Capitol Records, LLC v. Redigi Inc. 
Is it legal to resell used mp3 files?
| Plaintiff: | Capitol Records, LLC |
|---|---|
| Defendant: | Redigi Inc. |
| Case Number: | 1:2012cv00095 |
| Filed: | January 6, 2012 |
| Court: | New York Southern District Court |
| Office: | Foley Square Office |
| County: | NewYork |
| Presiding Judge: | Richard J. Sullivan |
| Nature of Suit: | Intellectual Property - Copyrights |
| Cause: | 17:101 |
| Jurisdiction: | Federal Question |
| Jury Demanded By: | None |
Follow this docket report by RSSDocket Report
We have record of the following docket entries for this case.
| Date Filed | # | Document Text |
|---|---|---|
| May 15, 2013 | 112 | NOTICE OF CHANGE OF ADDRESS by Gary Philip Adelman on behalf of Redigi Inc.. New Address: Davis Shapiro & Lewit, LLP, 414 W 14th Street, 5th Floor, New York, New York, USA 10014, 212-230-5500. (Adelman, Gary) |
| May 13, 2013 | Mediator Session Held on 05/10/2013 at Mediator's Office.(sc) | |
| May 10, 2013 | MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for May 10, 2013 at 2:00 PM. Session to take place at Mediator's office.(cda) | |
| May 6, 2013 | 111 |  JOINT AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. § 636(c). This case is not to be tried to a jury. All remaining discovery shall be completed by August 2, 2013. Discovery due by 8/2/2013. Pre-Motion Conference set for 8/9/2013 at 10:00 AM before Judge Richard J. Sullivan. This case has been referred to the Southern District's Mediation Program for a conference to be held no later than May 31, 2013. The parties have conferred and their present best estimate of the length of trial for the damages and remedy phase of this case is two days. SO ORDERED. (Signed by Judge Richard J. Sullivan on 5/06/2013) (ama) |
| May 2, 2013 | NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/31/2013.(cda) | |
| May 1, 2013 | Transmission to Mediation Clerk. Transmitted re: 110 Order,,,, to the Mediation Clerk for case processing. (mro) | |
| May 1, 2013 | 110 | ORDER: Accordingly, IT IS HEREBY ORDERED THAT the parties are referred to the Southern District's Mediation Program for a conference to be held no later than May 31, 2013. Given that referral, Defendant's request for an additional settlement conference is DENIED as redundant. IT IS FURTHER ORDERED THAT the parties shall submit a joint, proposed case management plan incorporating the discovery deadlines proposed in their letter. A template is available at www.nysd.uscourts.gov/cases/show.php?.... The Court will schedule a post-discovery conference in that Order. Finally, the Court will not presently address the parties' stated intentions to file motions as the parties have not filed any motions nor has the Court received any pre-motion letters pursuant to its Individual Rule of Practice 2.A. (Signed by Judge Richard J. Sullivan on 4/30/2013) (mro) |
| March 30, 2013 | 109 | MEMORANDUM AND ORDER granting 48 Motion for Partial Summary Judgment; denying 54 Motion for Summary Judgment. At base, ReDigi seeks judicial amendment of the Copyright Act to reach its desired policy outcome. However, "[s]ound policy, as well as history, supports [the Court's] consistent deference to Congress when major technological innovations alter the market for copyrighted materials. Congress has the constitutional authority and the institutional ability to accommodate fully the varied permutations of competing interests that are inevitably implicated by such new technology. Sony, 464 U.S. at 431. Such deference often counsels for a limited interpretation of copyright protection. However, here, the Court cannot of its own accord condone the wholesale application of the first sale defense to the digital sphere, particularly when Congress its If has declined to take that step. Accordingly, and for the reasons stated above, the Court GRANTS Capitol's motion for summary judgment on its claims for ReDigi's direct, contributory, and vicarious infringement of its reproduction rights. The Court also DENIES ReDigi's motion in its entirety. Because issues remain with respect to Capitols performance and display rights and ReDigi's secondary infringement of Capitols common law copyrights, as well as damages, injunctive relief, and attorneys fees. IT IS HEREBY ORDERED THAT the parties shall submit a joint letter to the court no later than April 12, 2013 concerning the next contemplated steps in this case. The Clerk of Court is respectfully directed to terminate the motions pending at Doc. Nos. 48 and 54.(Signed by Judge Richard J. Sullivan on 3/30/2013) (ago) Modified on 4/1/2013 (ago). |
| October 22, 2012 | 108 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/5/12 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) |
| October 22, 2012 | 107 | TRANSCRIPT of Proceedings re: CONFERENCE held on 10/5/2012 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Rose Prater, (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 11/16/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.(McGuirk, Kelly) |
| October 5, 2012 | Minute Entry for proceedings held before Judge Richard J. Sullivan: Oral Argument held on 10/5/2012. The Court held an oral argument on October 5, 2012 in Courtroom 21C with Judge Richard J. Sullivan presiding. Attorneys Richard Stephen Mandel and Jonathan Zachary King were present for Plaintiff. Attorney Gary Phillip Adelman and his associate Sarah Matz were present for Defendant. Court reporter present. (lmb) | |
| October 5, 2012 | 106 | ORDER: Upon the Stipulation to Change Attorneys dated April 20, 2012, Declaration pursuant to Rule 1.4 dated April24, 2012, and letter application dated October 3, 2012, the motion of RAY BECKERMAN, P.C., RAY BECKERMAN, and MORLAN TY ROGERS to withdraw as counsel for defendant ReDigi, Inc., is granted.SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/03/2012) (ama) |
| October 2, 2012 | 105 | ORDER: Upon the receipt of the Declaration of Mitchell Schuster, Esq., dated September 28, 2012, submitted pursuant to Local Civil Rule 1.4 and the Consent to Change Attorney dated September 28, 2012, MEISTER SEELIG & FEIN LLP's motion to withdraw as counsel for defendant ReDigi Inc., is granted. SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/02/2012) (ama) |
| September 14, 2012 | 104 | NOTICE OF CHANGE OF ADDRESS by Gary Philip Adelman on behalf of Redigi Inc.. New Address: DAVIS SHAPIRO LEWIT & HAYES LLP, 689 Fifth Avenue, 5th Floor, New York, New York, USA 10022, 212-230-5515. (Adelman, Gary) |
| September 14, 2012 | 103 | NOTICE OF APPEARANCE by Gary Philip Adelman on behalf of Redigi Inc. (Adelman, Gary) |
| September 5, 2012 | Set/Reset Hearings: Oral Argument set for 10/5/2012 at 10:00 AM before Judge Richard J. Sullivan. (js) | |
| September 5, 2012 | 102 | ORDER: Accordingly, It is hereby ordered that both motions are granted pending Oral Argument on October 5, 2012 at 10:00 a.m. The Clerk of the Court is respectfully requested to terminate the motions at Doc. Nos. 96 and 99. So Ordered. (Signed by Judge Richard J. Sullivan on 9/5/2012) (js) |
| August 31, 2012 | 101 | MEMORANDUM OF LAW in Support re: 99 MOTION to Seal.. Document filed by Redigi Inc.. (Adelman, Gary) |
| August 31, 2012 | 100 | DECLARATION of LAWRENCE ROGEL in Support re: 99 MOTION to Seal.. Document filed by Redigi Inc.. (Adelman, Gary) |
| August 31, 2012 | 99 | MOTION to Seal. Document filed by Redigi Inc..(Adelman, Gary) |
| August 30, 2012 | 98 | DECLARATION of MARK PIIBE in Support re: 96 MOTION to Seal.. Document filed by Capitol Records, LLC. (Mandel, Richard) |
| August 30, 2012 | 97 | MEMORANDUM OF LAW in Support re: 96 MOTION to Seal.. Document filed by Capitol Records, LLC. (Mandel, Richard) |
| August 30, 2012 | 96 | MOTION to Seal. Document filed by Capitol Records, LLC.(Mandel, Richard) |
| August 28, 2012 | 95 | ENDORSED LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 8/28/2012 re: Because Capitol does not wish to burden the Court with additional submissions beyond the extensive papers already filed on the parties' cross-motions, it simply wishes to refer the Court to its previously submitted letter of August 20,2012 (written in response to ReDigi'srequest for an extension of the page limit for its reply brief) in which Capitol addresses the reasons why ReDigi's attempt to exclude the Jacobson declaration is without merit. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 8/28/2012) (ama) |
| August 24, 2012 | 94 | SEALED DOCUMENT placed in vault.(nm) |
| August 24, 2012 | 93 | CERTIFICATE OF SERVICE of REPLY MEMORANDUM OF LAW, DECLARATION OF GARY ADELMAN, DECLARATION OF LAWRENCE ROGEL served on CAPITOL RECORDS LLC on 8/24/12. Service was accepted by CAPITOL RECORDS LLC. Document filed by Redigi Inc.. (Adelman, Gary) |
| August 24, 2012 | 92 | DECLARATION of LARRY RUDOLPH a/k/a LAWRENCE S. ROGEL in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Adelman, Gary) |
| August 24, 2012 | 91 | DECLARATION of GARY ADELMAN in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Adelman, Gary) |
| August 24, 2012 | 90 | REPLY MEMORANDUM OF LAW in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Adelman, Gary) |
| August 24, 2012 | 89 | SEALED DOCUMENT placed in vault.(nm) |
| August 24, 2012 | 88 | REPLY AFFIDAVIT of RICHARD S. MANDEL in Support re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Capitol Records, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Certificate of Service)(Mandel, Richard) |
| August 24, 2012 | 87 | REPLY MEMORANDUM OF LAW in Support re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(Mandel, Richard) |
| August 20, 2012 | 86 | ENDORSED LETTER addressed to Judge Richard J. Sullivan from Gary Adelman dated 8/17/2012 re: Pursuant to Your Honor's Individual Practices Rule 1.D, we write to respectfully request permission to file an oversized reply brief in support of ReDigi's motion for summary judgment to address the untimely submitted declaration of Doug Jacobson dated August 9, 2012 (Docket No. 75) ("Jacobson Decl.") in opposition to ReDigi's summary judgment motion, or alternatively, for the reasons below, that the Court exclude the Jacobson Decl., from consideration in connection with either party's motion for summary judgment. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Sullivan on 8/20/2012) (lmb) |
| August 14, 2012 | 85 | SEALED DOCUMENT placed in vault.(nm) |
| August 14, 2012 | 84 | CERTIFICATE OF SERVICE of ReDigi's Memorandum Of Law In Opposition to Plaintiff's Motion for Partial Summary Judgment, Adelman Declaration in Support, Ossenmacher Declaration in Support, Rogel Declaration in Support and ReDigi's Counter Statement Pursuant to Local Rule 56.1 served on CAPITOL RECORDS LLC on 8/14/12. Service was accepted by CAPITOL RECORDS LLC. Document filed by Redigi Inc.. (Adelman, Gary) |
| August 14, 2012 | 83 | COUNTER STATEMENT TO 50 Rule 56.1 Statement. Document filed by Redigi Inc.. (Adelman, Gary) |
| August 14, 2012 | 82 | DECLARATION of GARY ADELMAN in Opposition re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Redigi Inc.. (Adelman, Gary) |
| August 14, 2012 | 81 | DECLARATION of JOHN OSSENMACHER in Opposition re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Redigi Inc.. (Adelman, Gary) |
| August 14, 2012 | 80 | DECLARATION of LARRY RUDOLPH a/k/a LAWRENCE S. ROGEL in Opposition re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Redigi Inc.. (Adelman, Gary) |
| August 14, 2012 | 79 | MEMORANDUM OF LAW in Opposition re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Redigi Inc.. (Adelman, Gary) |
| August 14, 2012 | 78 | COUNTER STATEMENT TO 56 Rule 56.1 Statement. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(King, Jonathan) |
| August 14, 2012 | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Jonathan Zachary King to RE-FILE Document 73 Response in Opposition to Motion. Use the event type Counter Statement Rule 56.1 found under the event list Other Answers. (db) | |
| August 14, 2012 | 77 | SEALED DOCUMENT placed in vault.(mps) |
| August 14, 2012 | 76 | MEMORANDUM OF LAW in Opposition re: 54 MOTION for Summary Judgment.. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(King, Jonathan) |
| August 14, 2012 | 75 | DECLARATION of DOUG JACOBSON in Opposition re: 54 MOTION for Summary Judgment.. Document filed by Capitol Records, LLC. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(King, Jonathan) |
| August 14, 2012 | 74 | DECLARATION of RICHARD S. MANDEL in Opposition re: 54 MOTION for Summary Judgment.. Document filed by Capitol Records, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service)(King, Jonathan) |
| August 14, 2012 | 73 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition re: 54 MOTION for Summary Judgment. Plaintiff's Response to Defendant's Statement of Undisputed Facts Pursuant to Local Rule 56.1. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(King, Jonathan) Modified on 8/14/2012 (db). |
| August 2, 2012 | Set/Reset Deadlines as to 48 MOTION for Partial Summary Judgment - Notice of Motion., 54 MOTION for Summary Judgment.. Responses due by 8/14/2012 Replies due by 8/24/2012. (jfe) | |
| August 2, 2012 | 72 | ENDORSED LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel and Gary Adelman dated 8/2/2012 re: The parties jointly request a four day adjustment of the current briefing schedule for summary judgment motions in order to accommodate counsel's vacation schedules. The parties propose that summary Judgment opposition papers would be due on August 14 instead of August 10, and that reply papers would be due on August 24 instead of August 20. The parties also jointly request that opposition and reply papers be conditionally filed under seal in accordance with the same procedure approved by the Court in connection with the moving papers. In order to avoid duplicative sealing motions, the parties request that they be permitted to make the required followup submissions supporting sealing of any of their confidential material contained in either opposition or reply papers by August 31, 2012. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 8/2/2012) (jfe) |
| July 31, 2012 | Transmission to Sealed Records Clerk. Transmitted re: 71 Order on Motion to Seal, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ja) | |
| July 31, 2012 | 71 | ADDENDUM TO ORDER: granting 63 Motion to Seal; granting 67 Motion to Seal. On July 27, 2012, both Plaintiff and Defendant filed motions to seal certain documents that were conditionally filed under seal in connection with the parties' cross-motions for summary judgment. Both parties also submitted affidavits and a memorandum of law in support of their motions, addressing the standard for filing documents under seal, and demonstrating that "the privacy interests of those resisting disclosure" overcome the presumption of public access to judicial documents in the present matter. Accordingly, IT IS HEREBY ORDERED THAT both motions are granted. (Signed by Judge Richard J. Sullivan on 7/31/2012) (ja) |
| July 30, 2012 | 70 | ORDER: that Public Knowledge's request for leave to file an amicus curiae brief is denied. (Signed by Judge Richard J. Sullivan on 7/30/2012) (cd) |
| July 27, 2012 | 69 | DECLARATION of LARRY RUDOLPH a/k/a LAWRENCE S. ROGEL in Support re: 67 MOTION to Seal.. Document filed by Redigi Inc.. (Adelman, Gary) |
| July 27, 2012 | 68 | MEMORANDUM OF LAW in Support re: 67 MOTION to Seal.. Document filed by Redigi Inc.. (Adelman, Gary) |
| July 27, 2012 | 67 | MOTION to Seal. Document filed by Redigi Inc..(Adelman, Gary) |
| July 27, 2012 | 66 | ORDER. IT IS HEREBY ORDERED THAT Defendant's motion for reconsideration of the Court's June 13, 2012 Order is denied. IT IS FURTHER ORDERED THAT discovery with respect to ReDigi customers is stayed, pending the Court's resolution of the parties' cross-motions for summary judgment. The Clerk of the Court is respectfully requested to terminate the motion located at Doc. No. 41. Denying 41 Motion for Reconsideration. (Signed by Judge Richard J. Sullivan on 7/26/2012) (rjm) |
| July 27, 2012 | 65 | DECLARATION of Mark Piibe in Support re: 63 MOTION to Seal.. Document filed by Capitol Records, LLC. (Mandel, Richard) |
| July 27, 2012 | 64 | MEMORANDUM OF LAW in Support re: 63 MOTION to Seal.. Document filed by Capitol Records, LLC. (Mandel, Richard) |
| July 27, 2012 | 63 | MOTION to Seal. Document filed by Capitol Records, LLC.(Mandel, Richard) |
| July 26, 2012 | Minute Entry for proceedings held before Judge Richard J. Sullivan: Oral Argument held on 7/26/2012 re: 41 MOTION for Reconsideration. filed by Redigi Inc.. (pl) | |
| July 20, 2012 | 62 | SEALED DOCUMENT placed in vault.(mps) |
| July 20, 2012 | 61 | CERTIFICATE OF SERVICE of Notice of Motion for Summary Judgment, Memorandum of Law in Support of Motion for Summary Judgment, Statement of Undisputed Facts Pursuant to Rule 56.1, Declaration of Gary Adelman (with exhibits 1-13), Declaration of L. Rogel, Declaration of C. Worth, Declaration of J. Lin served on CAPITOL RECORDS LLC on 7/20/12. Document filed by Redigi Inc.. (Adelman, Gary) |
| July 20, 2012 | 60 | DECLARATION of JONATHAN LIN in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Adelman, Gary) |
| July 20, 2012 | 59 | DECLARATION of COLIN WORTH in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Adelman, Gary) |
| July 20, 2012 | 58 | DECLARATION of LARRY RUDOLPH (a/k/a LAWRENCE S. ROGEL) in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Adelman, Gary) |
| July 20, 2012 | 57 | DECLARATION of GARY ADELMAN in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit Exhibit 1-3, # 2 Exhibit Exhibit 4-13)(Adelman, Gary) |
| July 20, 2012 | 56 | RULE 56.1 STATEMENT. Document filed by Redigi Inc.. (Adelman, Gary) |
| July 20, 2012 | 55 | MEMORANDUM OF LAW in Support re: 54 MOTION for Summary Judgment.. Document filed by Redigi Inc.. (Adelman, Gary) |
| July 20, 2012 | 54 | MOTION for Summary Judgment. Document filed by Redigi Inc.. Responses due by 8/10/2012 Return Date set for 8/20/2012 at 11:59 PM.(Adelman, Gary) |
| July 20, 2012 | 53 | SEALED DOCUMENT placed in vault.(mps) |
| July 20, 2012 | 52 | DECLARATION of Richard S. Mandel in Support re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Capitol Records, LLC. (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 Appendix of Deposition Excerpts, # 15 Certificate of Service)(Mandel, Richard) |
| July 20, 2012 | 51 | DECLARATION of Alasdair J. McMullan in Support re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Capitol Records, LLC. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Mandel, Richard) |
| July 20, 2012 | 50 | RULE 56.1 STATEMENT. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(Mandel, Richard) |
| July 20, 2012 | 49 | MEMORANDUM OF LAW in Support re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(Mandel, Richard) |
| July 20, 2012 | 48 | MOTION for Partial Summary Judgment - Notice of Motion. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(Mandel, Richard) |
| July 16, 2012 | 47 | ORDER: It is hereby ordered that the parties shall appear for a telephone conference regarding Defendant's motion for reconsideration Thursday, July 26, 2012 at 3:30 p.m. The parties shall gather on one line and call Chambers at (212) 805-0264 ( Telephone Conference set for 7/26/2012 at 03:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 7/16/2012) (js) |
| July 13, 2012 | 46 | ENDORSED LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 7/12/2012 re: The parties jointly request leave to file portions of their respective summary judgment motions next week under conditional seal, subject to subsequent submission of further papers by each party no later than July 27, 2012 addressing the justifications for the continued sealing of documents containing information that has been designated by that particular party as Confidential Discovery Material under the Stipulated Protective Order entered in this case (Docket No. 38) (the "Protective Order"). ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/12/2012) (ama) |
| July 11, 2012 | 45 | REPLY MEMORANDUM OF LAW in Support re: 41 MOTION for Reconsideration.. Document filed by Redigi Inc.. (Adelman, Gary) |
| July 6, 2012 | 44 | MEMORANDUM OF LAW in Opposition re: 41 MOTION for Reconsideration.. Document filed by Capitol Records, LLC. (Mandel, Richard) |
| June 28, 2012 | 43 | ORDER: that Plaintiff shall file a submission in response no later than July 13, 2012. IT IS HEREBY ORDERED THAT Plaintiffs request for a 60-day extension of the discovery schedule is denied. ( Responses due by 7/13/2012) (Signed by Judge Richard J. Sullivan on 6/28/2012) (pl) |
| June 27, 2012 | 42 | MEMORANDUM OF LAW in Support re: 41 MOTION for Reconsideration.. Document filed by Redigi Inc.. (Adelman, Gary) |
| June 27, 2012 | 41 | MOTION for Reconsideration. Document filed by Redigi Inc.. Return Date set for 7/9/2012 at 09:30 AM.(Adelman, Gary) |
| June 13, 2012 | 40 | ORDER: IT IS HEREBY ORDERED THAT: With regard to the first dispute, ReDigi need not produce documents disclosing the identities of shareholders and/or investors. With regard to the second dispute, ReDigi shall comply with Capitol's Request No. 13. With regard to the third dispute, ReDigi shall comply with Capitol's Request No. 24 and 25. With regard to the fourth dispute, Capitol need not produce documents relating to Capitol's agreement with Amazon.com. (Signed by Judge Richard J. Sullivan on 6/13/2012) (jfe) |
| May 15, 2012 | 39 | ADDENDUM TO ORDER: This Addendum is an integral part of the Order of today's date granting confidentiality protection to certain materials. Notwithstanding any other provision, no document may be filed with the Clerk under seal without a further Order of this Court addressing the specific documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d ll0, 119-20 (2d Cir. 2006) and any other controlling authority.Nothing herein is intended to alter or modify the applicability of Federal Rule of Civil Procedure 5.2 to this case. The redactions expressly authorized by Rule 5.2 may be made without further application to the Court. (Signed by Judge Richard J. Sullivan on 5/14/2012) (js) |
| May 15, 2012 | 38 | STIPULATED PROTECTIVE ORDER GOVERNING THE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION:...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Richard J. Sullivan on 5/14/2012) (js) |
| April 30, 2012 | 37 | AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER:All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. § 636(c). This case is not to be tried to a jury. All fact discovery is to be completed no later than June 20, 2012. Depositions shall be completed by June 20, 2012. Both sides' moving papers to be filed by July 20, 2012. Both sides' opposition papers to be filed by August 10, 2012. Both sides' reply papers to be filed by August 20, 2012. The Court will conduct an oral argument on 10/5/12 at 10:00 a.m. Parties have conferred and their present best estimate of the length of trial is three days. (Signed by Judge Richard J. Sullivan on 4/30/2012) (mro) |
| April 24, 2012 | 36 | ORDER: IT IS HEREBY ORDERED THAT counsel for Plaintiff and Defendant's proposed new counsel, Meester Seelig & Fein LLP, shall submit a joint letter to the Court no later than April 27, 2012, informing the Court as to whether deadlines in the current Case Management Plan will be affected by the contemplated substitution of counsel. (Signed by Judge Richard J. Sullivan on 4/24/2012) (jfe) |
| April 24, 2012 | 35 | DECLARATION of RAY BECKERMAN Pursuant to Rule 1.4 in support of substitution of attorneys for defendant. Document filed by Redigi Inc.. (Beckerman, Ray) |
| April 23, 2012 | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Ray Beckerman to RE-FILE Document 34 MOTION to Substitute Attorney. Old Attorney: Ray Beckerman, PC, Ray Beckerman, Morlan Ty Rogers, New Attorney: Gary Adelman, Meister Seelig & Fein LLP Statement pursuant to Rule 1.4 in support of previously submitted stipulation. Use the event type Declaration (non-motion) found under the event list Other Answers. (ldi) | |
| April 23, 2012 | 34 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Substitute Attorney. Old Attorney: Ray Beckerman, PC, Ray Beckerman, Morlan Ty Rogers, New Attorney: Gary Adelman, Meister Seelig & Fein LLP Statement pursuant to Rule 1.4 in support of previously submitted stipulation. Document filed by Redigi Inc..(Beckerman, Ray) Modified on 4/24/2012 (ldi). |
| April 23, 2012 | 33 | ORDER: The Court is in receipt of a submission from counsel for Defendant ReDigi, Inc. seeking to substitute Meister Seelig & Fein LLP for Ray Beckerman, P.C. as Defendant's attorneys of record. Local Civil Rule 1.4, which governs the withdrawal or displacement of attorney of record, dictates that "[a]n attorney who has appeared as attorney of record for a party may be relieved or displaced only by order of the Court and may not withdraw from a case without leave of the Court granted by order." Accordingly, IT IS HEREBY ORDERED THAT Defendant's request is denied. If Defendant intends to make another such request, it shall follow Local Civil Rule 1.4. (Signed by Judge Richard J. Sullivan on 4/23/201) (djc) |
| April 23, 2012 | 32 | NOTICE OF APPEARANCE by Gary Philip Adelman on behalf of Redigi Inc. (Adelman, Gary) |
| February 15, 2012 | 31 | CASE MANAGEMENT PLAN AND SCHEDULING ORDER:All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. § 636(c). This case is not to be tried to a jury. All fact discovery is to be completed no later than May 21, 2012. Depositions shall be completed by May 21, 2012. Both sides' moving papers to be filed by June 20, 2012. Both sides' opposition papers to be filed by July 11, 2012. Both sides' reply papers to be filed by July 19, 2012. The Court will conduct oral argument on Friday, August 17, 2012 at 9:30 a.m. Parties have conferred and their present best estimate of the length of trial is three (3) days. (Signed by Judge Richard J. Sullivan on 2/14/2012) (mro) |
| February 15, 2012 | 30 | ORDER: The Court is in receipt of letters from both Plaintiff and Defendant, each dated February 14, 2012, regarding the parties' proposed Case Management Plan. In its letter, Defendant suggests "establish[ing] a firm, publicly known, deadline for the filing of amicus curiae motions [in connection with the parties' summary judgment motions]" and "dispens[ing] with pre-motion conferences for those motions." Plaintiff opposes Defendant's requests. Because Defendant has not demonstrated any facts to overcome the Court's conclusion, as stated in an Order dated February 1, 2012, that the parties are fully capable of raising issues that third parties would raise in amicus curiae briefs and have every incentive to do so, Defendant's requests ARE HEREBY DENIED. The parties' proposed Case Management Plan, as modified by the Court, is set forth in a separate Order. (Signed by Judge Richard J. Sullivan on 2/14/2012) (mro) |
| February 14, 2012 | 29 | ORDER: The Court is in receipt of a letter from Defendant dated February 11, 2012, informing the Court that Rdio, Inc., has terminated Defendant's access to its site and requesting a pre-motion conference in connection with Defendant's contemplated motion for a temporary restraining order and preliminary injunction "towards reinstatement of the Rdio licenses, and for leave to amend the answer to include counterclaim(s)." Defendant's letter-which is barely four sentences long-offers no legal theory or authority whatsoever as a basis for this Court to enjoin a third party from terminating its contractual relationship with Defendant. Accordingly, absent a further submission setting forth the legal bases for its contemplated motion, Defendant's request for a pre-motion conference is HEREBY DENIED. (Signed by Judge Richard J. Sullivan on 2/13/2012) (mro) |
| February 9, 2012 | 28 | NOTICE OF CHANGE OF ADDRESS by Morlan Ty Rogers on behalf of Redigi Inc.. New Address: Ray Beckerman, P.C., 108-18 Queens Blvd., 4th Floor, Forest Hills, NY, USA 11375, (718) 793-4903. (Rogers, Morlan) |
| February 9, 2012 | 27 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 2/6/12 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) |
| February 9, 2012 | 26 | TRANSCRIPT of Proceedings re: Argument held on 2/6/2012 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Michael McDaniel, (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 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012.(McGuirk, Kelly) |
| February 6, 2012 | 25 | ORDER. Plaintiff's motion for a preliminary injunction is HEREBY DENIED. As directed by the Court at today's conference, IT IS HEREBY ORDERED THAT, by Monday, February 20, 2012 at 4:00 p.m., the parties shall submit a proposed case management plan and scheduling to my chambers as further set forth in this order. (Signed by Judge Richard J. Sullivan on 2/6/2012) (rjm) |
| February 1, 2012 | 24 | ORDER. The Court is in receipt of a letter from counsel for non-party Google Inc. dated February 1, 2012, which seeks leave to file an amicus curiae brief "in order to highlight the importance of the copyright law questions Plaintiff's pending preliminary injunction motion raises." Because the Court believes that the parties are fully capable of raising these issues themselves- and have every incentive to do just that Google Inc.'s request is HEREBY DENIED. (Signed by Judge Richard J. Sullivan on 2/1/2012) (rjm) |
| February 1, 2012 | 23 | DECLARATION of ALASDAIR J. MCMULLAN in Support. Document filed by Capitol Records, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mandel, Richard) |
| February 1, 2012 | 22 | DECLARATION of MARK PIIBE in Support. Document filed by Capitol Records, LLC. (Mandel, Richard) |
| February 1, 2012 | 21 | REPLY MEMORANDUM OF LAW in Support of Plaintiff's Motion for Preliminary Injunction. Document filed by Capitol Records, LLC. (Mandel, Richard) |
| January 27, 2012 | 20 | DECLARATION of RAY BECKERMAN in Opposition. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit A - iTunes Terms & Conditions, # 2 Exhibit B - Capitol Records Admissions at Oral Argument of MGM v Grokster March 29, 2005, excerpt, # 3 Exhibit C - Nielsen Billboard Report for 2011, January 5, 2012, excerpt, # 4 Exhibit D - Steve Jobs: The Rolling Stone Interview, Rolling Stone Magazine December 3, 2003, excerpt)(Beckerman, Ray) |
| January 27, 2012 | 19 | MEMORANDUM OF LAW in Support of Motion for a Preliminary Injunction. Document filed by Capitol Records, LLC. (Mandel, Richard) |
| January 27, 2012 | 18 | DECLARATION of Richard S. Mandel in Support. Document filed by Capitol Records, LLC. (Mandel, Richard) |
| January 27, 2012 | 17 | DECLARATION of Alasdair J. McMullan in Support. Document filed by Capitol Records, LLC. (Attachments: # 1 Exhibit 1 Part 1, # 2 Exhibit 1 Part 2, # 3 Exhibit 1 Part 3, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Mandel, Richard) |
| January 27, 2012 | 16 | DECLARATION of LARRY RUDOLPH in Opposition. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit A - Curriculum Vitae, # 2 Exhibit B - Patent Application Abstract)(Beckerman, Ray) |
| January 27, 2012 | 15 | DECLARATION of JOHN OSSENMACHER in Opposition. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit A - Cloud Storage Articles, # 2 Exhibit B - Rdio Agreements, # 3 Exhibit C - ReDigi Terms & Conditions Par 5 (c))(Beckerman, Ray) |
| January 27, 2012 | 14 | MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for Preliminary Injunction. Document filed by Redigi Inc.. (Beckerman, Ray) |
| January 27, 2012 | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Morlan Ty Rogers to RE-FILE Document 10 Declaration in Opposition to Motion, 11 Declaration in Opposition to Motion, 12 Declaration in Opposition to Motion, 13 Memorandum of Law in Opposition to Motion. ERROR(S): Documents linked to filing error. Re-File using the event types: Declaration in Opposition (non-motion) and Memorandum of Law in Opposition (non-motion), both found under the event list Other Answers. (ldi) | |
| January 27, 2012 | 13 | FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 8 MOTION for Preliminary Injunction Order to Show Cause. Document filed by Redigi Inc. (Rogers, Morlan) Modified on 1/27/2012 (ldi). |
| January 27, 2012 | 12 | FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Ray Beckerman in Opposition re: 8 MOTION for Preliminary Injunction Order to Show Cause. Document filed by Redigi Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rogers, Morlan) Modified on 1/27/2012 (ldi). |
| January 27, 2012 | 11 | FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Larry Rudolph (aka Lawrence S. Rogel in Opposition re: 8 MOTION for Preliminary Injunction Order to Show Cause.. Document filed by Redigi Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rogers, Morlan) Modified on 1/27/2012 (ldi). |
| January 27, 2012 | 10 | FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of John Ossenmacher in Opposition re: 8 MOTION for Preliminary Injunction Order to Show Cause. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rogers, Morlan) Modified on 1/27/2012 (ldi). |
| January 26, 2012 | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Richard Stephen Mandel to RE-FILE Document 9 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. Re-File using the event type Memorandum of Law in Support (non-motion) found under the event list Other Answers. (ldi) | |
| January 26, 2012 | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Richard Stephen Mandel to MANUALLY RE-FILE Document No. 8 Order To Show Cause, with the Orders and Judgments Department. This document is NOT filed via ECF. NOTE: The Declarations (with exhibits) may be electronically filed using the event type Declaration in Support (non-motion) found under Other Answers. (ldi) | |
| January 26, 2012 | 9 | FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 8 MOTION for Preliminary Injunction Order to Show Cause.. Document filed by Capitol Records, LLC. (Attachments: # 1 Certificate of Service)(Mandel, Richard) Modified on 1/27/2012 (ldi). |
| January 26, 2012 | 8 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Preliminary Injunction Order to Show Cause. Document filed by Capitol Records, LLC. (Attachments: # 1 Declaration of Alasdair J. McMullen, # 2 Exhibit 1 Part 1 of McMullen Declaration, # 3 Exhibit 1 Part 2 of McMullen Declaration, # 4 Exhibit 1 Part 3 of McMullen Declaration, # 5 Exhibit 2 of McMullen Declaration, # 6 Exhibit 3 of McMullen Declaration, # 7 Exhibit 4 of McMullen Declaration, # 8 Exhibit 5 of McMullen Declaration, # 9 Exhibit 6 of McMullen Declaration, # 10 Exhibit 7 of McMullen Declaration, # 11 Declaration of Richard S. Mandel, # 12 Certificate of Service)(Mandel, Richard) Modified on 1/27/2012 (ldi). |
| January 20, 2012 | 7 | ORDER: that Plaintiff submit a response to Defendant's pre-motion letter no later than January 24, 2012. The Court also received a submission from Plaintiff on January 20, 2012, requesting a preliminary injunction to prevent Defendant from alleged infringement of Capitol's copyrighted sound recordings and album artwork. After conferring with the parties, the Court HEREBY ORDERS that Defendant shall submit a response to Plaintiff's request no later than 4:00 p.m. on Friday, January 27, 2012. Plaintiff's reply, if any, shall be submitted no later than 4:00 p.m. on Wednesday, February 1, 2012. The parties shall appear for a hearing on Plaintiff's request on Monday, February 6, 2012. At the hearing, the Court will also address Defendant's contemplated motion for summary judgment. (Signed by Judge Richard J. Sullivan on 1/20/2012) (cd) |
| January 19, 2012 | 6 | ANSWER to 1 Complaint. Document filed by Redigi Inc..(Rogers, Morlan) |
| January 19, 2012 | 5 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Redigi Inc..(Rogers, Morlan) |
| January 10, 2012 | 4 | NOTICE OF APPEARANCE by Morlan Ty Rogers on behalf of Redigi Inc. (Rogers, Morlan) |
| January 9, 2012 | 3 | NOTICE OF APPEARANCE by Ray Beckerman on behalf of Redigi Inc. (Beckerman, Ray) |
| January 9, 2012 | 2 | SUMMONS RETURNED EXECUTED Summons and Complaint served. Redigi Inc. served on 1/6/2012, answer due 1/27/2012. Service was accepted by John Ossenmacher - President. Document filed by Capitol Records, LLC. (Mandel, Richard) |
| January 6, 2012 | Mailed notice to Register of Copyrights to report the filing of this action. (ama) | |
| January 6, 2012 | Case Designated ECF. (ama) | |
| January 6, 2012 | Magistrate Judge Andrew J. Peck is so designated. (ama) | |
| January 6, 2012 | SUMMONS ISSUED as to Redigi Inc. (ama) | |
| January 6, 2012 | 1 | COMPLAINT against Redigi Inc. (Filing Fee $ 350.00, Receipt Number 6197)Document filed by Capitol Records, LLC.(ama) |
Docket Report Last Updated: May 25, 2013 00:52:57 PDT
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| Plaintiff: Capitol Records, LLC | |
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| Represented By: Robert William Clarida, Jonathan Zachary King and Richard Stephen Mandel | |
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| Defendant: Redigi Inc. | |
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| Represented By: Ray Beckerman and Morlan Ty Rogers | |
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