Kimba M. Wood from Jessica Margolis dated 1/14/11 re: I write to request that my name be removed from the above-captioned action. Your Honor granted this firm's motion to withdraw. ENDORSEMENT: So ordered. (Signed by Judge Kimba M. Wood on 1/18/11) (rjm)
January 20, 2011 Filing 415 SEALED DOCUMENT placed in vault.(nm)
January 19, 2011 Filing 414 TRANSCRIPT of proceedings (Conference) held on 1/5/2011 before Judge Kimba M. Wood. (ja)
January 18, 2011 Opinion or Order Filing 413 ORDER re docket #339(order 1) and docket #363 (Order 2) and discovery rulings made at the 11/1/10 conference. At this point, Defendant seek to compel Plaintiffs to produce further documents in connection with Order 1 and to reinstate two of the rulings that Judge Wood held in abeyance--Orders 2 and 4, and as further set forth in this document. Plaintiffs are therefore directed to produce internal communications referring to 'LimeWire" from the files (including email) of 10 custodians, to be agreed by the parties after good faith conference. In all other respects, Defendants' request to reinstate Order 2 and 4 of the Order is denied. Copies sent by ECF to all parties (Signed by Magistrate Judge Debra C. Freeman on 1/18/11) (cd)
January 18, 2011 Filing 412 ENDORSED LETTER addressed to Judge Kimba M. Wood from Melinda E. LeMoine dated 1/17/2011 re: Requesting a four day extension of time until January 24 to file their motion for summary judgment on ownership. With this adjustment, Defendants' opposition on February 22 and Plaintiffs' reply will be due on March 1. ENDORSEMENT: Request granted. (Signed by Judge Kimba M. Wood on 1/18/2011) (jpo)
January 18, 2011 Filing 411 DECLARATION of Kelly M. Klaus in Support re: 410 Objection to Report and Recommendations,. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Klaus, Kelly)
January 18, 2011 Filing 410 OBJECTION to 398 Report and Recommendations Concerning 17 U.S.C. § 412(2) Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
January 14, 2011 Filing 409 SEALED DOCUMENT placed in vault.(nm)
January 14, 2011 Filing 408 MOTION to Seal Confidential Material. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
January 14, 2011 Filing 407 MOTION to Seal Confidential Material. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
January 14, 2011 Filing 406 DECLARATION of Kelly M. Klaus in Support re: 404 MOTION to Disqualify Willkie Farr & Gallagher LLP as Counsel for Defendants.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z)(Klaus, Kelly)
January 14, 2011 Filing 405 MEMORANDUM OF LAW in Support re: 404 MOTION to Disqualify Willkie Farr & Gallagher LLP as Counsel for Defendants.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
January 14, 2011 Filing 404 MOTION to Disqualify Willkie Farr & Gallagher LLP as Counsel for Defendants. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
January 13, 2011 Filing 403 ENDORSED LETTER addressed to Judge Kimba M. Wood from Tonia Ouellette Klausner dated 1/2/2011 re: I write requesting that my name be removed from the above captioned action. ENDORSEMENT: So Ordered. (Signed by Judge Kimba M. Wood on 1/13/2011) (jpo)
January 7, 2011 Opinion or Order Filing 401 ORDER: In conclusion, because the pleadings are insufficient to establish how Plaintiffs issued their individual sound recordings, the Court DENIES Defendants' 12(c) motion for partial judgment on the pleadings. (Signed by Judge Kimba M. Wood on 1/7/2011) (jpo)
January 6, 2011 Opinion or Order Filing 402 ORDER: Plaintiffs have sought leave to file several motions. The Court orders that these motions be briefed according to the following schedule and directions. Plaintiffs' motion for partial summary judgment on ownership: Plaintiffs' motion and papers shall be served by January 20, 2011; Defendants' opposition papers shall be served by February 17,2011; and Plaintiffs' reply papers shall be served by February 24, 2011. The memoranda of law shall not exceed 25 pages, except that any reply memorandum shall not exceed 15 pages. Each memorandum shall contain a Table of Contents and a Table of Authorities. Plaintiffs' motion for partial summary judgment on infringement: Plaintiffs' motion and papers shall be served by January 27, 2011; Defendants' opposition papers shall be served by February 28, 2011; and Plaintiffs' reply papers shall be served by March 7, 2011. The memoranda of law shall not exceed 25 pages, except that any reply memorandum shall not exceed 15 pages. Each memorandum shall contain a Table of Contents and a Table of Authorities. Plaintiffs' motion to disqualify defendants' counsel: Plaintiffs' motion and papers shall be served by January 14, 2011; Defendants' opposition papers shall be served by January 21, 2011; and Plaintiffs' reply papers shall be served by January 26, 2011. The memoranda of law shall not exceed 25 pages, except that any reply memorandum shall not exceed 15 pages. Each memorandum shall contain a Table of Contents and a Table of Authorities. Judge Freeman's December 29, 2010 Report and Recommendation: If Plaintiffs wish to object to Judge Freeman's December 29, 2011 Report andRecommendation, any such objection must be filed by January 18, 2011. (Signed by Judge Kimba M. Wood on 1/5/2011) (jpo)
January 6, 2011 Opinion or Order Filing 400 AMENDED STIPULATION AND PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. ENDORSEMENT: The within Stipulated Order is approved, except that any application to maintain the confidentiality of any documents or information at trial shall be made separately to the trial judge, in advance of trial. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 1/6/11) (db)
December 30, 2010 Opinion or Order Filing 399 ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Mary Eaton dated 11/29/10 re: In accordance with Your Honor's November 2 Order, Defendants submit this letter brief to show that actual damages - that is, any lost profits Plaintiffs allegedly suffered by virtue of Defendants' conduct - are relevant to the determination of statutory damages in this action. If Plaintiffs have not suffered any actual damage due to Defendants' conduct, that is highly relevant as well. As a result, Plaintiffs should be ordered to produce information sufficient to show the profits (or losses, if any) that they have made (or allegedly suffered) on the copyrighted works allegedly attributable to Defendants' conduct. ENDORSEMENT: The Court having reviewed and considered the parties' submissions on the question of whether Plaintiffs' expenses (as opposed to revenues) on post-1972 works should be the subject of discovery; and the Court being persuaded that Defendant should be given enough discovery to enable it to pursue an argument that the statutory damages being sought by Plaintiffs would be disproportionate to any actual damages; it is hereby ORDERED that Plaintiffs should produce documents sufficient to show their royalty expenses for a sample set of post-1972 songs and albums, such sample to be selected as follows: (1) Defendant may select 100 works (80 songs and 20 albums) that it believes would be representative; (2) Plaintiff may then select another 100 works (again, 80 songs and 20 albums) that they believe would be representative, and (3) an additional 100 works (80 works and 20 albums) shall be selected at random from the remainder. The royalty information for these works may be produced pursuant to a Confidentiality Order. So ordered.ENDORSEMENT: Corrected as shown. nunc pro tunc. (Signed by Magistrate Judge Debra C. Freeman on 12/30/10) (pl)
December 28, 2010 Filing 398 REPORT AND RECOMMENDATION: For the foregoing reasons, I recommend (1)that the Court find that Plaintiffs would no be entitled to statutory damages for Defendants' acts of infringement with respect to any work where the first act of infringement was prior to registration, unless registration was made within three months after the first publication of that work, and (2)that, to the extent Plaintiffs have gathered information regarding specific instances of the recordings at issue in this case being downloaded via the Lime Wire system, Plaintiffs be directed to provide Defendants with documents or information sufficient to show the earliest dates that each such recording was downloaded, as set forth in this Court's 11/2/10 Order. So Ordered Objections to R&R due by 1/14/2011 (Signed by Magistrate Judge Debra C. Freeman on 12/28/2010) (js)
December 28, 2010 Opinion or Order Filing 397 ORDER: Defendants' request for documents related to the registration and release of sound recordings as singles, separate and apart from their registration and release as part of album complications, is denied without prejudice to renew after the Court has ruled on defendants' motion under Rule 12(c) of the Federal Rules of Civil Procedure (Dkt. 330), which relates to this issue. Accordingly, no later than January 7, 2011, Plaintiffs and any person arising from any lawsuit which Plaintiffs alleged copyright infringement on the LimeWire system. So Ordered. (Signed by Magistrate Judge Debra C. Freeman on 12/28/2010) (js)
December 23, 2010 Filing 395 MOTION to Seal Document. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
December 22, 2010 Filing 396 SEALED DOCUMENT placed in vault.(cb)
December 22, 2010 Filing 394 SEALED DOCUMENT placed in vault.(cb)
December 22, 2010 Filing 393 MOTION to Seal Document. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
December 22, 2010 CASHIERS OFFICE REMARK on 383 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 11/29/2010, Receipt Number 922465. (jd)
December 20, 2010 Opinion or Order Filing 392 ORDER Should Plaintiffs decide to file a Motion to Disqualify: motion to be served by 1/7/11; opposition to be served by 1/14/11; and reply to be served by 1/19/11. The memoranda of law should not exceed 20 pages, except that any reply memorandum shall not exceed 15 pages. The memoranda shall each contain a Table of Contents and a Table of Authorities. (Signed by Judge Kimba M. Wood on 12/17/10) (cd)
December 16, 2010 Opinion or Order Filing 391 ORDER granting 383 Motion for L. Ashley Aull to Appear Pro Hac Vice. So Ordered. (Signed by Magistrate Judge Debra C. Freeman on 12/16/2010) (js)
December 16, 2010 Filing 390 SEALED DOCUMENT placed in vault.(cb)
December 16, 2010 Filing 389 SEALED DOCUMENT placed in vault.(nm)
December 14, 2010 Opinion or Order Filing 388 ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Mary Eaton dated 11/29/10 re: In accordance with Your Honor's November 2 Order, Defendants submit this letter brief to show that actual damages - that is, any lost profits Plaintiffs allegedly suffered by virtue of Defendants' conduct - are relevant to the determination of statutory damages in this action. If Plaintiffs have not suffered any actual damage due to Defendants' conduct, that is highly relevant as well. As a result, Plaintiffs should be ordered to produce information sufficient to show the profits (or losses, if any) that they have made (or allegedly suffered) on the copyrighted works allegedly attributable to Defendants' conduct. ENDORSEMENT: The Court having reviewed and considered the parties' submissions on the question of whether Plaintiffs' expenses (as opposed to revenues) on post-1972 works should be the subject of discovery; and the Court being persuaded that Defendant should be given enough discovery to enable it to pursue an argument that the statutory damages being sought by Plaintiffs would be disproportionate to any actual damages; it is hereby ORDERED that Plaintiffs should produce documents sufficient to show their royalty expenses for a sample set of post-1972 songs and albums, such sample to be selected as follows: (1) Defendant may select 100 works (80 songs and 20 albums) that it believes would be representative; (2) Plaintiff may then select another 100 works (again, 80 songs and 20 albums) that they believe would be representative, and (3) an additional 100 works (80 works and 20 albums) shall be selected at random from the remainder. The royalty information for these works may be produced pursuant to a Confidentiality Order. So ordered. (Signed by Magistrate Judge Debra C. Freeman on 12/14/10) (rjm)
December 9, 2010 CASHIERS OFFICE REMARK on 346 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 11/05/2010, Receipt Number 920479. (jd)
December 8, 2010 Filing 387 Letter addressed to Magistrate Judge Debra C. Freeman from George M. Borkowski dated 12/8/2010 re: The letter reply brief submitted earlier today by the Lime Wire defendants seeking an order enforcing Lime Wire's second subpoena to the Recording Industry Association of America, Inc., disingenuous and misguided. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(mbe)
December 8, 2010 Filing 386 Letter addressed to Magistrate Judge Debra C. Freeman from Mary Eaton dated 11/30/2010 re: Pursuant to the Court's request, Defendants submit this short reply in further support of their application for an Order, pursuant to Federal Rules of Civil Procedures 16 and 45, overruling the discovery objections asserted by the RIAA and directing the RIAA to produce documents in response to Defendants' Subpoena..Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(mbe)
December 8, 2010 Filing 385 Letter addressed to Magistrate Judge Debra C. Freeman from George M. Borkowski dated 11/23/2010 re: I received by email a motion to compel the production of documents by the RIAA filed by the Lime Wire Defendants. The motion to compel is defective for at least two reasons.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.(mbe)
December 7, 2010 Opinion or Order Filing 384 ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Mary Eaton, dated 11/19/2010, re: Defendants Lime Group LLC, Lime Wire LLC, Mark Gorton, and M.J.G. Lime Wire Family Limited Partnership (collectively, "Defendants"), submit this letter brief in support of their application for an Order, pursuant to Federal Rules of Civil Procedure 16 and 45, overruling the objections asserted by the Recording Industry Association of America (the "RIAA"), and directing the RIAA to produce documents responsive to the subpoena served on it by the Defendants on September 23, 2010 (the "Subpoena"). A copy of the Subpoena and the Responses and Objections to the Subpoena served by the RIAA on Defendants on November 4, 2010 (the "RIAA Objections") are filed herewith as Exhibits A and B. ENDORSEMENT: The within application to compel compliance with a subpoena served by defendants on non-party RIAA is denied, for the reason that the Court lacks jurisdiction to enforce a subpoena issued out of the U.S. District Court for the District of Columbia. The Court is not persuaded that an exception tot he jurisdictional rule applies in this case. SO ORDERED (Signed by Magistrate Judge Debra C. Freeman on 12/7/2010) (lnl)
December 6, 2010 Minute Entry for proceedings held before Judge Kimba M. Wood: Motion Hearing held on 12/6/2010 re: 383 MOTION for L. Ashley Aull to Appear Pro Hac Vice. Parties are to have telephone conf. with Magistrate Judge Freeman on 12/13/10 at 3pm. (Status Report). (pl)
November 30, 2010 Opinion or Order Filing 382 MEMO ENDORSEMENT ON 368 DEFENDANTS' NOTICE OF MOTION AND MOTION TO FILE CONFIDENTIAL MATERIAL UNDER SEAL. ENDORSEMENT: Request Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/29/2010) (lnl)
November 30, 2010 Opinion or Order Filing 381 MEMO ENDORSEMENT ON 371 PLAINTIFF'S NOTICE OF MOTION AND MOTION TO FILE CONFIDENTIAL MATERIAL UNDER SEAL. ENDORSEMENT: Request Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/29/2010) (lnl)
November 30, 2010 Filing 380 SEALED DOCUMENT placed in vault.(cb)
November 29, 2010 Filing 383 MOTION for L. Ashley Aull to Appear Pro Hac Vice. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.(mro)
November 29, 2010 Filing 379 BRIEF Pursuant to November 19 Order. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Klaus, Kelly)
November 29, 2010 Filing 378 DECLARATION of Melinda E. LeMoine in Support re: 234 MOTION for Permanent Injunction.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 (Under Seal), # 5 Exhibit 5 (Under Seal), # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Lemoine, Melinda)
November 29, 2010 Filing 377 DECLARATION of JILLIAN SONG in Support re: 234 MOTION for Permanent Injunction.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lemoine, Melinda)
November 29, 2010 Filing 376 REPLY MEMORANDUM OF LAW in Support re: 234 MOTION for Permanent Injunction.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
November 29, 2010 Filing 375 DECLARATION of Kelly M. Klaus in Support re: 234 MOTION for Permanent Injunction.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Lemoine, Melinda)
November 29, 2010 Filing 374 DECLARATION of ELLIS HOROWITZ in Support re: 234 MOTION for Permanent Injunction., 276 MOTION to Seal Document.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2)(Lemoine, Melinda)
November 29, 2010 Filing 373 DECLARATION of ELLIS HOROWITZ in Support re: 234 MOTION for Permanent Injunction.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit A-5, # 6 Exhibit A-6, # 7 Exhibit A-7, # 8 Exhibit A-8, # 9 Exhibit B-1, # 10 Exhibit B-2, # 11 Exhibit B-3)(Lemoine, Melinda)
November 24, 2010 Filing 372 SEALED DOCUMENT placed in vault.(cb)
November 24, 2010 Filing 371 MOTION to Seal Document in Support of Reply in Support of Motion for Expedited Appointment of Receiver to Ensure Compliance with Permanent Injunction. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
November 24, 2010 Filing 370 REPLY AFFIDAVIT of Kelly M. Klaus in Support re: 357 EMERGENCY MOTION to Appoint Receiver to Ensure Compliance with Permanent Injunction.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit L, # 2 Exhibit M, # 3 Exhibit N, # 4 Exhibit O)(Klaus, Kelly)
November 24, 2010 Filing 369 REPLY MEMORANDUM OF LAW in Support re: 357 EMERGENCY MOTION to Appoint Receiver to Ensure Compliance with Permanent Injunction.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
November 23, 2010 Filing 368 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Mundiya, Tariq)
November 23, 2010 Opinion or Order Filing 367 ORDER; that before the Court is Defendants' application for an order compelling non-party VEVO, LLC ("VEVO") to produce documents in response to a subpoena served on VEVO by Defendants. it is hereby ORDERED that VEVO produce: 1. All signed contracts, licenses, or other agreements between VEVO and any plaintiff in this case, concerning the use, publication, display, or broadcast of any material to which any plaintiff owns, holds, claims, or otherwise maintains a copyright, including supplements, modifications, and amendments, but not including drafts, except to the extent that drafts are attached to the communications separately ordered to be produced, as set forth in paragraph 3(b) below. Additional relief as set forth in this Order. (Signed by Magistrate Judge Debra C. Freeman on 11/23/10) Copies To All Parties via ECF. (pl) Modified on 11/23/2010 (pl).
November 22, 2010 Opinion or Order Filing 366 ORDER: 1. Subject to the limitations set forth below, Defendants shall produce to Plaintiffs, no later than November 24, 2010: a. all documents relating to the use of so-called "SIMPP" files to implement the Injunction, or to affect the setting in the existing base of legacy LimeWire clients in compliance with the Injunction; b. all documents relating to the security surrounding the so-called SIMPP "Private Key," or access measures used to protect the SIMPP Private Key; and c. all documents relating to the use of unauthorized SIMPP files. 2. The document custodians whose records shall be searched in connection with paragraph 1, above, shall include: a. those current and former LimeWire employees identified by Defendants on pages 13-14 of their November 19, 2010 report to the Court, as having potentially had "actual access to the Private Key and the previous Private Key"; b. Mike Gorton; c. John Pavley; and d. George Searle. 3. The time-frame covering the document production described in paragraph 1, above, shall be from August 1, 2010, to the present. 4. Defendants' searches for electronically stored documents or information required to be produced by paragraph 1, above, shall be run on the above-listed custodians' computer hard drives, as well as on any shared or networked drives, and shall, at a minimum, be run with each of the following search terms: a."SIMPP"; b. "key"; and c. "pira*" (in order to uncover documents containing the words "piracy," "pirated," "pirate," or "pirates," or other variants of such words). 5. Plaintiffs' request for discovery into Defendants' internal investigation of the potential violation of the Injunction is denied, given the likely privilege and work product protections that would be afforded to the requested documents. This denial is, however, without prejudice to renew upon a showing of authority as to why such protections have been waived or should otherwise be found to be overcome. 6. Plaintiffs' request for party depositions regarding the potential violation of the lnjuction is denied, without prejudice to renew after the production of documents and after the Court issues a decision on Plaintiffs' motion for the appointment of a Receiver. 7. Defendants are directed to take all appropriate steps to preserve information currently stored on the computer hard drives of all custodians listed above. (Signed by Magistrate Judge Debra C. Freeman on 11/22/10) Copies By ECF. (db)
November 22, 2010 Filing 365 MEMO ENDORSED granting 359 Motion to Seal Document. ENDORSEMENT: Request granted. The documents described in this motion may be filed under seal. All other documents shall be filed publicly with the Court. (Signed by Judge Kimba M. Wood on 11/22/10) (cd)
November 22, 2010 Filing 364 SEALED DOCUMENT placed in vault.(nm)
November 19, 2010 Opinion or Order Filing 363 OPINION AND ORDER. #99675 The November 2 Order is AFFIRMED, with the exception that the Court holds in abeyance ruling on Orders 2-4 and 7, as set forth above. Discovery and briefing shall proceed, as consistent with this Order, at the direction of Judge Freeman. (Signed by Judge Kimba M. Wood on 11/18/10) (djc) Modified on 11/22/2010 (djc). Modified on 11/23/2010 (ajc).
November 19, 2010 Opinion or Order Filing 362 ORDER. Plaintiffs have filed a "Motion for Expedited Appointment of Receiver to Ensure Compliance with Permanent Injunction." (Dckt Entry No. 357.) Defendants are ordered to respond to that motion by Tuesday, November 23, 2010 at 5:00 p.m. Plaintiffs shall file any reply by Wednesday, November 24, 2010, at 12:00 p.m. (Signed by Judge Kimba M. Wood on 11/19/10) (djc) Modified on 11/22/2010 (djc).
November 19, 2010 Filing 361 SEALED DOCUMENT placed in vault.(cb)
November 19, 2010 Set/Reset Deadlines as to 357 EMERGENCY MOTION to Appoint Receiver to Ensure Compliance with Permanent Injunction. Responses due by 11/23/2010, Replies due by 11/24/2010. (djc)
November 18, 2010 Filing 360 CERTIFICATE OF SERVICE of Documents to be Filed Under Seal served on Lime Wire LLC, Lime Group LLC, Mark Gorton, MJ.G. Lime Wire Family Limited Partnership on November 18, 2010. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
November 18, 2010 Filing 359 MOTION to Seal Document 357 EMERGENCY MOTION to Appoint Receiver to Ensure Compliance with Permanent Injunction., 358 Declaration in Support of Motion,,, (Exhibits B-I Thereto Only); and Declaration of Professor Ellis Horowitz in Support of Motion. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Klaus, Kelly)
November 18, 2010 Filing 358 DECLARATION of KELLY M. KLAUS in Support re: 357 EMERGENCY MOTION to Appoint Receiver to Ensure Compliance with Permanent Injunction.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B - UNDER SEAL, # 3 Exhibit C - UNDER SEAL, # 4 Exhibit D - UNDER SEAL, # 5 Exhibit E - UNDER SEAL, # 6 Exhibit F - UNDER SEAL, # 7 Exhibit G - UNDER SEAL, # 8 Exhibit H - UNDER SEAL, # 9 Exhibit I - UNDER SEAL, # 10 Exhibit J, # 11 Exhibit K)(Klaus, Kelly)
November 18, 2010 Filing 357 EMERGENCY MOTION to Appoint Receiver to Ensure Compliance with Permanent Injunction. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Memorandum of Points and Authorities in Support, # 2 Text of Proposed Order Attachment A - Proposed Order)(Klaus, Kelly)
November 18, 2010 Filing 356 DECLARATION of Zeeshan Zaidi in Opposition re: 234 MOTION for Permanent Injunction.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Mundiya, Tariq)
November 18, 2010 Filing 355 DECLARATION of Tom Monday in Opposition re: 234 MOTION for Permanent Injunction.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC. (Attachments: # 1 Exhibit A)(Mundiya, Tariq)
November 18, 2010 Filing 354 DECLARATION of Dr. Steven D. Gribble in Opposition re: 234 MOTION for Permanent Injunction.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC. (Attachments: # 1 Exhibit A)(Mundiya, Tariq)
November 18, 2010 Filing 353 DECLARATION of Francis Kim in Opposition re: 234 MOTION for Permanent Injunction.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC. (Mundiya, Tariq)
November 16, 2010 Opinion or Order Filing 352 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 346 Motion for Susan T. Boyd to Appear Pro Hac Vice. (Signed by Magistrate Judge Debra C. Freeman on 11/16/2010) (jpo)
November 16, 2010 Opinion or Order Filing 351 ORDER: Plaintiffs' request to seek expedited discovery from third parties, relating to the source(s) of the pirated software, is granted, without objection from defendants. Not later than 11/19/2010, defendants are directed to: a. report to the Court any results, as of that date, of their investigation as to the person(s) responsible for the piracy, b. inform Plaintiffs of the identity of such person(s) (see order), and c. produce to defendants all documents referring or relating to the LimeWire Pirate Edition, or its creation, launch, and distribution. Telephone Conference set for 11/22/2010 at 12:00 PM before Magistrate Judge Debra C. Freeman. (Signed by Magistrate Judge Debra C. Freeman on 11/16/2010) Copies Sent to all parties via ECF. (jar)
November 15, 2010 Opinion or Order Filing 350 ORDER granting Defendants' 348 Motion to Seal its "Progress Report on Permanent Injunction." (Signed by Judge Kimba M. Wood on 11/15/10); (djc) Modified on 11/15/2010 (djc).
November 15, 2010 Opinion or Order Filing 349 ORDER The Court orders the parties to file with the Court all of the documents described in the following pending motions: Docket Entry # 238; Docket Entry # 259; and Docket Entry # 276. The following documents may be filed under seal: Exhibits 4 & 5 to the Declaration of Melinda E. LeMoine; The Declaration of Tonia Ouellette Klausner and Exhibits A-CC attached thereto; Declaration of John Pavley and Exhibit A attached thereto; Declaration of George Searle; The unredacted version of Defendants' Opposition to Plaintiffs' Motion for Permanent Injunction. All other documents must be filed publicly with the Court. (Signed by Judge Kimba M. Wood on 11/15/10); (djc)
November 9, 2010 Filing 348 MOTION to Seal Defendants' Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC.(Mundiya, Tariq)
November 9, 2010 Filing 347 ENDORSED LETTER addressed to Magistrate Judge Debra Freeman from Lisa C. Solbakken dated 10/26/10 re: counsel for Tower respectfully requests the Court's assistance with issues arising from its voluntary participation in the settlement process that, until very recently, were on-going in connection with the above- referenced case and also requests that this Court schedule a conference at its earliest convenience to discuss these matters or otherwise direct Plaintiffs to comply with their obligations. ENDORSEMENT: Non-parties Tower Research Capital LLC and Tower Research Capital Investments LLC (together, Tower) are directed to provide the Court with authority for their position that that they have standing to bring this matter before the Court, and that the Court has jurisdiction over the dispute. (Signed by Magistrate Judge Debra C. Freeman on 11/9/10) (pl)
November 5, 2010 Filing 346 MOTION for Susan T. Boyd to Appear Pro Hac Vice. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(mbe)
November 5, 2010 Filing 345 ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Glenn D. Pomerantz dated 11/4/2010, re: Plaintiffs request that the deadline for providing a proposed schedule to Your Honor be extended until 48 hours after Judge Wood rules. Plaintiffs continue to meet and confer in good faith with Defendants to resolve the remaining issues identified in Your Honor's Order. We ask only for a brief extension in the scheduling portion of the Order pending Judge Wood's decision. ENDORSEMENT: Denied. The parties should proceed to submit a proposed schedule in compliance with this Court's order, although that schedule for production of documents may take the pending appeal into account. In other words, Plaintiff's may propose waiting until after the appeal is decided to make document production - but should not wait to propose a schedule. (Signed by Magistrate Judge Debra C. Freeman on 11/4/2010) (lnl) Modified on 11/12/2010 (lnl).
November 5, 2010 Filing 344 DECLARATION of John R. Oller in Support re: 330 MOTION for Judgment on the Pleadings (Partial Judgment on the Pleadings).. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Oller, John)
November 5, 2010 Filing 343 REPLY MEMORANDUM OF LAW in Support re: 330 MOTION for Judgment on the Pleadings (Partial Judgment on the Pleadings).. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Oller, John)
November 5, 2010 Filing 342 NOTICE OF APPEARANCE by Benjamin Sahl on behalf of Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc. (Sahl, Benjamin)
November 4, 2010 Opinion or Order Filing 341 ORDER: The Court has received Plaintiffs' letter, dated November 3, 2010, seeking urgent review of an Order of Magistrate Judge Freeman, dated November 2, 2010. The Court orders the Defendant to respond to that letter by Friday, November 5, at 12:00 p.m. Any date for oral argument will be set by the Court upon receipt and review of the parties' submission. Each date contained in parties' joint pretrial schedule, adopted by the Court on September 13,2010, is hereby extended by ten days. (Signed by Judge Kimba M. Wood on 11/3/2010) (lnl)
November 2, 2010 Filing 340 NOTICE OF APPEARANCE by Mary Jane Eaton on behalf of Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership (Eaton, Mary)
November 2, 2010 Opinion or Order Filing 339 ORDER. The Court having held a case management conference with counsel for all parties on November 1, 2010, for the purpose of resolving the parties' various discovery disputes, it is hereby ORDERED, for the reasons stated on the record at that conference the resolution of those issues are set forth herein. Plaintiffs' motion for reconsideration of this Court's prior Order of October 15, 2010 (Dkt. 329) is granted, and the provision of that Order requiring Plaintiffs to "produce in discovery their license agreements and related communications with third-party licensees, for the period from April 18, 2008 to the present" is modified as set forth herein. Defendants' request for further discovery related solely to the issue of "causation" is denied. Defendants' request for further discovery related solely to the issue of "mitigation of damages" is denied, but the parties are directed to confer in good faith regarding the potential production of documents or information regarding Plaintiffs' distribution of copyrighted works on line for free, or without so-called "Digital Rights Management" protection, to the extent such information may be relevant to other issues remaining in this case. (Signed by Magistrate Judge Debra C. Freeman on 11/2/10) (djc) Modified on 11/4/2010 (djc).
October 29, 2010 Filing 337 MOTION Request for Judicial Notice re: 335 Memorandum of Law in Opposition to Motion,, 336 Affidavit in Opposition to Motion,, REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc..(Pomerantz, Glenn)
October 29, 2010 Filing 336 AFFIDAVIT of Jillian Song in Opposition re: 330 MOTION for Judgment on the Pleadings (Partial Judgment on the Pleadings).. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit Exhibit 1 to Declaration of Jillian Song, # 2 Exhibit Exhibit 2 to Declaration of Jillian Song)(Pomerantz, Glenn)
October 29, 2010 Filing 335 MEMORANDUM OF LAW in Opposition re: 330 MOTION for Judgment on the Pleadings (Partial Judgment on the Pleadings). PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Pomerantz, Glenn)
October 27, 2010 Filing 334 CONSENT INJUNCTION: It is hereby sitpulated and agreed by and between the parties that the Court enters Permanent Injunction in favor of the Plaintiffs and against Lime Wire pursuant to 17 U.S.C. 502 and F.R.C.P 65, as set forth in this Consent Injunction. (Signed by Judge Kimba M. Wood on 10/26/2010) (jpo)
October 26, 2010 Opinion or Order Filing 333 ORDER. The Court orders the parties to submit letter briefs as to why the documents described in the pending motions to file under seal (D.E. 238, 259, and 276) should remain under seal after the Court's entry of the Consent Injunction. All letter briefs shall be submitted to the Court by Monday, November 1, 2010, at 5:00 p.m. (Signed by Judge Kimba M. Wood on 10/26/10) (djc)
October 22, 2010 Filing 332 DECLARATION of Todd G. Cosenza in Support re: 330 MOTION for Judgment on the Pleadings (Partial Judgment on the Pleadings).. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit 1.1, # 2 Exhibit 1.2, # 3 Exhibit 1.3, # 4 Exhibit 1.4, # 5 Exhibit 1.5, # 6 Exhibit 1.6, # 7 Exhibit 1.7, # 8 Exhibit 1.8, # 9 Exhibit 1.9, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4.1, # 13 Exhibit 4.2, # 14 Exhibit 4.3, # 15 Exhibit 4.4, # 16 Exhibit 4.5, # 17 Exhibit 4.6, # 18 Exhibit 4.7, # 19 Exhibit 4.8)(Mundiya, Tariq)
October 22, 2010 Filing 331 MEMORANDUM OF LAW in Support re: 330 MOTION for Judgment on the Pleadings (Partial Judgment on the Pleadings).. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Mundiya, Tariq)
October 22, 2010 Filing 330 MOTION for Judgment on the Pleadings (Partial Judgment on the Pleadings). Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Mundiya, Tariq)
October 15, 2010 Opinion or Order Filing 329 ORDER: For the foregoing reasons, Plaintiffs' motion to quash the third-party subpoenas (Dkt. 327) is denied, and, in addition, Plaintiffs are directed to produce in discovery their license agreements and related communications with third-party licensees, for the period from April 18, 2008 to the present. To the extent that, after good faith conference, the parties still need judicial resolution of any other discovery disputes, they are directed to submit a joint letter to the Court, no later than one week from the date of this Order, identifying each dispute that remains extant. (Signed by Magistrate Judge Debra C. Freeman on 10/15/2010) Copies Mailed By Chambers. (jpo)
October 15, 2010 Filing 328 LETTER addressed to Magistrate Judge Debra Freeman from Mary Eaton dated 9/29/10 re: We write in response to the letter from Glenn Pomerantz dated 9/27/10. Plaintiffs' objections should be rejected by the Court. Document filed by Mark Gorton, Lime Group LLC.(mro)
October 15, 2010 Filing 327 LETTER addressed to Magistrate Judge Debra Freeman from Glenn D. Pomerantz dated 9/27/10 re: Plaintiffs request a conference as soon as possible to address defendants' unauthorized third-party subpoenas. Defendants should be ordered to withdraw their served subpoenas immediately, and to cease serving any additional subpoenas. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.(mro)
October 15, 2010 Opinion or Order Filing 326 ORDER: The Court grants Defendants leave to file a motion for partial judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c).Defendants' motion shall be briefed according to the briefing schedule set forth in this Order. (Signed by Judge Kimba M. Wood on 10/14/2010) (jpo)
October 13, 2010 Minute Entry for proceedings held before Judge Kimba M. Wood: Status Conference held on 10/13/2010. Attorney Glenn Pomerantz, Robert Clarida and Jennifer Pariser are present for the plaintiffs. Attorneys Joseph Baio, Tariq Mundiya, John Oller and Todd Cosenza are present for the defendants. Defendant's motion for partial judgment shall be submitted in one week. Plaintiff's response shall be submitted one week after the motion is filed. Defendant's reply is due one week after the plaintiff's response. (mbe)
October 12, 2010 Filing 325 CERTIFICATE OF SERVICE of Plaintiff's Rule 26 Expert Disclosure for Dr. Richard Waterman; Percipient Witness Statement of Thomas Sehested; and Percipient Witness Statement of Chris Connelly served on Defendants on September 30, 2010. Service was accepted by Joseph Baio, Esq.; Tariq Mundiya, Esq.; and Todd Cosenza, Esq.. Service was made by Email. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Blavin, Jonathan)
October 8, 2010 Opinion or Order Filing 324 ORDER, that on request of the Defendants, the Court orders a pre-motion conference for October 14, 2010, at 1:00 pm, to discuss the Defendants' intention to file a motion for partial judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). (Signed by Judge Kimba M. Wood on 10/8/10) (pl)
September 23, 2010 Opinion or Order Filing 323 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Kimba M. Wood on 9/13/2010) (jpo)
September 14, 2010 Filing 322 DECLARATION of Michael S. Sommer in Support re: 320 MOTION for Wilson Sonsini Goodrich & Rosati to Withdraw as Attorney Notice of Motion and Motion for Withdrawal of Counsel.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Sommer, Michael)
September 14, 2010 Filing 321 MEMORANDUM OF LAW in Support re: 320 MOTION for Wilson Sonsini Goodrich & Rosati to Withdraw as Attorney Notice of Motion and Motion for Withdrawal of Counsel.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Sommer, Michael)
September 14, 2010 Filing 320 MOTION for Wilson Sonsini Goodrich & Rosati to Withdraw as Attorney Notice of Motion and Motion for Withdrawal of Counsel. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(Sommer, Michael)
September 14, 2010 Opinion or Order Filing 319 PRETRIAL SCHEDULING ORDER: Completion of opening productions twenty-one (21) days after issuance of the Court's order on the discovery disputes raised in the parties' August 20, 2010 letter briefs. Last day for parties to serve disclosure of expert witness testimony pursuant to Fed. R. Civ. P. 26(a)(2)on any issue where that side bears the burden of proof at trial 9/30/2010. Last day for discovery 11/15/2010. Motions due by 12/29/2010. Responses due by 1/7/2011 Replies due by 1/11/2011. Discovery due by 12/20/2010. Pretrial Order due by 1/3/2011. So Ordered. (Signed by Judge Kimba M. Wood on 9/13/2010) (js)
September 8, 2010 Filing 318 NOTICE of Joint Proposed Scheduling Order and Summary of Unresolved Scheduling Disputes. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Klaus, Kelly)
September 7, 2010 Filing 317 NOTICE of Name Change of Plaintiff Capitol Records, LLC, FKA Capitol Records, Inc.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Lemoine, Melinda)
September 1, 2010 Filing 316 NOTICE OF APPEARANCE by Todd G. Cosenza on behalf of Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership (Cosenza, Todd)
September 1, 2010 Filing 315 NOTICE OF APPEARANCE by Tariq Mundiya on behalf of Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership (Mundiya, Tariq)
September 1, 2010 Filing 314 NOTICE OF APPEARANCE by Joseph Thompson Baio on behalf of Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership (Baio, Joseph)
September 1, 2010 Opinion or Order Filing 313 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, that Lucy Yen is admitted to practice pro hac vice as counsel for Defendants in the above-captioned case in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order. (Signed by Judge Kimba M. Wood on 8/31/10) (pl)
August 31, 2010 Filing 312 TRANSCRIPT of proceedings (conference) held on 8/3/2010 before Judge Kimba M. Wood. (ja)
August 31, 2010 Opinion or Order Filing 311 ORDER: Plaintiffs are granted leave to file a response to Defendants' letter brief, dated August 20, 2010. Plaintiffs' response is due September 8, 2010. No further briefing as to the now pending discovery disputes shall be accepted. The discovery deadline of September 9, 2010, provided in the Order of August 9, 2010, is hereby changed to September 16, 2010. The parties shall, following a meet-and-confer by counsel and no later than September 8, 2010, submit a joint proposed scheduling order containing all discovery and pretrial deadlines. (Signed by Judge Kimba M. Wood on 8/30/2010) (jpo)
August 17, 2010 CASHIERS OFFICE REMARK on 303 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 08/13/2010, Receipt Number 911850. (jd)
August 16, 2010 Filing 310 DECLARATION of George Searle in Opposition re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Klausner, Tonia Maria)
August 16, 2010 Filing 309 DECLARATION of Anthony M. Lendez in Opposition re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Klausner, Tonia Maria)
August 16, 2010 Filing 308 DECLARATION of Mark Gorton in Opposition re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Klausner, Tonia Maria)
August 16, 2010 Filing 307 MEMORANDUM OF LAW in Opposition re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Certificate of Service)(Klausner, Tonia Maria)
August 16, 2010 Filing 306 REPLY MEMORANDUM OF LAW in Support re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Clarida, Robert)
August 16, 2010 Filing 305 MEMORANDUM OF LAW in Support re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit A)(Clarida, Robert)
August 16, 2010 Filing 304 DECLARATION of Kelly M. Klaus in Support re: 234 MOTION for Permanent Injunction.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Clarida, Robert)
August 13, 2010 Filing 303 MOTION for Lucy Yen to Appear Pro Hac Vice. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership.(mbe)
August 12, 2010 Opinion or Order Filing 301 ORDER denying 245 Motion to Seal Document ; denying 279 Motion to Seal; denying 288 Motion to Seal Document.The materials that are the subject of the instant motions are all relevant to the performance of the Court's function. The materials that the parties seek to file under seal are no different in nature, and no more sensitive, than the information that was presented at the public hearing of July 29, 2010. The Court relied in part on these materials in reaching its decision on the Motion for an Order Freezing Defendants' Assets. The parties have made no showing as to why the materials they seek to file under seal should be shielded from the public. Their respective motions to file materials under seal are therefore DENIED. (Dkt, Entry Nos. 245, 279, 288.) The parties shall submit to the Clerk of the Court, no later then Auguet 16,2010, a complete and unredacted set of materials relating to Plaintitrs Motion for an Order Freezing Defendants' Assets for which sealing has been requested. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/12/2010) (jmi)
August 12, 2010 Filing 300 TRANSCRIPT of proceedings held on 8/3/2010 before Judge Kimba M. Wood. (ab)
August 9, 2010 Opinion or Order Filing 302 ORDER: Plaintiffs shall produce their final list of sound recordings for which they intend to seek monetary damages no later than 9/9/2010. The parties shall proceed with discovery as consistent with the instant Order. If any additional disputes arise with respect to discovery, the parties shall promptly notify the Court, providing factual and legal support of their respective positions. (Signed by Judge Kimba M. Wood on 8/6/2010) (tro)
August 3, 2010 Opinion or Order Minute Entry for proceedings held before Judge Kimba M. Wood: Telephone Conference held on 8/3/2010. See transcript. Attorneys Glenn Pomerantz and Kelly Klaus are present for the plaintiff. Attorneys Jessica Margolis, Colleen Bal and Lucy Yen are present by telephone for the defendant. Court reporter present. Any disagreement, on discovery that the defendant is seeking, shall be presented to the Court by August 20, 2010. (mro)
August 3, 2010 Opinion or Order Filing 299 DECLARATION of George Searle (Public Version) in Opposition re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Klausner, Tonia Maria)
August 3, 2010 Opinion or Order Filing 298 DECLARATION of Anthony M. Lendez (Public Version) in Opposition re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Klausner, Tonia Maria)
August 3, 2010 Opinion or Order Filing 297 DECLARATION of Mark Gorton (Public Version) in Opposition re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Exhibit A)(Klausner, Tonia Maria)
August 3, 2010 Opinion or Order Filing 296 MEMORANDUM OF LAW in Opposition re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets. Revised Public Version. Document filed by Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership. (Attachments: # 1 Certificate of Service)(Klausner, Tonia Maria)
August 2, 2010 Opinion or Order Filing 295 SEALED DOCUMENT placed in vault.(nm)
July 30, 2010 Opinion or Order Filing 294 TRANSCRIPT of proceedings held on July 29, 2010 9:36 a.m. before Judge Kimba M. Wood. (ajc)
July 29, 2010 Opinion or Order Minute Entry for proceedings held before Judge Kimba M. Wood: Hearing held on 7/29/2010. Attorneys Glenn Pomerantz, Kelly Klaus, Jennifer Pariser and Jonathan Blavin are present for the plaintiffs. Attorneys Michael Sommer and Jessica Margolis are present for the defendants. Court reporter Joanne Mancari is present. The plaintiff calls Mark Gorton as a witness; direct examination, cross examination and re-direct examination. The Court hears oral arguments. The Court vacates the temporary freeze of the defendants' assets. Trial is scheduled for January 18, 2011. Pretrial motions, request to charge and proposed voir dire are due to the Court by January 3, 2011. (mro)
July 27, 2010 Opinion or Order Filing 293 NOTICE OF APPEARANCE by Jessica Leigh Margolis on behalf of Mark Gorton, Lime Group LLC, Lime Wire LLC, M.J.G. Lime Wire Family Limited Partnership (Margolis, Jessica)
July 26, 2010 Opinion or Order Filing 292 ENDORSED LETTER addressed to Judge Kimba M. Wood from Robert W. Clarida dated 7/23/10 re: counsel for plaintiff write to request the Court's permission to bring a laptop computer and a small printer into the courtroom for the hearing on July 29, 2010, together with easels and flip charts. This equipment will facilitate plaintiffs' presentation and expedite the hearing. ENDORSEMENT: The request is granted. (Signed by Judge Kimba M. Wood on 7/26/10) (pl)
July 20, 2010 Opinion or Order Filing 291 NOTICE of of Plaintiff's Name Change. Document filed by BMG Music. (Lemoine, Melinda)
July 7, 2010 Opinion or Order Filing 289 NOTICE OF APPEARANCE by Arlana S. Cohen on behalf of Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music (Cohen, Arlana)
July 7, 2010 Opinion or Order Filing 288 MOTION to Seal Document. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music.(Klaus, Kelly)
July 7, 2010 Opinion or Order Filing 287 DECLARATION of Kelly M. Klaus in Support re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Klaus, Kelly)
July 7, 2010 Opinion or Order Filing 286 REPLY MEMORANDUM OF LAW in Support re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Klaus, Kelly)
July 7, 2010 Opinion or Order Received (2) physical DVD's (with preserved recordings that Plaintiffs have downloaded through the LimeWire client with over 200 of Plaintiffs' works) from Munger, Tolles & Olson LLP at 355 South Grand Avenue, 35th Floor, Los Angeles, CA, 90071-1560 as per: 285 Endorsed Letter. These DVDs are submitted for the purposes of the record. ***The DVDs have been forwarded to the Chambers of the Honorable Judge Kimba M. Wood, via inter-office envelope on 7/7/2010.*** (tro)
July 6, 2010 Opinion or Order Filing 290 SEALED DOCUMENT placed in vault.(cb)
July 1, 2010 Opinion or Order Filing 285 ENDORSED LETTER addressed to Judge Kimba M. Wood from Melinda E. LeMoine dated 6/29/2010 re: Requesting the Court's permission to lodge the physical DVDs. ENDORSEMENT: Permission granted. (Signed by Judge Kimba M. Wood on 6/30/2010) (jpo)
June 30, 2010 Opinion or Order Filing 284 SEALED DOCUMENT placed in vault.(cb) Modified on 7/1/2010 (cb).
June 30, 2010 Opinion or Order Filing 283 DECLARATION of John Enright in Opposition re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Klausner, Tonia Maria)
June 30, 2010 Opinion or Order Filing 282 DECLARATION of Sunil Sreenivasan in Opposition re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Klausner, Tonia Maria)
June 30, 2010 Opinion or Order Filing 281 DECLARATION of Vanessa Hamer in Opposition re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Klausner, Tonia Maria)
June 30, 2010 Opinion or Order Filing 280 MEMORANDUM OF LAW in Opposition re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets. Public Version. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Attachments: # 1 Certificate of Service)(Klausner, Tonia Maria)
June 30, 2010 Opinion or Order Filing 279 MOTION to Seal Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton.(Klausner, Tonia Maria)
June 29, 2010 Opinion or Order Filing 278 CERTIFICATE OF SERVICE of Reply and Supporting Documents served on Lime Wire LLC; Lime Group LLC; Mark Gorton; and M.J.G. Lime Wire Family Limited Partnership on June 28, 2010. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., BMG Music. (Lemoine, Melinda)
June 28, 2010 Opinion or Order Filing 277 SEALED DOCUMENT placed in vault.(nm)
June 28, 2010 Opinion or Order Filing 276 MOTION to Seal Document. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music.(Lemoine, Melinda)
June 28, 2010 Opinion or Order Filing 275 DECLARATION of Jillian Song in Support re: 234 MOTION for Permanent Injunction.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Lemoine, Melinda)
June 28, 2010 Opinion or Order Filing 274 DECLARATION of Melinda E. LeMoine in Support re: 234 MOTION for Permanent Injunction.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Lemoine, Melinda)
June 28, 2010 Opinion or Order Filing 273 REPLY MEMORANDUM OF LAW in Support re: 234 MOTION for Permanent Injunction.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Klaus, Kelly)
June 28, 2010 Opinion or Order Filing 272 ORDER. The Motions for Reconsideration are denied. (Docket Entry Nos. 225 & 227.) denying 225 Motion for Reconsideration; denying 227 Motion for Reconsideration. (Signed by Judge Kimba M. Wood on 6/28/10) (rjm)
June 25, 2010 Opinion or Order Filing 271 NOTICE of Name Change of Sony Music Entertainment fka Sony BMG Music Entertainment. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Klaus, Kelly)
June 23, 2010 Opinion or Order Filing 270 TRANSCRIPT of proceedings held on 6/7/2010 before Judge Kimba M. Wood. (mbe)
June 23, 2010 Opinion or Order Filing 269 LETTER addressed to Judge Kimba M. Wood from Michael S. Sommer dated 6/14/10 re: We submit this letter to respond briefly to certain of the unjustified and unfair statements made in the letter of plaintiffs' counsel submitted to Your Honor on June 11, 2010. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton.(mro)
June 23, 2010 Opinion or Order Filing 268 LETTER addressed to Judge Kimba M. Wood from Glenn D. Pomerantz dated 6/11/10 re: Plaintiffs request that the Court deny defendant's request, and that the schedule for defendants' response (and plaintiffs' reply) be maintained as per the Court's June 10, 2010 order. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music.(mro)
June 23, 2010 Opinion or Order Filing 267 DECLARATION of Colleen Bal in Support re: 227 MOTION for Reconsideration re; 223 Memorandum & Opinion,,,,,,.. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Sommer, Michael)
June 23, 2010 Opinion or Order Filing 266 REPLY MEMORANDUM OF LAW in Support re: 227 MOTION for Reconsideration re; 223 Memorandum & Opinion,,,,,,.. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton. (Attachments: # 1 Certificate of Service)(Sommer, Michael)
June 23, 2010 Opinion or Order Filing 265 REPLY MEMORANDUM OF LAW in Support re: 225 MOTION for Reconsideration re; 223 Memorandum & Opinion,,,,,,.. Document filed by Lime Group LLC, Mark Gorton. (Attachments: # 1 Certificate of Service)(Sommer, Michael)
June 23, 2010 Opinion or Order Filing 264 TRANSCRIPT of proceedings held on June 7, 2010 11:06 a.m. before Judge Kimba M. Wood. (ajc)
June 21, 2010 Opinion or Order Filing 263 SEALED DOCUMENT placed in vault.(cb)
June 21, 2010 Opinion or Order Filing 262 DECLARATION of Brian G. Mendonca in Opposition re: 234 MOTION for Permanent Injunction.. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton. (Attachments: # 1 Exhibit A)(Sommer, Michael)
June 21, 2010 Opinion or Order Filing 261 DECLARATION of Joichi Ito in Opposition re: 234 MOTION for Permanent Injunction.. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton. (Sommer, Michael)
June 21, 2010 Opinion or Order Filing 260 MEMORANDUM OF LAW in Opposition re: 234 MOTION for Permanent Injunction. Public Version. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton. (Attachments: # 1 Certificate of Service)(Sommer, Michael)
June 21, 2010 Opinion or Order Filing 259 MOTION to Seal Notice of Motion and Motion to File Confidential Material Under Seal. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton.(Sommer, Michael)
June 18, 2010 Opinion or Order Filing 258 ORDER Lime Brokerage may move to intervene or to participate in this action as amicus curiae, but only on condition that the parties complete, prior to filing such a motion, the limited, expedited discovery outlined by Plaintiffs in their 6/15 letter. ( Discovery due by 7/7/2010. Motion to intervene and.or leave to file a brief as amicus curiae due by 7/9/2010. Response due by 7/22/2010) (Signed by Judge Kimba M. Wood on 6/18/10) (cd)
June 16, 2010 Opinion or Order Filing 257 ENDORSED LETTER addressed to Judge Kimba M. Wood from Michael S. Sommer dated 6/10/2010 re: In addition to their opposition to the motion for a permanent injunction, defendants' reply papers in connection with their motions for reconsideration are now due 6/23/2010. Defendants respectfully request that the Court extend the date for the submission of defendants' opposition to plaintiffs' motion for an asset freeze by two weeks, to 7/7/2010. ENDORSEMENT: Granted. Defendants' opposition to motion for preliminary injunction as to freezing of assets is due no later than June 30, 2010. Plaintiffs' reply shall be submitted no later than July 7, 2010. Reply to motion for reconsideration due June 23, 2010. (Signed by Judge Kimba M. Wood on 6/15/2010) (tro)
June 10, 2010 Opinion or Order Filing 256 ORDER: Plaintiffs have filed a Motion for Preliminary Injunction Freezing Defendants' Assets. Defendants shall file their opposition to the motion no later than June 21, 2010. Plaintiffs shall reply no later than June 28, 2010. With respect to Plaintiffs' motion for the Court to place under seal (1) Plaintiffs' Memorandum of Law in Support of the Motion for an Order Freezing Defendants' Assets (unredacted version), and (2) Exhibit 4 attached to the Declaration of Kelly M. Klaus in support of Plaintiffs' Motion for an Order Freezing Defendants' Assets, Defendants shall show cause why such motion should not be granted no later than June 16, 2010. (Signed by Judge Kimba M. Wood on 6/10/2010) (jfe)
June 10, 2010 Opinion or Order Filing 255 ENDORSED LETTER addressed to Judge Kimba M. Wood from Michael Sommer dated 6/8/10 re: That 6/21/10 be the deadline for defendants' opposition to Plaintiffs' Motion for Permanent Injunction. ENDORSEMENT: Granted, Defendants' opposition shall be submitted by 6/21/10. Plaintiffs' Reply shall be submitted by 6/28/10. Set Deadlines/Hearing as to 234 MOTION for Permanent Injunction. ( Response due by 6/21/2010. Reply due by 6/28/2010.) (Signed by Judge Kimba M. Wood on 6/9/10) (cd)
June 9, 2010 Opinion or Order Filing 254 CERTIFICATE OF SERVICE of Opposition to Defendants Lime Wire LLC, Lime Group LLC, and Mark Gorton's Motion to Reconsider the Court's May 11, 2010 Order as Amended on May 25, 2010 and Opposition to Motion for Reconsideration of May 11, 2010 Order as Amended on May 25, 2010 Filed by Lime Group, LLC and Mark Gorton served on Defendants' Counsel on 6/9/10. Service was made by Hand. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Clarida, Robert)
June 9, 2010 Opinion or Order Filing 253 MEMORANDUM OF LAW in Opposition re: 225 MOTION for Reconsideration re; 223 Memorandum & Opinion,,,,,,.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Klaus, Kelly)
June 9, 2010 Opinion or Order Filing 252 MEMORANDUM OF LAW in Opposition re: 227 MOTION for Reconsideration re; 223 Memorandum & Opinion,,,,,,.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Klaus, Kelly)
June 9, 2010 Opinion or Order Filing 251 NOTICE OF APPEARANCE by Melinda Eades Lemoine on behalf of Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music (Lemoine, Melinda)
June 9, 2010 Opinion or Order Filing 250 CERTIFICATE OF SERVICE of Plaintiffs' Notice of Motion and Motion to File Confidential Material Under Seal, Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction Freezing Defendants' Assets, Declaration of Kelly M. Klaus in Support of Plaintiffs' Motion for a Preliminary Injunction Freezing Defendants' Assets and Notice of Motion and Motion of Plaintiffs for Preliminary Injunction Freezing Defendants' Assets served on Defendants' Counsel on 6/9/10. Service was accepted by Junior Molina - Mailroom Supervisor. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Clarida, Robert)
June 9, 2010 Opinion or Order Filing 249 FILING ERROR - DEFICIENT DOCKET ENTRY - CERTIFICATE OF SERVICE of Plaintiffs' Notice of Motion and Motion to File Confidential Material Under Seal, Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction Freezing Defendants' Assets, Declaration of Kelly M. Klaus in Support of Plaintiffs' Motion for a Preliminary Injunction Freezing Defendants' Assets and Notice of Motion and Motion of Plaintiffs for Preliminary Injunction Freezing Defendants' Assets served on Defendants' Counsel on 6/9/2010. Service was made by Mail. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Clarida, Robert) Modified on 6/17/2010 (kco).
June 9, 2010 Opinion or Order Filing 248 CERTIFICATE OF SERVICE of Confidential Exhibits submitted in Support of Plaintiffs' Motion for Permanent Injunction served on Defendants' Counsel on 6/4/2010. Service was made by Mail. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Clarida, Robert)
June 9, 2010 Opinion or Order Filing 247 CERTIFICATE OF SERVICE of Confidential Declaration of Prof. Ellis Horowitz in Support of Plaintiffs' Motion for Permanent Injunction, and Exhibits thereto served on Defendants' Counsel on 6/4/2010. Service was made by Mail. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Clarida, Robert)
June 7, 2010 Opinion or Order Filing 246 SEALED DOCUMENT placed in vault.(nm)
June 7, 2010 Opinion or Order Filing 245 MOTION to Seal Document 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music.(Klaus, Kelly)
June 7, 2010 Opinion or Order Filing 244 DECLARATION of Kelly M. Klaus in Support re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Klaus, Kelly)
June 7, 2010 Opinion or Order Filing 243 MEMORANDUM OF LAW in Support re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Exhibit A)(Klaus, Kelly)
June 7, 2010 Opinion or Order Filing 242 MOTION for Preliminary Injunction Freezing Defendants' Assets. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music.(Klaus, Kelly)
June 7, 2010 Opinion or Order Filing 241 ORDER GRANTING MOTION FOR WITHDRAWAL OF COUNSEL; that after due consideration of the Motion for Withdrawal of Counsel filed by Defendants Lime Wire LLC, Lime Group LLC, Mark Gorton and Greg Bildson ("Defendants"), it is hereby ORDERED that the law firm Porzio, Bromberg & Newman, P.c. is hereby relieved as counsel for Defendants. (Signed by Judge Kimba M. Wood on 6/7/10) (pl)
June 7, 2010 Opinion or Order Filing 240 ORDER GRANTING UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL; that after due consideration of the Unopposed Motion for Withdrawal of Counsel filed by Lime Wire LLC, Lime Group LLC, Mark Gorton and MJ.G. Lime Wire Family Limited Partnership ("Defendants"), it is hereby ORDERED that the law firm of Fulbright & Jaworski L.L.P. is hereby relieved as counsel for Defendants. (Signed by Judge Kimba M. Wood on 6/7/10). (pl)
June 7, 2010 Opinion or Order Filing 238 MOTION to Seal Document in support of Motion for Permanent Injunction. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music.(Klaus, Kelly)
June 4, 2010 Opinion or Order Filing 239 SEALED DOCUMENT placed in vault.(nm)
June 4, 2010 Opinion or Order Filing 237 DECLARATION of KELLY M. KLAUS in Support re: 234 MOTION for Permanent Injunction.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Klaus, Kelly)
June 4, 2010 Opinion or Order Filing 236 DECLARATION of JILLIAN SONG in Support re: 234 MOTION for Permanent Injunction.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2A, # 3 Exhibit 2B, # 4 Exhibit 2C, # 5 Exhibit 2D, # 6 Exhibit 2E, # 7 Exhibit 2F, # 8 Errata 2G, # 9 Exhibit 3)(Klaus, Kelly)
June 4, 2010 Opinion or Order Filing 235 MEMORANDUM OF LAW in Support re: 234 MOTION for Permanent Injunction.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Exhibit A)(Klaus, Kelly)
June 4, 2010 Opinion or Order Filing 234 MOTION for Permanent Injunction. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music.(Klaus, Kelly)
June 2, 2010 Opinion or Order Filing 233 DECLARATION of Charles S. Baker in Support re: 232 MOTION for Charles S. Baker to Withdraw as Attorney Unopposed Motion For Withdrawal Of Counsel.. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (Baker, Charles)
June 2, 2010 Opinion or Order Filing 232 MOTION for Charles S. Baker to Withdraw as Attorney Unopposed Motion For Withdrawal Of Counsel. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (Attachments: # 1 Text of Proposed Order)(Baker, Charles)
June 1, 2010 Opinion or Order Filing 231 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Charles S. Baker to Withdraw as Attorney Unopposed Motion For Withdrawal Of Counsel-with supporting Declaration Doc. No. 230. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (Attachments: # 1 Text of Proposed Order)(Baker, Charles) Modified on 6/8/2010 (gp).
June 1, 2010 Opinion or Order Filing 230 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 233) - DECLARATION of Charles S. Baker in Support re: 229 MOTION for Charles S. Baker to Withdraw as Attorney Unopposed Motion For Withdrawal Of Counsel.. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (Baker, Charles) Modified on 6/8/2010 (gp).
June 1, 2010 Opinion or Order Filing 229 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 232) - MOTION for Charles S. Baker to Withdraw as Attorney Unopposed Motion For Withdrawal Of Counsel. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson.(Baker, Charles) Modified on 6/8/2010 (gp).
May 26, 2010 Opinion or Order Filing 228 MEMORANDUM OF LAW in Support re: 227 MOTION for Reconsideration re; 223 Memorandum & Opinion,,,,,,.. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton. (Sommer, Michael)
May 26, 2010 Opinion or Order Filing 227 MOTION for Reconsideration re; 223 Memorandum & Opinion,,,,,,. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton.(Sommer, Michael)
May 26, 2010 Opinion or Order Filing 226 MEMORANDUM OF LAW in Support re: 225 MOTION for Reconsideration re; 223 Memorandum & Opinion,,,,,,.. Document filed by Lime Group LLC, Mark Gorton. (Sommer, Michael)
May 26, 2010 Opinion or Order Filing 225 MOTION for Reconsideration re; 223 Memorandum & Opinion,,,,,,. Document filed by Lime Group LLC, Mark Gorton.(Sommer, Michael)
May 25, 2010 Opinion or Order Filing 224 ORDER; On May 11, 2010, the Court issued an opinion (the "Opinion") in the above- captioned case, On pages 14 and 15 of the Opinion, the Court stated that Frederick von Lohmann "gave [Defendants] confidential legal advice regarding the need to establish a document retention program to purge incriminating information about LimeWire users' activities," Mr. von Lohmann is a staff attorney for the Electronic Frontier Foundation ("EFF"). On May 18, 2010, the Court received a letter from the Electronic Frontier Foundation ("EFF") asking the Court to remove from pages 14 and 15 of the Opinion the phrase "regarding the need to establish a document retention program to purge incriminating information about LimeWire users' activities," on the ground that any advice given by Mr. von Lohmann was privileged and that the characterization of the advice is incorrect. The Court will file an Amended Opinion excising the language. In the Opinion, the Court granted Defendants' motion to strike three statements from the declaration of Gregory Bildson, dated September 26, 2008, accepting Defendants' argument that they reflect confidential legal advice. The Court did not rely on this finding of privilege in deciding the motions at issue in the Opinion. Because the Court is of the view that it would benefit from further briefing on the issue of whether the statements are protected by attorney client privilege, the Court's Amended Opinion omits reference to this issue. The Court will address issues related to privilege as they arise. The Court's Amended Opinion also removes the condition numbered "4" from page 16 of the Opinion. (Signed by Judge Kimba M. Wood on 5/25/10) (pl)
May 25, 2010 Opinion or Order Filing 223 AMENDED OPINION & ORDER,#99011 For the reasons stated above, the Court (1) DENIES Defendants motions to exclude evidence (D.E. 138, 140, 153, 165, 168); 37 (2) GRANTS Plaintiffs motion for summary judgment on the claim against LW of inducement of copyright infringement, and DENIES LWs motion for summary judgment on the claim (D.E. 75, 108); (3) DENIES the parties cross-motions for summary judgment on the claim against LW of contributory copyright infringement (D.E. 75, 108); (4) DENIES LWs motion for summary judgment on the claim of vicarious copyright infringement (D.E. 108); (5) GRANTS Plaintiffs motion for summary judgment on their claims against LW of common law copyright infringement and unfair competition, and DENIES Defendants motion for summary judgment on these claims (D.E. 75, 101, 108); (6) GRANTS Plaintiffs motions for summary judgment on the claims against Gorton and Lime Group for inducement of copyright infringement, common law infringement, and unfair competition, and DENIES Defendants motions for summary judgment on these claims (D.E. 75, 101); (7) DENIES the parties motions for summary judgment on the claims against Gorton and Lime Group for contributory copyright infringement and vicarious copyright infringement (D.E. 75, 101); and (8) DENIES Gortons and Lime Wire FLPs motion for summary judgment on the fraudulent conveyance and unjust enrichment claims (D.E. 101). The Court will hold a status conference in this case on June 7, 2010 at 11:00 a.m. (Signed by Judge Kimba M. Wood on 5/25/10) (pl) Modified on 5/25/2010 (pl). Modified on 6/3/2010 (eef).
May 25, 2010 Opinion or Order Set/Reset Scheduling Order Deadlines: Status Conference set for 6/7/2010 at 11:00 AM before Judge Kimba M. Wood. (pl)
May 20, 2010 Opinion or Order Filing 222 DECLARATION of Allan I. Young, Esq. in Support re: 221 MOTION for Porzio, Bromberg & Newman, P.C. to Withdraw as Attorney for Defendants.. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (Young, Allan)
May 20, 2010 Opinion or Order Filing 221 MOTION for Porzio, Bromberg & Newman, P.C. to Withdraw as Attorney for Defendants. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (Attachments: # 1 Proposed Order)(Young, Allan)
May 19, 2010 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Sarah Yousuf to RE-FILE Document 220 MOTION for Porzio, Bromberg & Newman, P.C. to Withdraw as Attorney for Defendants. ERROR(S): Supporting documents must be filed separately. Use the event type Declaration in Support found under the event menu Replies, Oppositions, Supporting Documents. (jar)
May 18, 2010 Opinion or Order Filing 220 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Porzio, Bromberg & Newman, P.C. to Withdraw as Attorney for Defendants. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (Attachments: # 1 Declaration, # 2 Proposed Order)(Young, Allan) Modified on 5/19/2010 (jar).
May 17, 2010 Opinion or Order Filing 219 ENDORSED LETTER addressed to Judge Kimba M. Wood from Lucy Yen dated 5/14/10 re: We represent the Lime Wire defendants in the above-referenced action. In light of a scheduling conflict, we write to request that the status conference currently scheduled for June 1, 2010 at 11 :00 a.m. be moved to June 7, 2010. ENDORSEMENT: The request is granted. The status conference shall be held on 6/7/10, at 11:00am., (Status Conference set for 6/7/2010 at 11:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 5/17/10) (rjm)
May 17, 2010 Opinion or Order Filing 218 ORDER: On request of the parties, the status conference currently scheduled for June 1, 2010, is adjourned. The status conference will take place on June 7, 2010, at 11:00am. The parties shall submit by June 2, 2010 the following information in a joint letter: (a) an agenda of the issues the parties wish to address with the Court at the status conference; (b) a proposed schedule for any discovery, and any motions and briefing; and (c) a proposed date for trial. (Status Report due by 6/2/2010. Status Conference set for 6/7/2010 at 11:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 5/17/10) (db)
May 12, 2010 Opinion or Order Filing 217 ORDER GRANTING UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL: It is hereby ordered that the law firm of Cravath, Swaine & Moore LLP is allowed to withdraw as counsel for plaintiffs. (Signed by Judge Kimba M. Wood on 5/12/2010) (jpo)
May 11, 2010 Opinion or Order Set Deadlines/Hearings: Status Conference set for 6/1/2010 at 11:00 AM before Judge Kimba M. Wood. (jpo)
May 11, 2010 Opinion or Order Filing 216 OPINION AND ORDER: #98962 For the reasons stated above, the Court (1) DENIES Defendants motions to exclude evidence (D.E. 138, 140, 153, 165, 168); 39 (2) GRANTS Plaintiffs motion for summary judgment on the claim against LW of inducement of copyright infringement, and DENIES LWs motion for summary judgment on the claim (D.E. 75, 108); (3) DENIES the parties cross-motions for summary judgment on the claim against LW of contributory copyright infringement (D.E. 75, 108); (4) DENIES LWs motion for summary judgment on the claim of vicarious copyright infringement (D.E. 108); (5) GRANTS Plaintiffs motion for summary judgment on their claims against LW of common law copyright infringement and unfair competition, and DENIES Defendants motion for summary judgment on these claims (D.E. 75, 101, 108); (6) GRANTS Plaintiffs motions for summary judgment on the claims against Gorton and Lime Group for inducement of copyright infringement, common law infringement, and unfair competition, and DENIES Defendants motions for summary judgment on these claims (D.E. 75, 101); (7) DENIES the parties motions for summary judgment on the claims against Gorton and Lime Group for contributory copyright infringement and vicarious copyright infringement (D.E. 75, 101); and (8) DENIES Gortons and Lime Wire FLPs motion for summary judgment on the fraudulent conveyance and unjust enrichment claims (D.E. 101). The Court will hold a status conference in this case on June 1, 2010 at 11:00 a.m. (Signed by Judge Kimba M. Wood on 5/11/2010) (jpo) Modified on 5/19/2010 (ajc).
May 10, 2010 Opinion or Order Filing 215 MOTION for Cravath, Swaine & Moore LLP to Withdraw as Attorney Notice of Unopposed Motion and Motion for Withdrawal. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Unopposed Motion for Withdrawal of Counsel)(Klaus, Kelly)
April 27, 2010 Opinion or Order Filing 214 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 209 Motion for Glenn D. Pomerantz to Appear Pro Hac Vice. (Signed by Judge Kimba M. Wood on 4/27/2010) (tro)
April 27, 2010 Opinion or Order Filing 213 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 211 Motion for Kelly M. Klaus to Appear Pro Hac Vice. (Signed by Judge Kimba M. Wood on 4/27/2010) (tro)
April 27, 2010 Opinion or Order Filing 212 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 210 Motion for Jonathan H. Blavin to Appear Pro Hac Vice. (Signed by Judge Kimba M. Wood on 4/27/2010) (tro)
April 27, 2010 Opinion or Order CASHIERS OFFICE REMARK on 210 Motion to Appear Pro Hac Vice, 209 Motion to Appear Pro Hac Vice, in the amount of $50.00, paid on 04/23/2010, Receipt Number 901575. (jd)
April 27, 2010 Opinion or Order CASHIERS OFFICE REMARK on 211 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 04/22/2010, Receipt Number 901515. (jd)
April 23, 2010 Opinion or Order Filing 210 MOTION for Jonathan H. Blavin to Appear Pro Hac Vice. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music.(mro)
April 23, 2010 Opinion or Order Filing 209 MOTION for Glenn D. Pomerantz to Appear Pro Hac Vice. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music.(mro)
April 22, 2010 Opinion or Order Filing 211 MOTION for Kelly M. Klaus to Appear Pro Hac Vice. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music.(mro)
April 20, 2010 Opinion or Order Filing 208 NOTICE OF APPEARANCE by Robert William Clarida on behalf of Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music (Clarida, Robert)
April 14, 2010 Opinion or Order CASHIERS OFFICE REMARK on 206 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/02/2010, Receipt Number 899416. (jd)
April 7, 2010 Opinion or Order Filing 207 ORDER granting 206 Motion for Colleen Bal to Appear Pro Hac Vice So Ordered. (Signed by Judge Kimba M. Wood on 4/6/2010) (js)
April 2, 2010 Opinion or Order Filing 206 MOTION for Colleen Bal to Appear Pro Hac Vice. Document filed by Lime Wire LLC.(mro)
March 12, 2010 Opinion or Order Filing 205 NOTICE OF APPEARANCE by Tonia Maria Ouellette Klausner on behalf of M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton (Klausner, Tonia Maria)
March 12, 2010 Opinion or Order Filing 204 NOTICE OF APPEARANCE by Chul Pak on behalf of M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton (Pak, Chul)
March 12, 2010 Opinion or Order Filing 203 NOTICE OF APPEARANCE by Michael S Sommer on behalf of M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton (Sommer, Michael)
January 15, 2010 Opinion or Order Filing 202 ORDER GRANTING DEFENDANTS' MOTION FOR SUBSTITUTION OF COUNSEL, that after due consideration of the Motion to Substitute Counsel of Defendants Lime Wire LLC, Lime Group LLC, Mark Gorton and the MJ.G. Lime Wire Family Limited Partnership, it is hereby ORDERED that the law firm of Porter & Hedges, L.L.P. is hereby allowed to withdraw as counsel for these defendants and in their place and stead shall be substituted in the law firm of Fulbright & Jaworski L.L.P. (Signed by Judge Kimba M. Wood on 1/15/10) (pl) Modified on 1/15/2010 (pl).
December 22, 2009 Opinion or Order Filing 201 ENDORSED LETTER addressed to Judge Kimba M. Wood from Katherine B. Forrest dated 12/18/09 re: I write on behalf of both plaintiffs and defendants regarding the Court's Order of December 7, 2009. Plaintiffs and defendants request an extension of the December 22, 2009 date to January 8, 2010 to provide the joint letter to the Court. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kimba M. Wood on 12/22/09) (rjm)
December 7, 2009 Opinion or Order Filing 200 ORDER. The above-captioned action was recently transferred to this Court. The parties shall submit by December 22, 2009 the following information in a joint letter: (a) a list of pending motions that identifies all submissions that relate to each motion by Docket Entry number and/or date, (b) an update on the status of any settlement negotiations, and (c) a statement of any other issues the parties wish to raise with the Court at this time. (Signed by Judge Kimba M. Wood on 12/7/09) (rjm)
October 5, 2009 Opinion or Order Filing 199 NOTICE OF APPEARANCE by Jennifer L. Pariser on behalf of Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music (Pariser, Jennifer)
October 1, 2009 Opinion or Order Filing 198 NOTICE OF CASE REASSIGNMENT to Judge Kimba M. Wood. Judge Gerard E. Lynch is no longer assigned to the case. (ldi)
July 7, 2009 Opinion or Order Filing 197 MOTION to Substitute Attorney. Old Attorney: Charles S. Baker, Porter & Hedges, LLP, New Attorney: Charles S. Baker, Fulbright & Jaworski, LLP. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Attachments: # 1 Text of Proposed Order)(Baker, Charles)
June 3, 2009 Opinion or Order Filing 196 NOTICE OF APPEARANCE by Edward Hernstadt on behalf of Greg Bildson (Hernstadt, Edward)
December 19, 2008 Opinion or Order Filing 194 REPLY MEMORANDUM OF LAW in Support re: 168 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike.. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Baker, Charles)
December 19, 2008 Opinion or Order Filing 193 REPLY MEMORANDUM OF LAW in Support re: 165 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike.. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Baker, Charles)
December 8, 2008 Opinion or Order Filing 192 DECLARATION of Thomas Sehested in Opposition re: 168 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike., 165 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Exhibit A to Declaration of Thomas Sehested, # 2 Exhibit B to Declaration of Thomas Sehested, # 3 Exhibit C to Declaration of Thomas Sehested)(Forrest, Katherine)
December 8, 2008 Opinion or Order Filing 191 DECLARATION of Andrew Kempe in Opposition re: 168 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike., 165 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Forrest, Katherine)
December 8, 2008 Opinion or Order Filing 190 DECLARATION of Siobhan Minarovich in Opposition re: 168 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike., 165 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Forrest, Katherine)
December 8, 2008 Opinion or Order Filing 189 DECLARATION of Elizabeth Cuneo in Opposition re: 168 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike., 165 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Forrest, Katherine)
December 8, 2008 Opinion or Order Filing 188 DECLARATION of Katherine B. Forrest in Opposition re: 168 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike., 165 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Exhibit 492 to Forrest December 5, 2008 Declaration, # 2 Exhibit 493 to Forrest December 5, 2008 Declaration, # 3 Exhibit 494 to Forrest December 5, 2008 Declaration, # 4 Exhibit 495 to Forrest December 5, 2008 Declaration, # 5 Exhibit 496 to Forrest December 5, 2008 Declaration, # 6 Exhibit 497 to Forrest December 5, 2008 Declaration)(Forrest, Katherine)
December 5, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Katherine Forrest to RE-FILE Document 186 Declaration in Opposition to Motion. ERROR(S): Each Declaration in Opposition must be filed individually. (jar)
December 5, 2008 Opinion or Order Filing 186 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Katherine B. Forrest in Opposition re: 168 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike., 165 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Exhibit 492 to Forrest December 5, 2008 Declaration, # 2 Exhibit 493 to Forrest December 5, 2008 Declaration, # 3 Exhibit 494 to Forrest December 5, 2008 Declaration, # 4 Exhibit 495 to Forrest December 5, 2008 Declaration, # 5 Exhibit 496 to Forrest December 5, 2008 Declaration, # 6 Exhibit 497 to Forrest December 5, 2008 Declaration, # 7 Declaration of Elizabeth Cuneo, # 8 Declaration of Siobhan Minarovich, # 9 Declaration of Andrew Kempe, # 10 Declaration of Thomas Sehested)(Forrest, Katherine) Modified on 12/8/2008 (jar).
December 5, 2008 Opinion or Order Filing 185 MEMORANDUM OF LAW in Opposition re: 168 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike., 165 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Attachment A)(Forrest, Katherine)
November 25, 2008 Opinion or Order Filing 184 REPLY MEMORANDUM OF LAW in Support re: 153 MOTION to Strike Plaintiffs' Proffered Expert Summary Judgment Evidence from Ellis, Horowitz and Waterman Depositions and Reports.. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Baker, Charles)
November 25, 2008 Opinion or Order Filing 183 REPLY MEMORANDUM OF LAW in Support re: 140 MOTION to Strike Plaintiffs' Exhibits (Settlement Related and Pre-August 2003 Objections).. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Baker, Charles)
November 25, 2008 Opinion or Order Filing 182 REPLY MEMORANDUM OF LAW in Support re: 138 MOTION to Strike Plaintiffs' Exhibits and Deposition Excerpts to Partial Summary Judgment.. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Baker, Charles)
November 17, 2008 Opinion or Order Filing 181 STIPULATION AND ORDER It is hereby stipulated and agreed that the time for plaintiffs to file and serve their opposition to the motions is extended from November 28, 2008 to December 5, 2008; and it is further stipulated and agreed that the time for Defendants to serve and file their replies to the motions, if any, is extended from December 8, 2008 to December 19, 2008. (Signed by Judge Gerard E. Lynch on 11/17/08) (mme)
November 7, 2008 Opinion or Order Filing 179 REPLY MEMORANDUM OF LAW in Support re: 75 MOTION for Partial Summary Judgment. ("Plaintiffs' Reply Memorandum Of Law In Support Of Their Motion For Partial Summary Judgment"). Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Exhibit A to Plaintiffs' Reply Memorandum Of Law In Support Of Their Motion For Partial Summary Judgment)(Forrest, Katherine)
November 7, 2008 Opinion or Order Filing 178 REPLY ("Plaintiffs' Reply To Defendants' Response To Plaintiffs' Statement Of Material Facts And Additional Material Pursuant To Local Civil Rule 56.1(b)"). Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Forrest, Katherine)
November 7, 2008 Opinion or Order Filing 177 MEMORANDUM OF LAW in Opposition re: 153 MOTION to Strike Plaintiffs' Proffered Expert Summary Judgment Evidence from Ellis, Horowitz and Waterman Depositions and Reports. ("Plaintiffs' Opposition To Defendants' Motion To Exclude Plaintiffs' Proferred Expert Summary Judgment Evidence From The Depositions And Reports Of Ellis Horowitz, Ph.D, And Richard P. Waterman, Ph.D"). Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Forrest, Katherine)
November 7, 2008 Opinion or Order Filing 176 MEMORANDUM OF LAW in Opposition re: 140 MOTION to Strike Plaintiffs' Exhibits (Settlement Related and Pre-August 2003 Objections). ("Plaintiffs' Memorandum Of Law In Opposition To Defendants' Settlement Related And Pre-August 2003 Objections To Plaintiffs' Exhibits To Their Motion For Partial Summary Judgment And Defendants' Motion To Strike Plaintiffs' Exhibits"). Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Forrest, Katherine)
November 7, 2008 Opinion or Order Filing 175 DECLARATION of Steven Gribble in Support re: 101 MOTION for Summary Judgment (Tertiary)., 108 MOTION for Summary Judgment (Vicarious).. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Baker, Charles)
November 7, 2008 Opinion or Order Filing 174 DECLARATION of Mark Gorton in Support re: 101 MOTION for Summary Judgment (Tertiary)., 108 MOTION for Summary Judgment (Vicarious).. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Baker, Charles)
November 7, 2008 Opinion or Order Filing 173 DECLARATION of Sam Berlin in Support re: 101 MOTION for Summary Judgment (Tertiary)., 108 MOTION for Summary Judgment (Vicarious).. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Baker, Charles)
November 7, 2008 Opinion or Order Filing 172 DECLARATION of Charles S. Baker in Support re: 101 MOTION for Summary Judgment (Tertiary)., 108 MOTION for Summary Judgment (Vicarious).. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Attachments: # 1 Exhibit A-B)(Baker, Charles)
November 7, 2008 Opinion or Order Filing 171 MEMORANDUM OF LAW in Opposition re: 138 MOTION to Strike Plaintiffs' Exhibits and Deposition Excerpts to Partial Summary Judgment. ("Plaintiffs' Opposition To Defendants' Objections To Plaintiffs' Exhibits And Deposition Excerpts To Their Motion For Partial Summary Judgment And To Defendants' Motion To Strike Plaintiffs' Exhibits And Deposition Excerpts"). Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 A, # 2 B, # 3 C)(Forrest, Katherine)
November 7, 2008 Opinion or Order Filing 170 REPLY MEMORANDUM OF LAW in Opposition re: 75 MOTION for Partial Summary Judgment.. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Baker, Charles)
November 7, 2008 Opinion or Order Filing 169 MEMORANDUM OF LAW in Support re: 168 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike.. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Baker, Charles)
November 7, 2008 Opinion or Order Filing 168 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton.(Baker, Charles)
November 7, 2008 Opinion or Order Filing 167 DECLARATION of Charles S. Baker in Support re: 165 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike.. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Attachments: # 1 Exhibit A-)(Baker, Charles)
November 7, 2008 Opinion or Order Filing 166 MEMORANDUM OF LAW in Support re: 165 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike. ( 165 incorrectly named) MOTION to Exclude the Declarations of Sehested, Kempe, Coggon for Plaintiffs' Failure to Disclose Factual Witness. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Baker, Charles)
November 7, 2008 Opinion or Order Filing 165 MOTION to Strike Plaintiffs' Exhibits Filed as Part of Plaintiffs' Opposition to Defendants' MSJ and Defendants' Motion to Strike. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton.(Baker, Charles)
November 7, 2008 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: 163 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (mme)
October 30, 2008 Opinion or Order Filing 163 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 162 Motion for Michael Page and Steven Taylor to Appear Pro Hac Vice. (Signed by Judge Gerard E. Lynch on 10/30/08) (mme)
October 30, 2008 Opinion or Order CASHIERS OFFICE REMARK on 162 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 10/23/2008, Receipt Number 667075. (jd)
October 23, 2008 Opinion or Order Filing 162 MOTION for Michael Page and Steven Taylor to Appear Pro Hac Vice. Document filed by Greg Bildson.(dle)
October 22, 2008 Opinion or Order Filing 161 ORDER: Reply papers on the parties' dispositive summary judgment motions (filed and served on 7/18/08) are to be served and filed by 11/7/08. The joint pretrial order shall be filed no later than 30 days after the completion of expert deposition or 30 days after the final decision is set by order of the Court. (Signed by Judge Gerard E. Lynch on 10/23/08) (tro)
October 22, 2008 Opinion or Order Filing 160 STIPULATION AND ORDER: The time for Plaintiffs to serve and file their opposition to the motions is extended from 10/31/08 to 11//7/08. The time for Defendants to serve and file their replies to the motions, if any, is extended from 11/18/08 to 11/25/08. (Signed by Judge Gerard E. Lynch on 10/22/08) (tro)
October 22, 2008 Opinion or Order Set/Reset Deadlines as to Motion Schedule Responses due by 11/7/2008 Replies due by 11/25/2008. (tro)
October 10, 2008 Opinion or Order Filing 159 STIPULATION AND ORDER, It is hereby stipulated and agreed that the time for plaintiffs to serve their oppositions to the motions is extended from October 14, 2008 to October 31, 2008; and It is further stipulated and agreed that the time for defendants to serve and file their replies to the motions, if nay, is extended from October 21, 2008 to November 18, 2008. (Signed by Judge Gerard E. Lynch on 10/10/08) (mme)
October 1, 2008 Opinion or Order Filing 158 STIPULATION AND ORDER DISMISSING ACTION AS TO DEFENDANT GREG BILDSON: that, pursuant to Fed. R. Civ. P. 4(a)(l)(ii), the above-entitled action is hereby dismissed as to defendant Greg Bildson without prejudice and without costs to any party. SO ORDERED. (Signed by Judge Gerard E. Lynch on 10/1/2008) (tve)
September 30, 2008 Opinion or Order Filing 157 STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION AS TO DEFENDANT GREG BILDSON IT IS ORDERED that Bildson permanently shall cease and desist from directly, indirectly, contributorily, or vicariously infringing in any manner any copyright in any and all sound recordings and other copyrighted works (or portions thereof), whether now in existence or later created, in which any Plaintiff (including its parents, subsidiaries, affiliates, or distributed labels) owns or controls an exclusive right under Section 106 of the United States Copyright Act (17 U.S.C. § 106), or any related or comparable right protected by state or common law or the law of any Country in the world (the "Copyrighted Works"), including but not limited to by engaging in any of the following without appropriate written authority or license from the appropriate Plaintiff; Regarding procedures to be followed that shall govern the handling of this order This Court shall retain jurisdiction of this action for purposes of construction, modification and enforcement of this Order. (Signed by Judge Gerard E. Lynch on 9/29/08) (mme)
September 30, 2008 Opinion or Order Filing 156 ORDER For the reasons set forth in this order, the court hereby grants the motion, and hereby orders the amicus curiae briefs be filed in the above captioned cases.. (Signed by Judge Gerard E. Lynch on 9/30/08) (mme)
September 29, 2008 Opinion or Order Filing 155 MEMORANDUM OF LAW in Opposition re: 101 MOTION for Summary Judgment (Tertiary)., 108 MOTION for Summary Judgment (Vicarious).. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Forrest, Katherine)
September 26, 2008 Opinion or Order Filing 153 MOTION to Strike Plaintiffs' Proffered Expert Summary Judgment Evidence from Ellis, Horowitz and Waterman Depositions and Reports. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton.(Baker, Charles)
September 26, 2008 Opinion or Order Filing 152 COUNTER STATEMENT TO Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Baker, Charles)
September 26, 2008 Opinion or Order Filing 151 DECLARATION of Elizabeth Weiner in Support re: 142 Memorandum of Law in Opposition to Motion. Document filed by Lime Wire LLC. (Baker, Charles)
September 26, 2008 Opinion or Order Filing 150 DECLARATION of Anurag Singla in Support re: 142 Memorandum of Law in Opposition to Motion. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-3)(Baker, Charles)
September 26, 2008 Opinion or Order Filing 149 DECLARATION of Matthew G. Mercurio in Support re: 142 Memorandum of Law in Opposition to Motion. Document filed by Lime Wire LLC. (Baker, Charles)
September 26, 2008 Opinion or Order Filing 148 DECLARATION of Terry McBride in Support re: 142 Memorandum of Law in Opposition to Motion. Document filed by Lime Wire LLC. (Baker, Charles)
September 26, 2008 Opinion or Order Filing 147 DECLARATION of Steven Gribble in Support re: 142 Memorandum of Law in Opposition to Motion. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-6, # 3 Exhibit 7-12)(Baker, Charles)
September 26, 2008 Opinion or Order Filing 146 DECLARATION of Mark Gorton in Support re: 142 Memorandum of Law in Opposition to Motion. Document filed by Lime Wire LLC. (Baker, Charles)
September 26, 2008 Opinion or Order Filing 145 DECLARATION of Adam Fisk in Support re: 142 Memorandum of Law in Opposition to Motion. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1)(Baker, Charles)
September 26, 2008 Opinion or Order Filing 144 DECLARATION of Susheel M. Daswani in Support re: 142 Memorandum of Law in Opposition to Motion. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-3)(Baker, Charles)
September 26, 2008 Opinion or Order Filing 143 DECLARATION of Sam Berlin in Support re: 142 Memorandum of Law in Opposition to Motion. Document filed by Lime Wire LLC. (Baker, Charles)
September 26, 2008 Opinion or Order Filing 142 MEMORANDUM OF LAW in Opposition re: 75 MOTION for Partial Summary Judgment.. Document filed by Lime Wire LLC. (Baker, Charles)
September 26, 2008 Opinion or Order Filing 141 MEMORANDUM OF LAW in Support re: 140 MOTION to Strike Plaintiffs' Exhibits (Settlement Related and Pre-August 2003 Objections).. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Attachments: # 1 Exhibit A-B)(Baker, Charles)
September 26, 2008 Opinion or Order Filing 140 MOTION to Strike Plaintiffs' Exhibits (Settlement Related and Pre-August 2003 Objections). Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton.(Baker, Charles)
September 26, 2008 Opinion or Order Filing 139 MEMORANDUM OF LAW in Support re: 138 MOTION to Strike Plaintiffs' Exhibits and Deposition Excerpts to Partial Summary Judgment.. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton. (Baker, Charles)
September 26, 2008 Opinion or Order Filing 138 MOTION to Strike Plaintiffs' Exhibits and Deposition Excerpts to Partial Summary Judgment. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton.(Baker, Charles)
September 26, 2008 Opinion or Order Filing 137 RESPONSE in Opposition re: 75 MOTION for Partial Summary Judgment.. Document filed by Lime Group LLC, Mark Gorton. (Baker, Charles)
September 26, 2008 Opinion or Order Filing 135 DECLARATION of Fred Von Lohman in Support re: 132 MOTION for Leave to File motion for leave to file amicus curiae brief.. Document filed by Electronic Frontier Foundation et al.. (Hernstadt, Edward)
September 26, 2008 Opinion or Order Filing 134 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. no Corporate Parent. Document filed by Electronic Frontier Foundation et al..(Hernstadt, Edward)
September 26, 2008 Opinion or Order Filing 133 BRIEF. Document filed by Electronic Frontier Foundation et al..(Hernstadt, Edward)
September 26, 2008 Opinion or Order Filing 132 MOTION for Leave to File motion for leave to file amicus curiae brief. Document filed by Electronic Frontier Foundation et al..(Hernstadt, Edward)
September 26, 2008 Opinion or Order Filing 131 NOTICE OF APPEARANCE by Edward Hernstadt on behalf of Electronic Frontier Foundation et al. (Hernstadt, Edward)
September 25, 2008 Opinion or Order Filing 130 ORDER: Accordingly, it is hereby ordered that defendants' request for leave to depose Bildson is denied, without prejudice to renewal at a later appropriate time. (Signed by Judge Gerard E. Lynch on 9/25/2008) (jpo)
September 24, 2008 Opinion or Order Filing 129 NOTICE OF APPEARANCE by Steven Arthur Hirsch on behalf of Greg Bildson (Hirsch, Steven)
September 19, 2008 Opinion or Order Filing 128 ORDER: It is hereby ordered that: 1. Answering papers on the parties' dispositive summary judgment motions (filed and served on July 18, 2008) are to be served and filed by September 26, 2008. Reply papers are to be served and filed by October 31, 2008. 2. The joint pretrial order shall be filed no later than 30 days after the completion of expert depositions or 30 days after the final decision of any dispositive motion, whichever date is later, unless a different date is set by order of the Court. All other provisions as set forth in this order. So Ordered (Signed by Judge Gerard E. Lynch on 9/19/08) (js) Modified on 10/6/2008 (js).
September 15, 2008 Opinion or Order Filing 127 ORDER: Answering papers on the parties' dispositive summary judgment motions (filed and served on July 18, 2008) are to be served and filed by September 22, 2008. Reply papers are to be served and filed by October 27,2008. The joint pretrial order shall be filed no later than 30 days after the completion of expert depositions or 30 days after the final decision of any dispositive motion, whichever date is later, unless a different date is set by order of the Court. The requirements for the pre-trial order and other pre-trial submissions shall be governed by the Court's Individual Practice Rules. SO ORDERED. (Signed by Judge Gerard E. Lynch on 9/12/2008) (tve)
August 5, 2008 Opinion or Order Filing 126 ORDER: It is hereby Ordered that the answering papers to dispositive motions are to be served and filed by September 12, 2008. Reply papers are to be served and filed by October 17, 2008. The joint pretrial order shall be filed no later than 30 days after the completion of the expert depositions or 30 days after the final decision of any dispositive motion, whichever date is later, unless a different date is set by order of the Court. (Signed by Judge Gerard E. Lynch on 8/4/2008) (jfe)
July 22, 2008 Opinion or Order Filing 125 MEMORANDUM OF LAW in Support re: 75 MOTION for Partial Summary Judgment. ("Plaintiffs' Memorandum Of Law In Support Of Their Motion For Partial Summary Judgment"). Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Forrest, Katherine)
July 21, 2008 Opinion or Order Filing 124 DECLARATION of Richard Prelinger in Support re: 108 MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Baker, Charles)
July 21, 2008 Opinion or Order Filing 123 DECLARATION of Greg Parker in Support re: 108 MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Baker, Charles)
July 21, 2008 Opinion or Order Filing 122 DECLARATION of Gregory Newby in Support re: 108 MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2)(Baker, Charles)
July 21, 2008 Opinion or Order Filing 121 DECLARATION of Christopher Levy in Support re: 108 MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Baker, Charles)
July 21, 2008 Opinion or Order Filing 120 DECLARATION of Martin Lafferty in Support re: 108 MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1)(Baker, Charles)
July 21, 2008 Opinion or Order Filing 119 DECLARATION of Michael James King in Support re: 108 MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Baker, Charles)
July 21, 2008 Opinion or Order Filing 118 DECLARATION of Brewster Kahle in Support re: 108 MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Baker, Charles)
July 21, 2008 Opinion or Order Filing 117 DECLARATION of Steven Gribble in Support re: 108 MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1-6, # 2 Exhibit 7-12)(Baker, Charles)
July 21, 2008 Opinion or Order Filing 116 DECLARATION of Marc Freedman in Support re: 108 MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Baker, Charles)
July 21, 2008 Opinion or Order Filing 115 DECLARATION of Joseph D. Cohen (REDACTED) in Support re: 108 MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Baker, Charles)
July 21, 2008 Opinion or Order Filing 114 DECLARATION of Susan E. Cates in Support re: 108 MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1-14)(Baker, Charles)
July 21, 2008 Opinion or Order Filing 113 DECLARATION of Gregory L. Bildson in Support re: 108 MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1)(Baker, Charles)
July 21, 2008 Opinion or Order Filing 112 DECLARATION of Sam Berlin in Support re: 108 MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1-5)(Baker, Charles)
July 21, 2008 Opinion or Order Filing 111 DECLARATION of Charles S. Baker in Support re: 108 MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8 Part 1, # 9 Exhibit 8 Part 2, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32)(Baker, Charles)
July 21, 2008 Opinion or Order Filing 110 MEMORANDUM OF LAW in Support re: 108 MOTION for Summary Judgment (Vicarious). (REDACTED). Document filed by Lime Wire LLC. (Baker, Charles)
July 21, 2008 Opinion or Order Filing 109 RULE 56.1 STATEMENT. Document filed by Lime Wire LLC. (Baker, Charles)
July 21, 2008 Opinion or Order Filing 108 MOTION for Summary Judgment (Vicarious). Document filed by Lime Wire LLC.(Baker, Charles)
July 21, 2008 Opinion or Order Filing 107 DECLARATION of Elizabeth Weiner in Support re: 101 MOTION for Summary Judgment (Tertiary).. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Group LLC, Mark Gorton, Greg Bildson. (Baker, Charles)
July 21, 2008 Opinion or Order Filing 106 DECLARATION of Jesse Rubenfeld in Support re: 101 MOTION for Summary Judgment (Tertiary).. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Group LLC, Mark Gorton, Greg Bildson. (Baker, Charles)
July 21, 2008 Opinion or Order Filing 105 DECLARATION of Mark Gorton in Support re: 101 MOTION for Summary Judgment (Tertiary).. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Group LLC, Mark Gorton, Greg Bildson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Baker, Charles)
July 21, 2008 Opinion or Order Filing 104 DECLARATION of Gregory Bildson in Support re: 101 MOTION for Summary Judgment (Tertiary).. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Group LLC, Mark Gorton, Greg Bildson. (Attachments: # 1 Exhibit 1)(Baker, Charles)
July 21, 2008 Opinion or Order Filing 103 MEMORANDUM OF LAW in Support re: 101 MOTION for Summary Judgment (Tertiary).. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Group LLC, Mark Gorton, Greg Bildson. (Baker, Charles)
July 21, 2008 Opinion or Order Filing 102 RULE 56.1 STATEMENT. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Group LLC, Mark Gorton, Greg Bildson. (Baker, Charles)
July 21, 2008 Opinion or Order Filing 101 MOTION for Summary Judgment (Tertiary). Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Group LLC, Mark Gorton, Greg Bildson.(Baker, Charles)
July 21, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Stewart Baker to RE-FILE Document 80 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of document #76. (KA)
July 21, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Stewart Baker to RE-FILE Document 81 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of document #76. (KA)
July 21, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Stewart Baker to RE-FILE Document 79 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of document #76. (KA)
July 21, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Stewart Baker to RE-FILE Document 77 Memorandum of Law in Support of Motion. ERROR(S): Link to incorrect filing of document #76. (KA)
July 21, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Stewart Baker to RE-FILE Document 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment(Vicarious). ERROR(S): Filing Error of Rule 56.1 Statement Attachment. Rule 56.1 Statement must be filed individually. Event code located under Other Answers. (KA)
July 21, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Stewart Baker to RE-FILE Document 78 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of document #76. (KA)
July 21, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Stewart Baker to RE-FILE Document 85 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of document#83. (KA)
July 21, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Stewart Baker to RE-FILE Document 88 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of document#83. (KA)
July 21, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Stewart Baker to RE-FILE Document 87 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of document#83. (KA)
July 21, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Stewart Baker to RE-FILE Document 86 Declaration in Support of Motion. ERROR(S): Link to incorrect filing of document #83. (KA)
July 21, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Baker to RE-FILE Document 76 MOTION for Summary Judgment(Tertiary). MOTION for Summary Judgment (Tertiary). ERROR(S): Filing Error of Attachment#1. Rule 56.1 Statement must be filed individually. Event code located under Other Answers. (KA)
July 21, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Charles Stewart Baker to RE-FILE Document 84 Memorandum of Law in Support of Motion. ERROR(S): Link to incorrect filing of document #83. (KA)
July 18, 2008 Opinion or Order Filing 98 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Joseph D. Cohen (REDACTED) in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 97 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Richard Prelinger in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 96 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Greg Parker in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 95 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gregory Newby in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2)(Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 94 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Christopher Levy in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 93 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Martin Lafferty in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1)(Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 92 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Michael James King in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 91 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Brewster Kahle in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 90 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Steven Gribble in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1-6, # 2 Exhibit 7-12)(Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 89 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Marc Freedman in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 88 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Susan E. Cates in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1-14)(Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 87 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gregory Bildson in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1)(Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 86 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Sam Berlin in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1-5)(Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 85 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Charles S. Baker in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious).. Document filed by Lime Wire LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8 Part 1, # 9 Exhibit 8 Part 2, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32)(Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 84 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 83 MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). MOTION for Summary Judgment (Vicarious). (REDACTED). Document filed by Lime Wire LLC. (Attachments: # 1 MOL - Part 2 REDACTED, # 2 MOL - Part 3 REDACTED, # 3 MOL - Part 4 REDACTED, # 4 MOL - Part 5 REDACTED, # 5 MOL - Part 6 REDACTED, # 6 MOL - Part 7 REDACTED, # 7 MOL - Part 8 REDACTED)(Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 83 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment (Vicarious). Document filed by Lime Wire LLC. Responses due by 9/5/2008 (Attachments: # 1 Statement of Material Facts - Part 1A REDACTED, # 2 Statement of Material Facts - Part 1B REDACTED, # 3 Statement of Material Facts - Part 2A REDACTED, # 4 Statement of Material Facts - Part 2B REDACTED, # 5 Statement of Material Facts - Part 3A REDACTED, # 6 Statement of Material Facts - Part 3B REDACTED, # 7 Statement of Material Facts - Part 4A REDACTED, # 8 Statement of Material Facts - Part 4B REDACTED, # 9 Statement of Material Facts - Part 5 REDACTED)(Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 81 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Elizabeth Weiner in Support re: 76 MOTION for Summary Judgment (Tertiary). Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Group LLC, Mark Gorton, Greg Bildson. (Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 80 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Jesse Rubenfeld in Support re: 76 MOTION for Summary Judgment (Tertiary). Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Group LLC, Mark Gorton, Greg Bildson. (Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 79 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Mark Gorton in Support re: 76 MOTION for Summary Judgment (Tertiary). Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Group LLC, Mark Gorton, Greg Bildson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 78 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gregory L. Bildson in Support re: 76 MOTION for Summary Judgment (Tertiary). Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Group LLC, Mark Gorton, Greg Bildson. (Attachments: # 1 Exhibit 1)(Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 77 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 76 MOTION for Summary Judgment (Tertiary). Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Group LLC, Mark Gorton, Greg Bildson. (Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 76 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment (Tertiary). Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Group LLC, Mark Gorton, Greg Bildson. Responses due by 9/5/2008 (Attachments: # 1 Statement of Material Facts)(Baker, Charles) Modified on 7/21/2008 (KA).
July 18, 2008 Opinion or Order Filing 75 MOTION for Partial Summary Judgment. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Redacted Amended Complaint, # 2 LimeWire's Corrected First Amended Answer, # 3 MJG Family Limited Partnership Answer, # 4 Stipulation Withdrawing Plaintiff's Claim)(Forrest, Katherine)
June 23, 2008 Opinion or Order Filing 74 ORDER: Dispositive Motions to be served and filed by 7/18/2008. Answering papers are to be served and filed by 9/4/2008. Reply papers are to be served and filed by 10/8/2008. All motions and application shall be governed by the Court's Individual Practice Rules, except that memoranda of law in support of and in opposition to dispositive motions shall be limited to 40 pages and reply memoranda shall be limited to 25 pages. The joint pretrial order shall be filed no later than 30 days after the completion of expert depositions or 30 days after the final decision of any dispositive motion, whichever date is later, unless a different date is set by order of the Court. (Signed by Judge Gerard E. Lynch on 6/23/08) (tro)
April 16, 2008 Opinion or Order Filing 73 OPINION AND ORDER #95968 that plaintiffs' request for additional time to depose defendant Greg Bildson is granted, and Mr. Bildson is directed to appear for an additional four hours of testimony. (Signed by Judge Gerard E. Lynch on 4/15/08) (cd) Modified on 4/17/2008 (mr).
April 11, 2008 Opinion or Order Filing 72 TRANSCRIPT of proceedings held on 4/02/08 before Judge Gerard E. Lynch. (ama)
April 3, 2008 Opinion or Order Filing 71 ORDER: It is hereby ordered that Qtrax's motion to quash defendants' subpoena is denied except to the extent granted by the Court's ruling on the record at the April 2, 2008, conference. (Signed by Judge Gerard E. Lynch on 4/3/2008) (jpo)
April 2, 2008 Opinion or Order Filing 70 ORDER: It is hereby ordered that defendants application to conduct depositions with respect to their copyright misuse defense is DENIED. (Signed by Judge Gerard E. Lynch on 4/1/2008) (jpo)
April 2, 2008 Opinion or Order Filing 69 ORDER: The parties having appeared before the Court at a conference on March 12, 2008, it is hereby ordered that: Fact Depositions shall be completed by April 18, 2008 expert depositions due by 6/18/2008. Motions due by 7/9/2008. Responses due by 8/27/2008. Replies due by 10/1/2008. Expert reports shall be provided by April 18, 2008. Rebuttal reports shall be provided by May 19, 2008, (Signed by Judge Gerard E. Lynch on 4/1/08) (js)
March 25, 2008 Opinion or Order Filing 68 STIPULATION AND ORDER, defendants shall produce to the plaintiffs true and correct copies of the video files listed in Exhibit A by federal express. (Signed by Judge Gerard E. Lynch on 2/25/08) (cd)
March 24, 2008 Opinion or Order Filing 67 CERTIFICATE OF SERVICE of Reply Memorandum of Law and Declaration of Lawrence J. Reina in Support of Motion to Quash served on All Counsel of Record on 3/24/08. Service was made by ECF and Overnight Delivery. Document filed by QTrax, Inc.. (Reina, Lawrence)
March 24, 2008 Opinion or Order Filing 66 DECLARATION of Lawrence J. Reina in Support re: 57 MOTION to Quash Defendants' Subpoena to Non-Party Qtrax.. Document filed by QTrax, Inc.. (Reina, Lawrence)
March 24, 2008 Opinion or Order Filing 65 REPLY MEMORANDUM OF LAW in Support re: 57 MOTION to Quash Defendants' Subpoena to Non-Party Qtrax.. Document filed by QTrax, Inc.. (Reina, Lawrence)
March 21, 2008 Opinion or Order Filing 64 MEMORANDUM OF LAW in Opposition re: 57 MOTION to Quash Defendants' Subpoena to Non-Party Qtrax.. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (Attachments: # 1 Exhibit A)(Baker, Charles)
March 17, 2008 Opinion or Order Filing 62 CERTIFICATE OF SERVICE of Motion to Quash, Memorandum of Law, Declaration of Herbert Kozlov, Declaration of Allan Klepfisz, Entry of Appearance served on All Parties of Record on 03/17/08. Service was made by Mail and ECF. Document filed by QTrax, Inc.. (Reina, Lawrence)
March 17, 2008 Opinion or Order Filing 61 NOTICE OF APPEARANCE by Lawrence Joseph Reina, Jr on behalf of QTrax, Inc. (Reina, Lawrence)
March 17, 2008 Opinion or Order Filing 60 DECLARATION of Allan Klepfisz in Support re: 57 MOTION to Quash Defendants' Subpoena to Non-Party Qtrax.. Document filed by QTrax, Inc.. (Attachments: # 1 Exhibit Exhibit A to Allan Klepfisz Declaration)(Reina, Lawrence)
March 17, 2008 Opinion or Order Filing 59 DECLARATION of Herbert F. Kozlov in Support re: 57 MOTION to Quash Defendants' Subpoena to Non-Party Qtrax.. Document filed by QTrax, Inc.. (Attachments: # 1 Exhibit Exhibit 1 to Herbert Kozlov's Declaration, # 2 Exhibit 2 of 1 to Herbert Kozlov Declaration, # 3 Exhibit 2 of 2 of Declaration of Herbert Kozlov, # 4 Exhibit Exhibit 2 of 3 of Declaration of Herbert Kozlov, # 5 Exhibit Exhibit 3 of 1 of Declaration of Herbert Kozlov, # 6 Exhibit Exhibit 3 of 2 of Herbert Kozlov Declaration, # 7 Exhibit Exhibit 3 of 3 of Herbert Kozlov Declaration)(Reina, Lawrence)
March 17, 2008 Opinion or Order Filing 58 MEMORANDUM OF LAW in Support re: 57 MOTION to Quash Defendants' Subpoena to Non-Party Qtrax.. Document filed by QTrax, Inc.. (Reina, Lawrence)
March 17, 2008 Opinion or Order Filing 57 MOTION to Quash Defendants' Subpoena to Non-Party Qtrax. Document filed by QTrax, Inc..(Reina, Lawrence)
March 17, 2008 Opinion or Order Filing 56 TRANSCRIPT of proceedings held on 3/12/2008 before Judge Gerard E. Lynch. (ama)
March 12, 2008 Opinion or Order Filing 55 STIPULATION AND ORDER that defendants shall produce to the Plaintiffs true and correct copies of the video files listed in Exhibit A by federal express. (Signed by Judge Gerard E. Lynch on 3/12/08) (cd)
February 4, 2008 Opinion or Order Filing 54 TRANSCRIPT of proceedings held on 12/7/07 @ 5PM CONFERENCE before Judge Gerard E. Lynch. (pr)
December 11, 2007 Opinion or Order Filing 52 ORDER: Document Discovery due by 1/31/2008. Fact Depositions due by 3/31/2008. Post-discovery conference set for 4/11/2008 at 02:00 PM before Judge Gerard E. Lynch. (Signed by Judge Gerard E. Lynch on 12/10/07) (cd)
December 3, 2007 Opinion or Order Filing 51 OPINION AND ORDER #95476: Counter-defendants' motion to dismiss Lime Wire's counterclaims is granted. Lime Wire's first through fifth claims for relief are dismissed with prejudice for failure to state a claim. Lime Wire's sixth through eighth claims for relief are dismissed without prejudice to re-filing in New York State court. Lime Wire's motion for leave to re-plead is denied without prejudice. (Signed by Judge Gerard E. Lynch on 12/3/2007) (jar)
November 27, 2007 Opinion or Order Filing 50 ENDORSED LETTER addressed to Judge Gerard E. Lynch from Katherine Baker dated 11/26/07 re: The parties jointly write this letter to the Court for approval to revise the Scheduling Order dated June 19, 2007, with respect to submission of expert reports. The parties propose an immediate but limited modification of the Scheduling Order that would allow the parties to exchange affirmative expert reports on January 22, 2008. ENDORSEMENT: So Ordered. (Signed by Judge Gerard E. Lynch on 11/27/07) (js)
October 19, 2007 Opinion or Order Filing 48 JOINT BRIEF (from all parties) addressing requested extension of deadlines in Stipulated and Amended Civil Case Management Plan. Document filed by M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (Attachments: # 1 Exhibit 1-2# 2 Exhibit 3-6# 3 Exhibit 7-16# 4 Exhibit A# 5 Exhibit B-D# 6 Exhibit E-H)(Baker, Charles)
September 28, 2007 Opinion or Order Filing 47 ANSWER to Amended Complaint with JURY DEMAND. Document filed by M.J.G. Lime Wire Family Limited Partnership. Related document: 45 Amended Complaint,,,, filed by Motown Record Company, L.P., Atlantic Recording Corporation, Warner Bros. Records Inc., Laface Records LLC, Elektra Entertainment Group, Inc., Sony BMG Music Entertainment, Virgin Records America, Inc., Capitol Records, Inc., Priority Records LLC, BMG Music, Interscope Records, Arista Records LLC, UMG Recordings, Inc..(Baker, Charles)
September 25, 2007 Opinion or Order Filing 46 ORDER: MJG advises that in light of the stipulation and order signed by the Court on 9/12/2007 (doc. #44), its motion is now moot, and accordingly that the motion is withdrawn. The Clerk of the Court is therefore respectfully directed to mark the MJG's motion to dismiss (doc. #38) as closed for all internal statistical purposes. (Signed by Judge Gerard E. Lynch on 9/25/07) (kco)
September 20, 2007 Opinion or Order Filing 45 FIRST AMENDED COMPLAINT FOR FEDERAL COPYRIGHT INFRINGEMENT, COMMON LAW COPYRIGHT INFRINGEMENT, UNFAIR COMPETITION, CONVEYANCE MADE WITH INTENT TO DEFRAUD AND UNJUST ENRICHMENT amending 1 Complaint, against M.J.G. Lime Wire Family Limited Partnership, Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. [Redacted Version]Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. Related document: 1 Complaint, filed by Motown Record Company, L.P., Atlantic Recording Corporation, Warner Bros. Records Inc., Laface Records LLC, Elektra Entertainment Group, Inc., Sony BMG Music Entertainment, Virgin Records America, Inc., Capitol Records, Inc., Priority Records LLC, BMG Music, Interscope Records, Arista Records LLC, UMG Recordings, Inc. (jco)
September 13, 2007 Opinion or Order Filing 44 STIPULATION AND ORDER: that defendant M.J.G. Lime Wire Family Limited Partnership waives any argument that it is not a named part-defendant to that claim; and that defendant M.J.G. Lime Wire Family Limited Partnership preserves all other objections to Count VI of plaintiffs' First Amended Complaint. M.J.G. Lime Wire Family Limited Partnership answer due 9/28/2007. Motions due by 9/28/2007. Replies due by 11/1/2007. Responses due by 10/18/2007. That the time for defendant M.J.G. Lime Wire Family Limited Partnership to move against or answer the remaining allegations in the First Amended Complaint against it - in particular Count IV - is extended to 9/28/07. The time for plaintiffs/counterclaim defendants to respond to any such motion by defendant is extended to 10/18/07. The deadline for defendant to serve reply papers, if any, is 11/1/07. (Signed by Judge Gerard E. Lynch on 9/12/07) (db)
September 10, 2007 Opinion or Order Filing 43 STIPULATION AND ORDER: the time for plaintiffs to oppose the defendant's motion to dismiss is extended to 9/28/2007. The deadline for defendant to reply is extended to 10/16/2007. (Signed by Judge Gerard E. Lynch on 9/10/07) (kco)
August 30, 2007 Opinion or Order Filing 41 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and among the undersigned counsel for all parties that the original Defendants and the Counterclaim Plaintiff will serve and file a corrected copy of Defendants Lime Wire, LLC's, Lime Group, LLC's, Mark Corton's, and Greg Bildson's First Amended Answer to Plaintiffs' First Amended Complaint and Lime Wire's Restated First Amended Counterclaims within two business days of the entry of this Order, and that the corrected copy of the first Amended Answer and Restated Counterclaims will supersede the erroneous version filed on August 16, 2007, and shall be treated as if filed on August 16, 2007. (Signed by Judge Gerard E. Lynch on 8/30/07) (tro)
August 16, 2007 Opinion or Order Filing 42 AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (Baker, Charles) Modified on 9/14/2007 (lb).
August 16, 2007 Opinion or Order Filing 40 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #42) - AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (Baker, Charles) Modified on 9/14/2007 (lb).
August 16, 2007 Opinion or Order Filing 39 MEMORANDUM OF LAW in Support re: 38 MOTION to Dismiss (Notice of Motion to Dismiss the Claim Against It in Plaintiffs' First Amended Complaint).. Document filed by M.J.G. Lime Wire Family Limited Partnership. (Baker, Charles)
August 16, 2007 Opinion or Order Filing 38 MOTION to Dismiss (Notice of Motion to Dismiss the Claim Against It in Plaintiffs' First Amended Complaint). Document filed by M.J.G. Lime Wire Family Limited Partnership.Responses due by 9/5/2007(Baker, Charles)
August 7, 2007 Opinion or Order Filing 37 STIPULATION AND ORDER, that the time for defendants and defendant/counterclaim plaintiff to move against or answer pltffs first amended complaint is extended to and including 8/16/2007. The deadline for plaintiffs/counterclaim defendants to respond to any motion by any defendants or defendant/counterclaim pltff is up to and including 9/5/2007; and movants to serve reply papers, if any is up to and including 10 days following service of opposing papers. Lime Wire LLC answer due 8/16/2007; Lime Group LLC answer due 8/16/2007; Mark Gorton answer due 8/16/2007; Greg Bildson answer due 8/16/2007. (Signed by Judge Gerard E. Lynch on 8/7/2007) (jp)
August 7, 2007 Opinion or Order ***DELETED DOCUMENT. Deleted document number 38 Order. The document was incorrectly filed in this case. (jp)
August 3, 2007 Opinion or Order Filing 36 CERTIFICATE OF SERVICE of Supplemental Summons and Amended Complaint served on M.J.G. LIME WIRE FAMILY LIMITED PARTNERSHIP on July 26, 2007. Service was accepted by Charles S. Baker, Esq.. Document filed by BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation. (Forrest, Katherine)
July 23, 2007 Opinion or Order Filing 34 ENDORSED LETTER addressed to Judge Gerard E. Lynch from Katherine B. Forrest dated 7/11/2007 re: granting plaintiffs leave to file its amended complaint. ENDORSEMENT: SO ORDERED. (Signed by Judge Gerard E. Lynch on 7/23/2007) (jmi)
July 5, 2007 Opinion or Order Filing 33 RESPONSE to Motion re: 27 MOTION to Amend/Correct ("Notice Of Motion For Leave To File An Amended Complaint"). MOTION to Amend/Correct ("Notice Of Motion For Leave To File An Amended Complaint"). (Response and Withdrawal of Opposition). Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (Baker, Charles)
June 28, 2007 Opinion or Order Filing 32 NOTICE OF APPEARANCE by Kenneth Lewinn Doroshow on behalf of BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation (Doroshow, Kenneth)
June 20, 2007 Opinion or Order Filing 29 DECLARATION of Katherine B. Forrest in Support re: 27 MOTION to Amend/Correct ("Notice Of Motion For Leave To File An Amended Complaint"). MOTION to Amend/Correct ("Notice Of Motion For Leave To File An Amended Complaint").. Document filed by BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation. (Attachments: # 1 Exhibit A to Declaration of Katherine B. Forrest# 2 Exhibit B to Declaration of Katherine B. Forrest# 3 Exhibit C to Declaration of Katherine B. Forrest# 4 Exhibit D to Declaration of Katherine B. Forrest# 5 Exhibit E to Declaration of Katherine B. Forrest# 6 Exhibit F to Declaration of Katherine B. Forrest# 7 Exhibit G to Declaration of Katherine B. Forrest# 8 Exhibit H to Declaration of Katherine B. Forrest# 9 Exhibit I to Declaration of Katherine B. Forrest# 10 Exhibit J to Declaration of Katherine B. Forrest# 11 Exhibit K to Declaration of Katherine B. Forrest)(Forrest, Katherine)
June 20, 2007 Opinion or Order Filing 28 MEMORANDUM OF LAW in Support re: 27 MOTION to Amend/Correct ("Notice Of Motion For Leave To File An Amended Complaint"). MOTION to Amend/Correct ("Notice Of Motion For Leave To File An Amended Complaint"). ("Plaintiffs/Counterclaim Defendants' Memorandum Of Law In Support Of Motion For Leave To File An Amended Complaint"). Document filed by BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation. (Forrest, Katherine)
June 20, 2007 Opinion or Order Filing 27 MOTION to Amend/Correct ("Notice Of Motion For Leave To File An Amended Complaint"). Document filed by BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation.(Forrest, Katherine)
June 19, 2007 Opinion or Order Filing 26 STIPULATED AND AMENDED CIVIL CASE MANAGEMENT PLAN: Discovery due by 12/20/2007., Deposition due by 12/20/2007. Experts if any are to be designated by 10/26/2007, expert's reports exchanged by 10/26/2007, Rebuttal reports exchanged by 11/14/2007. Requests to Admit due by 11/30/2007. Dispositive Motions due by 1/31/2008. Responses due by 3/3/2008. Replies due by 3/18/2008. All other provisions of the 10/11/2006 Civil Case Management Plan, shall remain the same. (Signed by Judge Gerard E. Lynch on 6/18/2007) (jar)
May 24, 2007 Opinion or Order Filing 25 BRIEF re: 15 Memorandum of Law in Opposition to Motion (Letter). Document filed by Lime Wire LLC, Lime Group LLC.(Baker, Charles)
May 23, 2007 Opinion or Order CASHIERS OFFICE REMARK on 24 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/09/2007, Receipt Number 614367. (jd)
May 16, 2007 Opinion or Order Filing 24 ORDER; granting 23 Motion for Susan K. Hellinger to Appear Pro Hac Vice. (Signed by Judge Gerard E. Lynch on 5/16/07) (pl)
May 9, 2007 Opinion or Order Filing 23 MOTION for Susan K. Hellinger to Appear Pro Hac Vice. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson.(jco)
March 8, 2007 Opinion or Order Filing 22 ORDER FOR WITHDRAWL PURSUANT TO LOCAL CIVIL RULE 1.4: Daniel P. Murphy is given leave of this court to withdraw from the above-captioned case. SO ORDERED. (Signed by Judge Gerard E. Lynch on 3/5/2007) (jar)
March 8, 2007 Opinion or Order Filing 21 STIPULATED PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material, pursuant to Rule 26(c) of the Fed.R.of Civ. P. is hereby entered. This Order shall be applicable to and govern all depositions, documents produced in response to requests for production of documents, answers to interrogatories, responses to requests for admission, and all other discovery taken pursuant to the FRCP and other information furnished, directly or indirectly, by or on behalf of any party or nonparty in connection with this action which that party or non party designates as Confidential. SO ORDERED. (Signed by Judge Gerard E. Lynch on 3/8/2007) (jar) Additional attachment(s) added on 3/12/2007 (Rivera, Jazmin).
February 15, 2007 Opinion or Order Filing 19 NOTICE OF APPEARANCE by Karyn Annise Temple on behalf of BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation (Temple, Karyn)
February 15, 2007 Opinion or Order Filing 18 REPLY MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss First Amended Counterclaims. ("Reply Memorandum Of Law In Further Support Of Plaintiffs/Counterclaim Defendants' Motion To Dismiss The First Amended Counterclaims And In Opposition To Lime Wire LLC's Alternative Motion For Leave To Replead"). Document filed by BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation. (Forrest, Katherine)
February 9, 2007 Opinion or Order Filing 20 LETTER addressed to Gerard E. Lynch from Katherine B. Forrest dated 1/26/2007 re: to request a pre-motion conference concering a discovery dispute. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson, Atlantic Recording Corporation, BMG Music.(jmi)
February 9, 2007 Opinion or Order Filing 17 ORDER the Court having reviewed tha parties joint submission dated January, and having also carefully reviewed the briefs submitted to date in connection with plaintiffs' motion to dismiss defendants' counterclaims, the plaintiffs' application for stay of discovery relating to defendants' counterclaims is denied. SO ORDERED. (Signed by Judge Gerard E. Lynch on 2/8/2007) (jmi)
January 18, 2007 Opinion or Order Filing 15 MEMORANDUM OF LAW in Opposition re: 13 MOTION to Dismiss First Amended Counterclaims.. Document filed by Lime Wire LLC. (Cohen, Joseph)
January 16, 2007 Opinion or Order Filing 16 STIPULATION AND ORDER; that the deadline for Defendants/Counterclaim Plaintiffs to serve and file an opposition brief will be 1/18/07, and the deadline for Plaintiffs/Counterclaim Defendants to serve and file a reply brief will be 2/15/07. (Signed by Judge Gerard E. Lynch on 1/12/07) (ae)
January 16, 2007 Opinion or Order Set/Reset Deadlines as to 13 MOTION to Dismiss First Amended Counterclaims.. Responses due by 1/18/2007 Replies due by 2/15/2007. (ae)
December 11, 2006 Opinion or Order Filing 14 MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss First Amended Counterclaims.. Document filed by BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation. (Forrest, Katherine)
December 11, 2006 Opinion or Order Filing 13 MOTION to Dismiss First Amended Counterclaims. Document filed by BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation. (Attachments: # 1 Appendix)(Forrest, Katherine)
November 30, 2006 Opinion or Order Filing 12 STIPULATION AND ORDER; the time for plaintiffs/counterclaim defendants to move, reply or otherwise respond to the first amended counterclaim is extended to 12/11/2006. The deadline for defendants/counterclaim plaintiffs to file an opposition brief will be 1/15/2007 and the deadline for a reply brief will be 2/12/2007. (Signed by Judge Gerard E. Lynch on 11/30/06) (kco, )
November 30, 2006 Opinion or Order Set Deadlines: Motions due by 12/11/2006. Responses due by 1/15/2007. Replies due by 2/12/2007. (kco, )
November 17, 2006 Opinion or Order Filing 11 FIRST AMENDED COUNTERCLAIM amending 5 Answer to Complaint, Counterclaim against all defendants.Document filed by Lime Wire LLC. Related document: 5 Answer to Complaint, Counterclaim filed by Lime Wire LLC,, Lime Group LLC,, Mark Gorton,, Greg Bildson,.(Baker, Charles)
October 23, 2006 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Joseph Maddaloni, Jr on behalf of Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson, Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson (Maddaloni, Joseph)
October 18, 2006 Opinion or Order Filing 8 ORDER granting 6 Motion for Charles S. Baker, Eric D. Wade, and Joseph D. Cohen to Appear Pro Hac Vice for defts.. (Signed by Judge Gerard E. Lynch on 10/11/06) (cd, )
October 18, 2006 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: 8 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd, )
October 16, 2006 Opinion or Order Filing 10 STIPULATION AND ORDER: The time for plaintiffs/counterclaim defendants to move, reply or otherwise respond to the counterclaim is extended through and including 11/17/2006. If plaintiffs/counterclaim defendants respond to the counterclaim by moving, the deadline for defendants/counterclaim plaintiffs to serve and file an opposition brief will be 12/22/2006 and the deadline for plaintiffs/counterclaim defendants to serve and file a reply brief will be 1/19/2007. (Signed by Judge Gerard E. Lynch on 10/11/2006) (lb, )
October 16, 2006 Opinion or Order Set Answer Due Date purs. to 10 Stipulation and Order,, as to BMG Music answer due on 11/17/2006; Capitol Records, Inc. answer due on 11/17/2006; Elektra Entertainment Group, Inc. answer due on 11/17/2006; Interscope Records answer due on 11/17/2006; Laface Records LLC answer due on 11/17/2006; Motown Record Company, L.P. answer due on 11/17/2006; Arista Records LLC answer due on 11/17/2006; Priority Records LLC answer due on 11/17/2006; Sony BMG Music Entertainment answer due on 11/17/2006; UMG Recordings, Inc. answer due on 11/17/2006; Virgin Records America, Inc. answer due on 11/17/2006; Warner Bros. Records Inc. answer due on 11/17/2006; Atlantic Recording Corporation answer due on 11/17/2006. (lb, )
October 16, 2006 Opinion or Order Set/Reset Deadlines: Replies due by 1/19/2007. Responses due by 12/22/2006 (lb, )
October 16, 2006 Opinion or Order Filing 7 CASE MANAGEMENT PLAN: Amended Pleadings due by 3/9/2007. Joinder of Parties due by 1/31/2007. Dispositive Motions due by 8/10/2007. Responses due by 9/10/2007 Replies due by 10/10/2007. FAct Discovery due by 7/13/2007. Case Management Conference set for 3/2/2007 12:00 PM before Judge Gerard E. Lynch. (Signed by Judge Gerard E. Lynch on 10/11/06) (cd, )
October 5, 2006 Opinion or Order Filing 6 MOTION for Charles S. Baker, Eric D. Wade and Joseph D. Cohen to Appear Pro Hac Vice. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (jco, )
September 25, 2006 Opinion or Order Filing 5 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson.(Young, Allan)
September 25, 2006 Opinion or Order Filing 4 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson.(Young, Allan)
August 28, 2006 Opinion or Order Filing 3 STIPULATION AND ORDER: Defendant's time to move, answer or otherwise respond to the complaint is extended through and including 9/25/2006. (Signed by Judge Gerard E. Lynch on 8/28/2006) (lb, )
August 28, 2006 Opinion or Order Set Answer Due Date purs. to 3 Stipulation and Order as to Lime Wire LLC answer due on 9/25/2006; Mark Gorton answer due on 9/25/2006; Greg Bildson answer due on 9/25/2006. (lb, )
August 4, 2006 Opinion or Order Filing 2 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music.(lb, )
August 4, 2006 Opinion or Order Filing 1 COMPLAINT against Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (Filing Fee $ 350.00, Receipt Number 586887)Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music.(lb, )
August 4, 2006 Opinion or Order SUMMONS ISSUED as to Lime Wire LLC, Lime Group LLC, Mark Gorton, Greg Bildson. (lb, )
August 4, 2006 Opinion or Order Magistrate Judge Debra C. Freeman is so designated. (lb, )
August 4, 2006 Opinion or Order Case Designated ECF. (lb, )
August 4, 2006 Opinion or Order Mailed notice to Register of Copyrights to report the filing of this action. (lb, )

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Search for this case: Arista Records LLC et al v. Lime Wire LLC et al
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Plaintiff: Arista Records LLC
Represented By: Jonathan H. Blavin
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Plaintiff: Atlantic Recording Corporation
Represented By: Jonathan H. Blavin
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Plaintiff: BMG Music
Represented By: Jonathan H. Blavin
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Plaintiff: Capitol Records, Inc.
Represented By: Jonathan H. Blavin
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Plaintiff: Elektra Entertainment Group, Inc.
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Plaintiff: Interscope Records
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Plaintiff: Laface Records LLC
Represented By: Jonathan H. Blavin
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Plaintiff: Motown Record Company, L.P.
Represented By: Jonathan H. Blavin
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Plaintiff: Priority Records LLC
Represented By: Jonathan H. Blavin
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Plaintiff: Sony BMG Music Entertainment
Represented By: Jonathan H. Blavin
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Plaintiff: UMG Recordings, Inc.
Represented By: Jonathan H. Blavin
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Plaintiff: Virgin Records America, Inc.
Represented By: Jonathan H. Blavin
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Plaintiff: Warner Bros. Records Inc.
Represented By: Jonathan H. Blavin
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Defendant: Lime Wire LLC
Represented By: Tonia Maria Ouellette Klausner
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Defendant: Lime Group LLC
Represented By: Colleen Bal
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Defendant: Mark Gorton
Represented By: Tonia Maria Ouellette Klausner
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Defendant: M.J.G. Lime Wire Family Limited Partnership
Represented By: Tonia Maria Ouellette Klausner
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Counter_claimant: Lime Wire LLC
Represented By: Joseph Maddaloni, Jr
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Counter_claimant: Lime Group LLC
Represented By: Joseph Maddaloni, Jr
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Counter_claimant: Mark Gorton
Represented By: Joseph Maddaloni, Jr
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Counter_defendant: Capitol Records, Inc.
Represented By: Kenneth Lewinn Doroshow
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Counter_defendant: Elektra Entertainment Group, Inc.
Represented By: Kenneth Lewinn Doroshow
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Counter_defendant: Interscope Records
Represented By: Kenneth Lewinn Doroshow
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Counter_defendant: Laface Records LLC
Represented By: Kenneth Lewinn Doroshow
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Counter_defendant: Motown Record Company, L.P.
Represented By: Kenneth Lewinn Doroshow
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Counter_defendant: Arista Records LLC
Represented By: Kenneth Lewinn Doroshow
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Counter_defendant: Priority Records LLC
Represented By: Kenneth Lewinn Doroshow
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Counter_defendant: Sony BMG Music Entertainment
Represented By: Kenneth Lewinn Doroshow
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Counter_defendant: UMG Recordings, Inc.
Represented By: Kenneth Lewinn Doroshow
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Counter_defendant: Virgin Records America, Inc.
Represented By: Kenneth Lewinn Doroshow
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Counter_defendant: Warner Bros. Records Inc.
Represented By: Kenneth Lewinn Doroshow
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Counter_defendant: Atlantic Recording Corporation
Represented By: Kenneth Lewinn Doroshow
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Counter_defendant: BMG Music
Represented By: Kenneth Lewinn Doroshow
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Movant: QTrax, Inc.
Represented By: Lawrence Joseph Reina, Jr
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Amicus: Electronic Frontier Foundation et al.
Represented By: Edward Hernstadt
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