Hutson et al v. The Estate of Christopher Wallace et al
| Lee Hutson individually and doing business as Silent Giant Publishing Company |
| UMG Recordings, Inc., EMI April Music, Inc., Osten Harvey, Jr., Notorious B.I.G., LLC, The Estate of Christopher Wallace individually and doing business as Big Poppa Music, Universal Music Group, Inc., Warner Music Group Corp., Bad Boy Entertainment, Inc. individually and doing business as Bad Boy Records, Big Poppa Music, EMI Music Publishing, Inc. and Janice Combs Publishing, Inc. |
| 1:2014cv02307 |
| April 2, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Richard J Sullivan |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 14, 2016. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 55 MANDATE of USCA (Certified Copy) as to #54 Notice of Appeal, filed by Lee Hutson. USCA Case Number 16-0198....that the appeal is hereby WITHDRAWN pursuant to Rule 42 of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/14/2016. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #54 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #54 Notice of Appeal, filed by Lee Hutson were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 54 NOTICE OF APPEAL from #53 Clerk's Judgment, #51 Memorandum & Opinion,,. Document filed by Lee Hutson. Filing fee $ 505.00, receipt number 0208-11860318. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A, #2 Exhibit B)(Motta, Anthony) |
| Filing 53 CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated December 22, 2015, Defendants' motion to dismiss is granted and Plaintiff's request for leave to amend is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/31/2015) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt) |
| Transmission to Judgments and Orders Clerk. Transmitted re: #51 Memorandum & Opinion to the Judgments and Orders Clerk. (adc) |
| Filing 52 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 12/21/2015 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (adc) |
Filing 51
OPINION AND ORDER re: #36 MOTION to Dismiss Complaint filed by Notorious B.I.G., LLC, Bad Boy Entertainment, Inc., The Estate of Christopher Wallace, EMI Music Publishing, Inc., EMI April Music, Inc., Janice Combs Publishing, Inc., Warner Music Group Corp., Big Poppa Music. For the reasons stated above, IT IS HEREBY ORDERED THAT Defendants' motion to dismiss is GRANTED. IT IS FURTHER ORDERED THAT Plaintiff's request for leave to amend is DENIED. The Clerk of the Court is respectfully directed to terminate the motion located at docket number 36 and to close this case. SO ORDERED. (As further set forth in this Order.) (Signed by Judge Richard J. Sullivan on 12/21/2015) (adc)
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| Terminate Transcript Deadlines. (adc) |
| Filing 50 JOINDER to join re: #49 Reply Memorandum of Law in Support of Motion, . Document filed by UMG Recordings, Inc..(Bart, Andrew) |
| Filing 49 REPLY MEMORANDUM OF LAW in Support re: #36 MOTION to Dismiss Complaint. . Document filed by Bad Boy Entertainment, Inc., Big Poppa Music, EMI April Music, Inc., Janice Combs Publishing, Inc., Notorious B.I.G., LLC, Warner Music Group Corp.. (Riordan, Staci) |
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Filing 48
MEMO ENDORSEMENT on re: #47 Letter, filed by Notorious B.I.G., LLC, Big Poppa Music. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/21/2014) (mro)
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| Filing 47 LETTER addressed to Judge Richard J. Sullivan from Staci Jennifer Riordan, Esq. dated October 15, 2014 re: Change of Firm Address and to respectfully request that Christopher Robert Kinkade, Esq., Ernest Edward Badway, Esq., and Ryan North Miller, Esq., be terminated as attorneys to be noticed via ECF for this case. Document filed by Big Poppa Music, Notorious B.I.G., LLC.(Riordan, Staci) |
| Filing 46 NOTICE OF APPEARANCE by Seth Lawrence Berman on behalf of Big Poppa Music, Notorious B.I.G., LLC. (Berman, Seth) |
| Filing 45 NOTICE OF CHANGE OF ADDRESS by Staci J. Riordan on behalf of Big Poppa Music, Notorious B.I.G., LLC. New Address: Nixon Peabody LLP, Gas Company Tower, 555 West Fifth St., 46th Floor, Los Angeles, California, 90013-1010, (213) 629-6000. (Riordan, Staci) |
| Filing 44 DECLARATION of Lee Hutson in Opposition re: #36 MOTION to Dismiss Complaint.. Document filed by Lee Hutson. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4 Part 1, #5 Exhibit Exhibit 4 Part 2, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11 Part 1, #13 Exhibit Exhibit 11 Part 2, #14 Exhibit Exhibit 12, #15 Exhibit Exhibit 13)(Clarke, Alan) |
| Filing 43 DECLARATION of Alan S. Clarke in Opposition re: #36 MOTION to Dismiss Complaint.. Document filed by Lee Hutson. (Clarke, Alan) |
| Filing 42 MEMORANDUM OF LAW in Opposition re: #36 MOTION to Dismiss Complaint. . Document filed by Lee Hutson. (Clarke, Alan) |
| Filing 41 JOINDER to join re: #36 MOTION to Dismiss Complaint. . Document filed by UMG Recordings, Inc..(Bart, Andrew) |
| Filing 40 NOTICE OF APPEARANCE by Christine In Kyung Lee on behalf of UMG Recordings, Inc.. (Lee, Christine) |
| Filing 39 NOTICE OF APPEARANCE by Andrew Harrison Bart on behalf of UMG Recordings, Inc.. (Bart, Andrew) |
| Filing 38 MEMORANDUM OF LAW in Support re: #36 MOTION to Dismiss Complaint. . Document filed by Bad Boy Entertainment, Inc., Big Poppa Music, EMI April Music, Inc., EMI Music Publishing, Inc., Janice Combs Publishing, Inc., Notorious B.I.G., LLC, The Estate of Christopher Wallace, Warner Music Group Corp.. (Badway, Ernest) |
| Filing 37 DECLARATION of Ernest E. Badway in Support re: #36 MOTION to Dismiss Complaint.. Document filed by Bad Boy Entertainment, Inc., Big Poppa Music, EMI April Music, Inc., EMI Music Publishing, Inc., Janice Combs Publishing, Inc., Notorious B.I.G., LLC, The Estate of Christopher Wallace, Warner Music Group Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Badway, Ernest) |
| Filing 36 MOTION to Dismiss Complaint. Document filed by Bad Boy Entertainment, Inc., Big Poppa Music, EMI April Music, Inc., EMI Music Publishing, Inc., Janice Combs Publishing, Inc., Notorious B.I.G., LLC, The Estate of Christopher Wallace, Warner Music Group Corp..(Badway, Ernest) |
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Filing 35
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Carla M. Miller dated 9/4/2014 re: Counsel to defendant UMG Recordings, Inc. requests a brief additional extension of UMG Recordings, Inc.'s time to respond to the First Amended Complaint up to and including September 26, 2014. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/4/2014) (tn)
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| Set/Reset Deadlines: UMG Recordings, Inc. answer due 9/26/2014. (tn) Modified on 9/5/2014 (tn). |
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Filing 34
ORDER FOR ADMISSION PRO HAC VICE granting #33 Motion for Staci Jennifer Riordan to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 8/27/2014) (ajs)
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| Filing 33 AMENDED MOTION for Staci Jennifer Riordan to Appear Pro Hac Vice with Certificate of Good Standing from Supreme Court of California. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bad Boy Entertainment, Inc., Big Poppa Music, EMI April Music, Inc., Janice Combs Publishing, Inc., Notorious B.I.G., LLC, The Estate of Christopher Wallace, Universal Music Group, Inc., Warner Music Group Corp.. (Attachments: #1 Certificate of Good Standing from Supreme Court of California, #2 Text of Proposed Order)(Riordan, Staci) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 AMENDED MOTION for Staci Jennifer Riordan to Appear Pro Hac Vice with Certificate of Good Standing from Supreme Court of California. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #32 MOTION for Staci Jennifer Riordan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9983176. Motion and supporting papers to be reviewed by Clerk's Office staff.. Certificate of Good Standing Must be issued from Supreme Court of California with a Clerk of Court Signature. 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. (wb) |
| Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Staci Jennifer Riordan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9983176. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bad Boy Entertainment, Inc., Big Poppa Music, EMI April Music, Inc., Janice Combs Publishing, Inc., Notorious B.I.G., LLC, The Estate of Christopher Wallace, Universal Music Group, Inc., Warner Music Group Corp.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Riordan, Staci) Modified on 8/11/2014 (wb). |
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Filing 31
ORDER: IT IS HEREBY ORDERED THAT Defendants shall file their contemplated motion to dismiss no later than September 5, 2014, and Plaintiff shall file his response no later than October 3, 2014. IT IS FURTHER ORDERED THAT Defendants' reply, if any, shall be filed no later than October 24, 2014. (Signed by Judge Richard J. Sullivan on 7/31/2014) (ajs)
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| Filing 30 LETTER addressed to Judge Richard J. Sullivan from Alan S. Clarke dated July 25, 2014 re: Proposal for next steps. Document filed by Lee Hutson.(Clarke, Alan) |
| Filing 29 LETTER addressed to Judge Richard J. Sullivan from Ernest Edward Badway dated July 18, 2014 re: Status of C.D. Cal. Action. Document filed by Notorious B.I.G., LLC. (Attachments: #1 Enclosure - Opinion from C.D. Cal.)(Badway, Ernest) |
| Filing 28 NOTICE OF APPEARANCE by Ryan North Miller on behalf of The Estate of Christopher Wallace. (Miller, Ryan) |
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Filing 27
ORDER: IT IS HEREBY ORDERED THAT, in the interest of judicial economy, the New York Action shall be STAYED pending resolution of the motion in the California Action. IT IS FURTHER ORDERED THAT, upon resolution of the motion in the California Action, the parties shall submit a joint letter to this Court proposing the next steps contemplated in this action. (Signed by Judge Richard J. Sullivan on 6/2/2014) (cd)
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Filing 26
STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT: It is hereby stipulated and agreed by and among the parties hereto and their undersigned counsel that the time within which Defendant UMG Recordings, Inc., shall answer, move or otherwise respond to the complaint in this matter shall be extended up to and including June 16, 2014. So Ordered. (Signed by Judge Richard J. Sullivan on 5/29/2014) (ajs)
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| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/13/14 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) |
| Filing 24 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/13/2014 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/23/2014. Redacted Transcript Deadline set for 7/3/2014. Release of Transcript Restriction set for 9/2/2014.(Rodriguez, Somari) |
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Filing 23
ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for Alan S. Clarke to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 5/20/2014) (mro)
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| Filing 22 AMENDED MOTION for Alan S. Clarke to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lee Hutson. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Supplement Certificate of Good Standing)(Clarke, Alan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 AMENDED MOTION for Alan S. Clarke 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) |
| Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint,. Osten Harvey, Jr. served on 4/26/2014, answer due 5/19/2014. Service was accepted by Patrick Harvey. Document filed by Lee Hutson. (Motta, Anthony) |
| Filing 20 CERTIFICATE OF SERVICE of First Amended Complaint served on Osten Harvey Jr. on 05/15/2014. Service was made by Mail. Document filed by Lee Hutson. (Motta, Anthony) |
| Filing 19 FIRST AMENDED COMPLAINT amending #2 Complaint, against Bad Boy Entertainment, Inc., Big Poppa Music, EMI April Music, Inc., Osten Harvey, Jr., Janice Combs Publishing, Inc., Notorious B.I.G., LLC, Universal Music Group, Inc., Warner Music Group Corp. with JURY DEMAND.Document filed by Lee Hutson. Related document: #2 Complaint, filed by Lee Hutson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Motta, Anthony) |
| Minute Entry for proceedings held before Judge Richard J. Sullivan: Initial Pretrial Conference and Pre-Motion Conference were held on 5/13/2014. Plaintiffs' counsel, Alan Clark, was present. Defense counsel, Christopher Kinkade and Ernest Badway, were present. The court reporter was present. The Court reserved decision regarding the defendants' contemplated motion to transfer or alternative motion to dismiss. The Court will issue a separate Order indicating whether this case will be stayed or proceed with a case management plan and a briefing schedule. The defendants shall e-mail the case management plan issued in the pending CACD case. (sc) |
| Filing 18 CERTIFICATE OF SERVICE of Order dated April 10, 2014 served on Universal Music Group, Inc. on 04/11/2014. Service was accepted by Kathleen Sirchia. Document filed by Lee Hutson. (Motta, Anthony) |
| Filing 17 LETTER addressed to Judge Richard J. Sullivan from Anthony Motta dated April 28, 2014 re: Response to Pre-motion letter of Ernest Edward Badway dated April 23, 2014. Document filed by Lee Hutson.(Motta, Anthony) |
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Filing 16
ORDER: The initial status conference, scheduled for May 13, 2014, at 11:30 a.m., will also serve as a pre-motion conference for Defendants' contemplated motions. Pre-Motion Conference set for 5/13/2014 at 11:30 AM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 4/24/2014) (cd)
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| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Alan S. Clarke to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lee Hutson. (Attachments: #1 Supplement Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(Clarke, Alan) Modified on 4/24/2014 (bcu). |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Alan S. Clarke to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9596774. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lee Hutson.(Clarke, Alan) Modified on 4/24/2014 (sdi). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #14 MOTION for Alan S. Clarke to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9596774. 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. Missing Certificate of Good Standing from the Supreme Court of Georgia with Clerk of Court's Signature. 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. (sdi) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #15 AMENDED MOTION for Alan S. Clarke to Appear Pro Hac Vice. 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 Supreme Court Of Georgia and from the 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) |
| Filing 13 NOTICE OF APPEARANCE by Christopher Robert Kinkade on behalf of Bad Boy Entertainment, Inc., Big Poppa Music, EMI April Music, Inc., Janice Combs Publishing, Inc., Notorious B.I.G., LLC, The Estate of Christopher Wallace, Universal Music Group, Inc., Warner Music Group Corp.. (Kinkade, Christopher) |
| Filing 12 NOTICE OF APPEARANCE by Ernest Edward Badway on behalf of Bad Boy Entertainment, Inc., Big Poppa Music, EMI April Music, Inc., Janice Combs Publishing, Inc., Notorious B.I.G., LLC, The Estate of Christopher Wallace, Universal Music Group, Inc., Warner Music Group Corp.. (Badway, Ernest) |
| Filing 11 LETTER addressed to Judge Richard J. Sullivan from Ernest Edward Badway dated April 23, 2014 re: Request for Pre-Motion Conference for Anticipated Motion to Transfer or, in the Alternative, to Dismiss. Document filed by Bad Boy Entertainment, Inc., Big Poppa Music, EMI April Music, Inc., Janice Combs Publishing, Inc., Notorious B.I.G., LLC, The Estate of Christopher Wallace, Universal Music Group, Inc., Warner Music Group Corp..(Badway, Ernest) |
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Filing 10
ORDER: Initial Conference set for 5/13/2014 at 11:30 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan, and as further set forth in this document. (Signed by Judge Richard J. Sullivan on 4/10/2014) (cd)
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| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,. Universal Music Group, Inc. served on 4/4/2014, answer due 4/25/2014. Service was accepted by Elaina Bob/authorized agent. Document filed by Lee Hutson. (Motta, Anthony) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. Warner Music Group Corp. served on 4/4/2014, answer due 4/25/2014. Service was accepted by Elaina Bob/authorized agent. Document filed by Lee Hutson. (Motta, Anthony) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint,. Notorious B.I.G., LLC served on 4/3/2014, answer due 4/24/2014. Service was accepted by Paul Matthews/authorized agent. Document filed by Lee Hutson. (Motta, Anthony) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint,. EMI Music Publishing, Inc. served on 4/3/2014, answer due 4/24/2014. Service was accepted by Maureen Cogan/authorized agent. Document filed by Lee Hutson. (Motta, Anthony) |
| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint,. EMI April Music, Inc. served on 4/3/2014, answer due 4/24/2014. Service was accepted by Maureen Cogan/authorized agent. Document filed by Lee Hutson. (Motta, Anthony) |
| Filing 4 AFFIDAVIT OF SERVICE. Janice Combs Publishing, Inc. served on 4/3/2014, answer due 4/24/2014. Service was accepted by Chad Matice/authorized agent. Document filed by Lee Hutson. (Motta, Anthony) |
| Filing 3 AFFIDAVIT OF SERVICE of Summons and Complaint,. Bad Boy Entertainment, Inc. served on 4/3/2014, answer due 4/24/2014. Service was accepted by Chad Matice, authorized agent. Document filed by Lee Hutson. (Motta, Anthony) |
| Filing 2 COMPLAINT against Bad Boy Entertainment, Inc., Big Poppa Music, EMI April Music, Inc., EMI Music Publishing, Inc., Osten Harvey, Jr., Janice Combs Publishing, Inc., Notorious B.I.G., LLC, The Estate of Christopher Wallace, Universal Music Group, Inc., Warner Music Group Corp. (Filing Fee $ 350.00, Receipt Number 465401091520)Document filed by Lee Hutson.(lcu) |
| Filing 1 CIVIL COVER SHEET filed. (lcu) |
| Case Designated ECF. (lcu) |
| Magistrate Judge Ronald L. Ellis is so designated. (lcu) |
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