Capitol Records, LLC v. Redigi Inc. Featured Case

Is it legal to resell used mp3 files?

Defendant: Redigi Inc.
Plaintiff: Capitol Records, LLC
 
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: Copyrights
Cause of Action: 17:101
Jury Demanded By: None

Docket Report

We have record of the following docket entries for this case:
Date Filed#Document Text
September 30, 2014 153 MEMORANDUM OF LAW in Opposition re: 149 MOTION for Reconsideration re; 148 Memorandum & Opinion,,, Notice of Motion of Individual Defendants' Motion for Reconsideration. . Document filed by Capitol Records, LLC. (Mandel, Richard)
September 22, 2014 152 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Richard S. Mandel dated 9/19/14 re: The parties acknowledge that, given the differences in their views, they may not be able to resolve all discovery and related disputes. However, they collectively believe that they will be in a better position to present a narrowed set of issues to the Court if they first devote their efforts to resolving as many by agreement as possible. ENDORSEMENT: The parties shall submit an updated joint letter detailing the status of any remaining discovery disputes by October 22, 2014. (Signed by Judge Richard J. Sullivan on 9/22/2014) (mro)
September 16, 2014 151 ANSWER to 118 Amended Complaint with JURY DEMAND. Document filed by John Ossenmacher, Larry Rudolph.(Giddings, Nathaniel)
September 16, 2014 150 MEMORANDUM OF LAW in Support re: 149 MOTION for Reconsideration re; 148 Memorandum & Opinion,,, Notice of Motion of Individual Defendants' Motion for Reconsideration. Memorandum of Law in Support of Individual Defendants' Motion for Reconsideration. Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Certificate of Service)(Giddings, Nathaniel)
September 16, 2014 149 MOTION for Reconsideration re; 148 Memorandum & Opinion,,, Notice of Motion of Individual Defendants' Motion for Reconsideration. Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Certificate of Service)(Giddings, Nathaniel)
September 2, 2014 148 Featured Case OPINION AND ORDER re: 126 MOTION to Dismiss Notice of Individual Defendants' Motion to Dismiss the First Amended Complaint filed by Larry Rudolph, John Ossenmacher. For the reasons stated above, IT IS HEREBY ORDERED THAT the Individual Defendants' motion to dismiss the First Amended Complaint is DENIED. The Clerk of the Court is respectfully directed to terminate the motion at Doc. No. 126. IT IS FURTHER ORDERED THAT the parties shall submit a joint letter no later than September 19, 2014, advising the Court of the need for additional discovery and whether the parties contemplate post-discovery motions for summary judgment as to the Individual Defendants. (Signed by Judge Richard J. Sullivan on 9/2/2014) (mro)
December 23, 2013 147 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/2/13 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...(Rodriguez, Somari)
December 23, 2013 146 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/2/2013 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Steven Griffing, (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 1/16/2014. Redacted Transcript Deadline set for 1/27/2014. Release of Transcript Restriction set for 3/27/2014.(Rodriguez, Somari)
December 3, 2013 145 Featured Case ORDER: As discussed at today's conference, all formal discovery obligations are HEREBY STAYED until the Court's resolution of the pending motion to dismiss. The parties may, however, proceed with voluntary discovery. Furthermore, the parties shall not submit any pre-motion letters or file any further motions until the Court rules on the motion to dismiss. SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/02/2013) (ama)
December 2, 2013 Minute Entry for proceedings held before Judge Richard J. Sullivan: Discovery Hearing held on 12/2/2013. Richard Mandel and Jonathan King were present for Plaintiff Capitol Records. Gary Adelman and Sarah Matz were present for Defendant ReDigi. James Pizzirusso was present for Defendants John Ossenmacher and Larry Rudolph. Court reporter was present. The parties argued the discovery issues pending before the Court. The Court ordered that all discovery obligations be stayed until the resolution of the pending motion to dismiss. (sc)
November 22, 2013 144 Featured Case ORDER: that, because there are pending discovery disputes before the Court, the post-discovery conference scheduled for today at 2:30 p.m. is canceled. The parties shall appear at the conference scheduled for December 2, 2013 at 5:30 p.m. (Status Conference set for 12/2/2013 at 05:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 11/22/2013) (tn)
November 21, 2013 143 Featured Case ORDER: IT IS HEREBY ORDERED that the parties shall appear for a status conference on Monday, December 2, 2013, at 5:30 p.m. The parties shall be prepared to discuss whether Defendants John Ossenmacher and Larry Rudolph should be permitted to seek discovery for legal defenses that could have been raised, but were not, by Defendant ReDigi. (Status Conference set for 12/2/2013 at 05:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 11/20/2013) (rsh)
November 18, 2013 142 Featured Case ORDER. Upon the receipt of the Declaration of Richard Grabel, dated November 13, 2013, submitted pursuant to Local Civil Rule 1.4, Davis Shapiro & Lewit LLP's motion to withdraw as counsel for defendant ReDigi, Inc., is granted. (Signed by Judge Richard J. Sullivan on 11/18/2013) (rjm)
November 12, 2013 141 NOTICE OF APPEARANCE by Gary Philip Adelman on behalf of Redigi Inc.. (Adelman, Gary)
November 12, 2013 140 NOTICE OF APPEARANCE by Sarah Michal Matz on behalf of Redigi Inc.. (Matz, Sarah)
November 11, 2013 139 NOTICE OF CHANGE OF ADDRESS by Sarah Michal Matz on behalf of Redigi Inc.. New Address: Adelman Matz P.C., 1173A Second Avenue, Ste 153, New York, New York, United States of America 10065, (646) 650-2207. (Matz, Sarah)
November 11, 2013 138 NOTICE OF CHANGE OF ADDRESS by Gary Philip Adelman on behalf of Redigi Inc.. New Address: Adelman Matz P.C., 1173A Second Avenue, Ste 153, New York, New York, United States of America 10065, (646) 650-2207. (Adelman, Gary)
October 18, 2013 137 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of Individual Defendants Motion to Dismiss Plaintiffs First Amended Complaint. Document filed by John Ossenmacher, Larry Rudolph. (Gassman, Seth)
October 18, 2013 136 REPLY MEMORANDUM OF LAW in Support re: 126 MOTION to Dismiss Notice of Individual Defendants' Motion to Dismiss the First Amended Complaint.. Document filed by John Ossenmacher, Larry Rudolph. (Gassman, Seth)
October 17, 2013 135 Featured Case ORDER FOR ADMISSION PRO HAC VICE: granting 130 Motion for Nathaniel Christian Giddings to Appear Pro Hac Vice. The motion of Nathaniel Christian Giddings, for admission to practice Pro Hac Vice in the above captioned action is granted.(Signed by Judge Richard J. Sullivan on 10/17/2013) (ama)
October 17, 2013 134 Featured Case ORDER FOR ADMISSION PRO HAC VICE: granting 125 Motion for James Joseph Pizzirusso to Appear Pro Hac Vice. The motion of James Joseph Pizzirusso for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Richard J. Sullivan on 10/17/2013) (ama)
October 4, 2013 133 MEMORANDUM OF LAW in Opposition re: 126 MOTION to Dismiss Notice of Individual Defendants' Motion to Dismiss the First Amended Complaint.. Document filed by Capitol Records, LLC. (Mandel, Richard)
October 2, 2013 132 ACKNOWLEDGMENT OF SERVICE. Larry Rudolph served on 8/30/2013, answer due 9/20/2013. Service was accepted by James J. Pizzirusso. Esq.. Document filed by Capitol Records, LLC. (Mandel, Richard)
October 1, 2013 131 ACKNOWLEDGMENT OF SERVICE. John Ossenmacher served on 8/30/2013, answer due 9/20/2013. Service was accepted by James J. Pizzirusso. Esq.. Document filed by Capitol Records, LLC. (Mandel, Richard)
September 30, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 130 MOTION for Nathaniel Christian Giddings to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8919020. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 30, 2013 130 MOTION for Nathaniel Christian Giddings to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8919020. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Exhibit District of Columbia Certificate of Good Standing, # 2 Exhibit Illinois Certificate of Good Standing, # 3 Text of Proposed Order)(Giddings, Nathaniel)
September 25, 2013 129 Featured Case SECOND AMENDED JOINT CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge. This case is to be tried to a jury, 4 days. Motion to Dismiss due by 9/20/2013. Responses due by 10/4/2013. Replies due by 10/18/2013. Discovery due by 11/8/2013. Post-Discovery Conference set for 11/22/2013 at 02:30 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 9/24/2013) (cd)
September 20, 2013 128 CERTIFICATE OF SERVICE of Notice of Individual Defendants' Motion to Dismiss the First Amended Complaint; Memorandum of Law in Support of Individual Defendants' Motion to Dismiss the First Amended Complaint. Document filed by John Ossenmacher, Larry Rudolph. (Gassman, Seth)
September 20, 2013 127 MEMORANDUM OF LAW in Support re: 126 MOTION to Dismiss Notice of Individual Defendants' Motion to Dismiss the First Amended Complaint.. Document filed by John Ossenmacher, Larry Rudolph. (Gassman, Seth)
September 20, 2013 126 MOTION to Dismiss Notice of Individual Defendants' Motion to Dismiss the First Amended Complaint. Document filed by John Ossenmacher, Larry Rudolph.(Gassman, Seth)
September 19, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 125 MOTION for James Joseph Pizzirusso to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 19, 2013 125 MOTION for James Joseph Pizzirusso to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Exhibit DC Certificate of Good Standing, # 2 Exhibit VA Certificate of Good Standing, # 3 Text of Proposed Order)(Pizzirusso, James)
September 19, 2013 124 Featured Case ORDER: Accordingly, IT IS HEREBY ORDERED THAT Defendants John Ossenmacher and Larry Rudolph shall submit their motion(s) to dismiss pursuant to Fed. R. Civ. P.12(b)(6) no later than September 20, 2013; Plaintiff shall respond no later than October 4, 2013; and Defendants shall reply no later than October 18, 2103. Parties shall not file pre-motion letters in connection with this motion to dismiss. IT IS FURTHER ORDERED THAT discovery will not be stayed pending resolution of the motion and that the parties shall jointly submit to the Court, no later than September 20, 2013, a revised Scheduling Order and Case Management Plan that amends the existing discovery deadlines to allow for the completion of all discovery by November 8, 2013. IT IS FURTHER ORDERED THAT Plaintiff shall not file its motion for summary judgment until the close of discovery and that any such motion shall be preceded by a pre-motion letter in conformity with Rule 2.A of the Court's Individual Practices. SO ORDERED. ( Discovery due by 11/8/2013., Motions due by 9/20/2013., Responses due by 10/4/2013, Replies due by 10/18/2013.) (Signed by Judge Richard J. Sullivan on 9/17/2013) (ama)
September 16, 2013 123 ANSWER to 118 Amended Complaint with JURY DEMAND. Document filed by Redigi Inc..(Adelman, Gary)
September 12, 2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 122 MOTION for James Joseph Pizzirusso to Appear Pro Hac Vice. Filing Fee paid $200.00 receipt number 0208-8864497 Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing.Certificate of Good Standing must be issued from the State Court and not from a State Bar Association. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu) Modified on 9/12/2013 (bcu). Modified on 9/12/2013 (bcu).
September 12, 2013 122 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for James Joseph Pizzirusso to Appear Pro Hac Vice.Filing Fee paid $200.00 receipt number 0208-8864497 Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Ossenmacher, Larry Rudolph. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Pizzirusso, James) Modified on 9/12/2013 (bcu). Modified on 9/12/2013 (bcu).
September 12, 2013 121 NOTICE OF APPEARANCE by Seth Rich Gassman on behalf of Larry Rudolph. (Gassman, Seth)
September 10, 2013 120 Featured Case STIPULATED AMENDED PROTECTIVE ORDER GOVERNING THE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... with attached 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 110, 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 9/10/2013) (rjm)
September 6, 2013 119 NOTICE OF APPEARANCE by Seth Rich Gassman on behalf of John Ossenmacher. (Gassman, Seth)
August 30, 2013 SUMMONS ISSUED as to John Ossenmacher, Redigi Inc., Larry Rudolph. (ft)
August 30, 2013 118 FIRST AMENDED COMPLAINT amending 1 Complaint against Redigi Inc., John Ossenmacher, Larry Rudolph.Document filed by Capitol Records, LLC. Related document: 1 Complaint filed by Capitol Records, LLC.(ft)
August 30, 2013 117 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/9/13 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...(Rodriguez, Somari)
August 30, 2013 116 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/9/2013 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Patricia Nilsen, (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 9/23/2013. Redacted Transcript Deadline set for 10/3/2013. Release of Transcript Restriction set for 12/5/2013.(Rodriguez, Somari)
August 9, 2013 Minute Entry for proceedings held before Judge Richard J. Sullivan: Status Conference held on 8/9/2013. Attorneys Richard Mandel and Jonathan King were present for Plaintiff. Attorneys Gary Adelman and Sarah Matz were present for Defendant. The Court granted leave to amend the complaint no later than 8/30/13. The Court also ordered the parties to submit a letter no later than 9/16/13 advising the Court of the next anticipated steps in this action, including Plaintiff's intent to file a motion for summary judgment on the question of individual Defendants' liability, and the anticipated length of and preferred dates for trial. Court reporter was present. (sc)
June 21, 2013 114 Featured Case ORDER: Accordingly, the Court sees no advantage in further delaying this action. Defendants' motion to certify the Memorandum and Order for interlocutory appeal is DENIED. The parties are HEREBY ORDERED to adhere to the discovery schedule entered in this action. SO ORDERED. (Signed by Judge Richard J. Sullivan on 6/20/2013) (ama)
June 14, 2013 113 NOTICE OF APPEARANCE by Sarah Michal Matz on behalf of Redigi Inc. (Matz, Sarah)
June 7, 2013 Mediator Session Held on 06/04/2013 at Mediator's Office.(ms)
May 30, 2013 MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 6/4/13, 11:30AM at Mediator's Office.(ms)
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 Featured Case 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 Featured Case 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 http://www.nysd.uscourts.gov/cases/show.php?db=judge_info&id=347. 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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 Featured Case 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)

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Defendant: Redigi Inc.
Represented By: Ray Beckerman
Represented By: Morlan Ty Rogers
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Plaintiff: Capitol Records, LLC
Represented By: Jonathan Zachary King
Represented By: Robert William Clarida
Represented By: Richard Stephen Mandel
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