ABS Entertainment, Inc. v. CBS Corporation et al
| Malaco, Inc., Brunswick Record Corporation, ABS Entertainment, Inc. and Barnaby Records, Inc. |
| Does 1-10, CBS Radio Inc. and CBS Corporation |
| iHeartMedia, Inc. and Recording Industry Association of America, Inc. |
| 1:2015cv06801 |
| August 27, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| John G Koeltl |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 155 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 23, 2017, judgment is entered; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/23/2017) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km) |
Filing 154
STIPULATION OF DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii): IT IS HEREBY STIPULATED, by and among Plaintiffs ABS ENTERTAINMENT, INC., BARNABY RECORDS, INC., BRUNSWICK RECORD CORPORATION, and MALACO, INC., and Defendants CBS CORPORATION, and CBS RADIO INC., that all claims in the above-captioned action shall be dismissed with prejudice and that each party shall bear its own costs, expenses and attorneys' fees. The Clerk is directed to enter Judgment and to close this case. So ordered. CBS Corporation (a Delaware corporation) and CBS Radio Inc. (a Delaware corporation) terminated. (Signed by Judge John G. Koeltl on 3/23/2017) (rjm)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #154 Stipulation and Order of Voluntary Dismissal, Add and Terminate Parties to the Judgments and Orders Clerk. (rjm) |
| Terminate Transcript Deadlines (km) |
| Filing 153 NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Tuesday, March 28,2017, at 10:30 am, in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court.For any further information, please contact the Court at (212) 805-010 Pretrial Conference set for 3/28/2017 at 10:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (js) |
| Filing 152 LETTER addressed to Judge John G. Koeltl from Robert M. Schwartz dated February 16, 2017 re: Decision of the Second Circuit Court of Appeals. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit 1)(Schwartz, Robert) |
| Filing 151 LETTER addressed to Judge John G. Koeltl from Marvin A. Miller dated December 21, 2016 re: Opinion from New York Court of Appeals. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc..(Miller, Marvin) |
| Filing 150 LETTER addressed to Judge John G. Koeltl from Robert M. Schwartz dated December 20, 2016 re: Decision. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit Copy of Decision)(Schwartz, Robert) |
| Filing 149 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/12/16 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) |
| Filing 148 TRANSCRIPT of Proceedings re: conference held on 8/12/2016 before Judge John G. Koeltl. Court Reporter/Transcriber: Raquel Robles, (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 10/14/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/22/2016.(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 8/12/2016 re: #80 MOTION for Summary Judgment. Filed by CBS Radio Inc., CBS Corporation, Telephone Conference held on 8/12/2016. (Fletcher, Donnie) |
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Filing 147
ORDER: For the reasons stated on the record at today's conference, the defendants' motion for summary judgment is denied without prejudice to renewal. The Clerk of Court is directed to close all pending motions. The case is stayed pending the decisions of the New York Court of Appeals and the Court of Appeals for the Second Circuit in the Flo & Eddie case. The parties are directed to report back to the Court after the Flo & Eddie case is decided. SO ORDERED., Motions terminated: #80 MOTION for Summary Judgment . filed by CBS Radio Inc., CBS Corporation. (Signed by Judge John G. Koeltl on 8/12/2016) (ama)
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Filing 146
ORDER: Argument on the pending motion for summary judgment is scheduled for August 12, 2016, at 11:30 a.m. Motion Hearing set for 8/12/2016 at 11:30 AM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 8/2/2016) (kgo)
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| Filing 145 BRIEF re: #142 Brief CORRECTED PLAINTIFFS' BRIEF IN RESPONSE TO BRIEF OF AMICUS CURIAE iHEARTMEDIA, INC.. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc..(Hadley, Lawrence) |
| Filing 144 BRIEF re: #142 Brief PLAINTIFFS BRIEF IN RESPONSE TO BRIEF OF AMICUS CURIAE iHEARTMEDIA, INC.. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Attachments: #1 Affidavit SUPPLEMENTAL DECLARATION OF ALAN P. BLOCK RESPONDING TO BRIEF OF AMICUS CURIAE iHEARTMEDIA, INC., #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4)(Block, Alan) |
| Filing 143 BRIEF re: #142 Brief of Amicus Curiae RIAA In Response to Brief of Amicus Curiae iHeartMedia, Inc.. Document filed by Recording Industry Association of America, Inc..(Mandel, Richard) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference held on 7/6/2016. (Fletcher, Donnie) |
| Filing 142 BRIEF re: #125 Brief -- Brief of Amicus Curiae iHeartMedia, Inc.. Document filed by iHeartMedia, Inc..(Gass, Andrew) |
| Filing 141 DECLARATION of Amit Gressel in Support re: #140 Reply. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit 1, #2 Errata 2)(Schwartz, Robert) |
| Filing 140 REPLY re: #125 Brief . Document filed by CBS Corporation, CBS Radio Inc.. (Schwartz, Robert) |
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Filing 139
ORDER FOR ADMISSION PRO HAC VICE granting #132 Motion for James K. Lynch to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 6/27/2016) (rjm)
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Filing 138
ORDER FOR ADMISSION PRO HAC VICE granting #133 Motion for Andrew M. Gass to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 6/27/2016) (rjm)
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Filing 137
MEMO ENDORSEMENT on re: #135 LETTER addressed to Judge John G. Koeltl from Marvin A. Miller dated 6-27-2016 re: July 6, 2016 Conference. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc. ENDORSEMENT: Application granted. Parties should contact the Court's Deputy Clerk, Don Fletcher, to set up a telephone connection - 212-805-0222. So ordered. (Signed by Judge John G. Koeltl on 6/27/2016) (rjm)
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Filing 136
ORDER granting #131 LETTER MOTION for Conference re: #130 Order on Motion for Conference, Letter dated June 27, 2016, from Robert M. Schwartz, Esq., to Judge John G. Koeltl requesting that the July 6, 2016 conference be held as a telephonic conference addressed to Judge John G. Koeltl from Robert M. Schwartz, Esq. dated 06/27/2016. Document filed by CBS Corporation, CBS Radio Inc. Application granted. Parties should contact the Court's deputy clerk, Don Fletcher, to set up the telephone call - 212-805-0222. So ordered. (Signed by Judge John G. Koeltl on 6/27/2016) (rjm) Modified on 6/28/2016 (rjm).
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| Filing 135 LETTER addressed to Judge John G. Koeltl from Marvin A. Miller dated 6-27-2016 re: July 6, 2016 Conference. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc..(Miller, Marvin) |
| Filing 134 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by iHeartMedia, Inc..(Gass, Andrew) |
| Filing 133 MOTION for Andrew M. Gass to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12469318. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by iHeartMedia, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Gass, Andrew) |
| Filing 132 MOTION for James K. Lynch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12469195. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by iHeartMedia, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Lynch, James) |
| Filing 131 LETTER MOTION for Conference re: #130 Order on Motion for Conference, Letter dated June 27, 2016, from Robert M. Schwartz, Esq., to Judge John G. Koeltl requesting that the July 6, 2016 conference be held as a telephonic conference addressed to Judge John G. Koeltl from Robert M. Schwartz, Esq. dated 06/27/2016. Document filed by CBS Corporation, CBS Radio Inc..(Schwartz, Robert) |
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Filing 130
ORDER. A conference is scheduled for Wednesday, July 6, 2016, at 4:30pm. SO ORDERED. The subpoena to Triton Digital is stayed pending the conference. So ordered. Terminating #126 LETTER MOTION for Conference/Letter-Motion for Informal Pre-Motion Discovery Conference addressed to Judge John G. Koeltl from Robert M. Schwartz dated June 23, 2016. Document filed by CBS Corporation, CBS Radio Inc. (Signed by Judge John G. Koeltl on 6/24/2016) (rjm)
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| Set/Reset Hearings: Conference set for 7/6/2016 at 04:30 PM before Judge John G. Koeltl. (rjm) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #133 MOTION for Andrew M. Gass to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12469318. Motion and supporting papers to be reviewed by Clerk's Office staff., #132 MOTION for James K. Lynch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12469195. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 129 LETTER addressed to Judge John G. Koeltl from Alan P. Block dated June 24, 2016 re: Response to Letter-Motion for Informal Pre-Motion Discovery Conference. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc..(Block, Alan) |
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Filing 128
ORDER granting #127 LETTER MOTION to File Amicus Brief addressed to Judge John G. Koeltl from Andrew M. Gass dated June 24, 2016. Document filed by iHeartMedia, Inc. 1. IHeart may file an amicus brief by 6/30/2016. 2. Any party may respond by 7/7/2016. No further amicus briefs. So ordered. (Signed by Judge John G. Koeltl on 6/24/2016) (rjm)
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| Filing 127 LETTER MOTION to File Amicus Brief addressed to Judge John G. Koeltl from Andrew M. Gass dated June 24, 2016. Document filed by iHeartMedia, Inc..(Gass, Andrew) |
| Filing 126 LETTER MOTION for Conference / Letter-Motion for Informal Pre-Motion Discovery Conference addressed to Judge John G. Koeltl from Robert M. Schwartz dated June 23, 2016. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schwartz, Robert) |
| Filing 125 BRIEF of Amicus Curiae. Document filed by Recording Industry Association of America, Inc..(King, Jonathan) |
| Filing 124 NOTICE OF APPEARANCE by Jonathan Zachary King on behalf of Recording Industry Association of America, Inc.. (King, Jonathan) |
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Filing 123
ORDER granting #122 LETTER MOTION to File Amicus Brief addressed to Judge John G. Koeltl from Richard S. Mandel dated June 14, 2016. Document filed by Recording Industry Association of America, Inc. This request to file an amicus brief comes late because the motion is fully briefed. The RIAA may file an amicus brief by 6/22/16. The remaining parties may file a responsive brief by 6/29/16. So ordered. (Signed by Judge John G. Koeltl on 6/15/2016) (rjm)
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| Filing 122 LETTER MOTION to File Amicus Brief addressed to Judge John G. Koeltl from Richard S. Mandel dated June 14, 2016. Document filed by Recording Industry Association of America, Inc..(Mandel, Richard) |
| Filing 121 RESPONSE re: #118 Letter, #119 Letter, Letter Response to Judge John G. Koeltl from Marvin A. Miller regarding the Central District of California's judgment. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Miller, Marvin) |
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Filing 120
MEMO ENDORSEMENT on re: #119 LETTER addressed to Judge John G. Koeltl from Robert M. Schwartz dated June 3, 2016 re: the Central District of California's judgment in ABS Entertainment, Inc., et al v. CBS Corporation, et. al. Document filed by CBS Corporation, CBS Radio Inc. ENDORSEMENT: Plaintiffs should respond to this letter by June 13, 2016. So ordered. (Signed by Judge John G. Koeltl on 6/6/2016) (rjm)
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| Filing 119 LETTER addressed to Judge John G. Koeltl from Robert M. Schwartz dated June 3, 2016 re: the Central District of California's judgment in ABS Entertainment, Inc., et al v. CBS Corporation, et. al.. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit 1)(Schwartz, Robert) |
| Filing 118 LETTER addressed to Judge John G. Koeltl from Robert M. Schwartz dated June 1, 2016 re: the Central District of California's decision on 5/30/16 in ABS Entertainment, Inc., et al v. CBS Corporation, et. al.. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit 1)(Schwartz, Robert) |
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Filing 117
ORDER: The defendants are directed to provide the Court with courtesy copies of the papers filed in support and in opposition to the motion for summary judgment. (Signed by Judge John G. Koeltl on 5/2/2016) (cf)
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| Filing 116 LETTER addressed to Judge John G. Koeltl from Robert M. Schwartz dated April 29, 2016 re: request oral argument on CBS's Motion for Summary Judgment or, in the alternative, Partial Summary Judgment. Dkt. No. 80. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 [Proposed] Order granting Defendants' Motion for Summary Judgment or, in the alternative, Partial Summary Judgment)(Schwartz, Robert) |
| Filing 115 DECLARATION of Amit Gressel in Support re: #80 MOTION for Summary Judgment .. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Schwartz, Robert) |
| Filing 114 REPLY re: #100 Response, / CBS's Statement of Evidentiary Objections Regarding Plaintiffs' Evidence Filed in Opposition to Defendants' Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment. Document filed by CBS Corporation, CBS Radio Inc.. (Schwartz, Robert) |
| Filing 113 RESPONSE re: #101 Response, / Defendants' Response to Plaintiffs' Statement of Additional Facts. Document filed by CBS Corporation, CBS Radio Inc.. (Schwartz, Robert) |
| Filing 112 REPLY MEMORANDUM OF LAW in Support re: #80 MOTION for Summary Judgment . . Document filed by CBS Corporation, CBS Radio Inc.. (Schwartz, Robert) |
| Filing 111 NOTICE of Notice of Supplemental Authority Regarding Opposition to Defendants' Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment re: #99 Response in Opposition to Motion,. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Attachments: #1 Exhibit A)(Miller, Marvin) |
| Filing 110 Objection re: #84 Declaration in Support of Motion,, #83 Declaration in Support of Motion,,,, Plaintiffs' Evidentiary Objections to CBS's Declarations of Seth Neiman (ECF 83) and Jeff Sottolano (ECF 84) Submitted in Support of CBS's Motion for Summary Judgment. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Miller, Marvin) |
| Filing 109 DECLARATION of Thomas J. Couch Sr. in Opposition re: #80 MOTION for Summary Judgment .. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Miller, Marvin) |
| Filing 108 DECLARATION of Paul Tarnopol in Opposition re: #80 MOTION for Summary Judgment .. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Miller, Marvin) |
| Filing 107 DECLARATION of Matthew Johnson in Opposition re: #80 MOTION for Summary Judgment .. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Miller, Marvin) |
| Filing 106 DECLARATION of Lawrence S. Kartiganer in Opposition re: #80 MOTION for Summary Judgment .. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Miller, Marvin) |
| Filing 105 DECLARATION of Don Wilson in Opposition re: #80 MOTION for Summary Judgment .. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Miller, Marvin) |
| Filing 104 DECLARATION of Robert Emmer in Opposition re: #80 MOTION for Summary Judgment .. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Miller, Marvin) |
| Filing 103 DECLARATION of Paul Geluso in Opposition re: #80 MOTION for Summary Judgment .. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit A Part 4, #5 Exhibit A Part 5, #6 Exhibit B)(Miller, Marvin) |
| Filing 102 DECLARATION of Alan P. Block in Opposition re: #80 MOTION for Summary Judgment .. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Miller, Marvin) |
| Filing 101 RESPONSE re: #80 MOTION for Summary Judgment . Plaintiffs' Statement of Additional Material Facts in Opposition to Defendants' Motion for Summary Judgment. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Miller, Marvin) |
| Filing 100 RESPONSE re: #82 Rule 56.1 Statement Plaintiffs' Response to Defendants' Local Rule 56.1 Statement. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Miller, Marvin) |
| Filing 99 RESPONSE in Opposition to Motion re: #80 MOTION for Summary Judgment . Plaintiffs' Opposition to Defendants' Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Miller, Marvin) |
| Filing 98 NOTICE OF APPEARANCE by Amit Gressel on behalf of CBS Corporation, CBS Radio Inc.. (Gressel, Amit) |
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Filing 97
ORDER. The time to respond to the motion for summary judgment is extended to April 8, 2016. The reply is due on April 29, 2016. (Responses due by 4/8/2016. Replies due by 4/29/2016.) Motion(s) terminated: #94 LETTER MOTION for Extension of Time Plaintiffs' Letter-Motion for an Extension of Time to Respond to Defendants' Summary Judgment Motion addressed to Judge John G. Koeltl from Marvin A. Miller dated March 21, 2016 filed by Brunswick Record Corporation, Barnaby Records, Inc., ABS Entertainment, Inc., Malaco, Inc. (Signed by Judge John G. Koeltl on 3/23/2016) (rjm) Modified on 4/18/2016 (rjm).
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| Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 3/23/2016. (Court Reporter Karen Gorloski)(Fletcher, Donnie) |
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Filing 96
MEMO ENDORSEMENT on re: #92 LETTER addressed to Judge John G. Koeltl from Marvin A. Miller dated March 18, 2016 re: Request to participate in pre-motion conference by telephone. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc. The conference will be held via telephone. Counsel for the plaintiffs will arrange the conference call, by contacting all parties and then contacting the Court at (212) 805-0222. So ordered. (Telephone Conference set for 3/23/2016 at 11:00 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 3/21/2016) (rjm)
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| Filing 95 LETTER RESPONSE to Motion addressed to Judge John G. Koeltl from Robert M. Schwartz dated March 22, 2016 re: #94 LETTER MOTION for Extension of Time Plaintiffs' Letter-Motion for an Extension of Time to Respond to Defendants' Summary Judgment Motion addressed to Judge John G. Koeltl from Marvin A. Miller dated March 21, 2016. . Document filed by CBS Corporation, CBS Radio Inc.. (Schwartz, Robert) |
| Filing 94 LETTER MOTION for Extension of Time Plaintiffs' Letter-Motion for an Extension of Time to Respond to Defendants' Summary Judgment Motion addressed to Judge John G. Koeltl from Marvin A. Miller dated March 21, 2016. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Miller, Marvin) |
| Filing 93 LETTER addressed to Judge John G. Koeltl from Robert M. Schwartz dated 3/18/2016 re: Request to appear at 3/23/2016 conference telephonically. Document filed by CBS Corporation, CBS Radio Inc..(Schwartz, Robert) |
| Filing 92 LETTER addressed to Judge John G. Koeltl from Marvin A. Miller dated March 18, 2016 re: Request to participate in pre-motion conference by telephone. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc..(Miller, Marvin) |
| Filing 91 NOTICE OF COURT CONFERENCE: You are directed to appear for a pre-motion conference, to be held on Wednesday, March 23, 2016, at 11:00am, in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Don Fletcher, Courtroom Case Manager. (Pre-Motion Conference set for 3/23/2016 at 11:00 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl). (rjm) |
| Filing 90 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 02/16/2016 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...(Grant, Patricia) |
| Filing 89 TRANSCRIPT of Proceedings re: Conference held on 2/16/2016 before Judge John G. Koeltl. Court Reporter/Transcriber: Raquel Robles, (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 3/28/2016. Redacted Transcript Deadline set for 4/7/2016. Release of Transcript Restriction set for 6/6/2016.(Grant, Patricia) |
| Filing 88 DECLARATION of Andrew Strabone in Support re: #80 MOTION for Summary Judgment .. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Schwartz, Robert) |
| Filing 87 DECLARATION of William Inglot in Support re: #80 MOTION for Summary Judgment .. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Errata 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Schwartz, Robert) |
| Filing 86 DECLARATION of Durand R. Begault, Ph.D. in Support re: #80 MOTION for Summary Judgment .. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit A (Part 1), #2 Exhibit A (Part 2), #3 Exhibit A (Part 3), #4 Exhibit A (Part 4), #5 Exhibit A (Part 5), #6 Exhibit A (Part 6), #7 Exhibit B, #8 Exhibit C)(Schwartz, Robert) |
| Filing 85 DECLARATION of Stacey Benson in Support re: #80 MOTION for Summary Judgment .. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit 1)(Schwartz, Robert) |
| Filing 84 DECLARATION of Jeff Sottolano in Support re: #80 MOTION for Summary Judgment .. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Schwartz, Robert) |
| Filing 83 DECLARATION of Seth Neiman in Support re: #80 MOTION for Summary Judgment .. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51)(Schwartz, Robert) |
| Filing 82 RULE 56.1 STATEMENT. Document filed by CBS Corporation, CBS Radio Inc.. (Schwartz, Robert) |
| Filing 81 MEMORANDUM OF LAW in Support re: #80 MOTION for Summary Judgment . . Document filed by CBS Corporation, CBS Radio Inc.. (Schwartz, Robert) |
| Filing 80 MOTION for Summary Judgment . Document filed by CBS Corporation, CBS Radio Inc..(Schwartz, Robert) |
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Filing 79
OPINION AND ORDER #106219. The Court has considered all of the arguments of the parties. Any arguments not explicitly addressed herein are either moot or without merit. For the foregoing reasons, CBS' motion to dismiss common law copyright infringement claims that fall outside the three-year statute of limitations under C.P.L.R. 214(4) is granted with respect to the plaintiffs' claims for damages. The parties should manage discovery accordingly. The Clerk is directed to close Docket No. 51. re: #51 LETTER MOTION for Conference/Letter requesting a pre-motion conference in advance of a motion to dismiss addressed to Judge John G. Koeltl from Robert M. Schwartz dated 10/19/2015. Document filed by CBS Corporation, CBS Radio Inc. (Signed by Judge John G. Koeltl on 2/17/2016) (rjm) Modified on 2/23/2016 (ca).
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| Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 2/16/2016 re: #51 LETTER MOTION for Conference. Letter requesting a pre-motion conference in advance of a motion to dismiss. Addressed to Judge John G. Koeltl from Robert M. Schwartz dated 10/19/2015. filed by CBS Radio Inc., CBS Corporation. (Fletcher, Donnie) |
| Filing 78 NOTICE OF CHANGE OF ADDRESS by Marvin Alan Miller on behalf of ABS Entertainment, Inc.. New Address: McKool Smith Hennigan, P.C., One California Plaza, 300 South Grand Avenue, Suite 2900, Los Angeles, California, United States 90071, 213-694-1200. (Miller, Marvin) |
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Filing 77
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, pursuant to Fed. R. Civ. P. Rule 26(c) and 29, by and between the undersigned counsel for Plaintiffs and the undersigned counsel for Defendants, that: 1. Any deposition taken in ABS Entertainment, Inc. v. CBS Corporation et al, Case No. 2:15-cv-06257-PA-AGR be deemed to have been noticed and taken in this action for purposes of Fed. R. Civ. P. Rule 30 and 32. (Signed by Judge John G. Koeltl on 1/25/2016) (rjm)
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| Filing 76 NOTICE OF ORAL ARGUMENT: You are directed to appear for oral argument on the pending motion(s), to be held on Tuesday, February 16, 2016, at 10:30am, in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107.(cf) |
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Filing 75
ORDER FOR ADMISSION PRO HAC VICE granting #74 Motion for Amit Q. Gressel to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge John G. Koeltl on 1/6/2016) (cf) Modified on 1/21/2016 (cf).
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| Filing 74 MOTION for Amit Q. Gressel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11765052. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order for Admission Pro Hac Vice)(Saylor, James) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #74 MOTION for Amit Q. Gressel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11765052. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 73 REPLY MEMORANDUM OF LAW of defendants CBS Corporation and CBS Radio Inc. re the statute of limitations applicable to plaintiffs' claim for common law copyright infringement. Document filed by CBS Corporation, CBS Radio Inc.. (Schwartz, Robert) |
| Filing 72 BRIEF re: #70 Brief, Plaintiffs' REPLY Brief Concerning the Appropriate Statute of Limitations for Plaintiffs' New York Common Law Copyright Claim. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc..(Miller, Marvin) |
| Filing 71 MEMORANDUM OF LAW of defendant's CBS Corporation & CBS Radio Inc. re the Statute of Limitations. Document filed by CBS Corporation, CBS Radio Inc.. (Schwartz, Robert) |
| Filing 70 BRIEF re: #67 Memo Endorsement, Set Deadlines,, Plaintiffs' Opening Brief Concerning the Appropriate Statute of Limitations for Plaintiffs' New York Common Law Copyright Claim. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc..(Miller, Marvin) |
| Filing 69 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/17/15 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) |
| Filing 68 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/17/2015 before Judge John G. Koeltl. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/28/2015. Redacted Transcript Deadline set for 1/5/2016. Release of Transcript Restriction set for 3/4/2016.(McGuirk, Kelly) |
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Filing 67
MEMO ENDORSEMENT on re: #66 LETTER addressed to Judge John G. Koeltl from Robert M. Schwartz dated November 23, 2015 re: Statute of limitations briefing. Document filed by CBS Corporation, CBS Radio Inc. ENDORSEMENT: Application granted. So ordered. (Motions due by 12/4/2015. Replies due by 12/11/2015.) (Signed by Judge John G. Koeltl on 11/24/2015) (rjm)
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| Filing 66 LETTER addressed to Judge John G. Koeltl from Robert M. Schwartz dated November 23, 2015 re: statute of limitations briefing. Document filed by CBS Corporation, CBS Radio Inc..(Schwartz, Robert) |
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Filing 65
SCHEDULING ORDER. JOINT REPORT OF RULE 26(f) MEETING OF COUNSEL: Rule 12(b) Motions due by 2/26/2016. Responses due by 3/25/2016. Replies due by 4/15/2016. Discovery due by 1/29/2016. The parties estimate 10 trial days for trial of this matter. Plaintiffs have made a demand for a jury trial, and as further set forth in this Order. (Signed by Judge John G. Koeltl on 11/17/2015) (rjm)
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| Minute Entry for proceedings held before Judge John G. Koeltl: Scheduling Conference held on 11/17/2015. (Fletcher, Donnie) |
| Filing 64 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by ABS Entertainment, Inc..(Hadley, Lawrence) |
| Filing 63 LETTER addressed to Judge John G. Koeltl from Robert E. Allen dated 11-12-2015 re: Request that CBS not be permitted to file its purported Rule 12 motion as proposed. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc..(Miller, Marvin) |
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Filing 62
MEMO ENDORSEMENT on re: #60 LETTER addressed to Judge John G. Koeltl from Robert M. Schwartz dated November 4, 2015 re: Intention to move to dismiss Plaintiffs' First Amended Complaint on the grounds stated in CBS's October 19, 2015 request for a pre-motion conference. Document filed by CBS Corporation, CBS Radio Inc. ENDORSEMENT: Application granted. So ordered. (Signed by Judge John G. Koeltl on 11/10/2015) (rjm)
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| Filing 61 LETTER addressed to Judge John G. Koeltl from Marvin A. Miller dated 11-9-2015 re: Request a pre-motion conference to allow Plaintiffs to file a motion to appoint Interim Class Counsel. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc..(Miller, Marvin) |
| Filing 60 LETTER addressed to Judge John G. Koeltl from Robert M. Schwartz dated November 4, 2015 re: intention to move to dismiss Plaintiffs' First Amended Complaint on the grounds stated in CBS's October 19, 2015 request for a pre-motion conference. Document filed by CBS Corporation, CBS Radio Inc..(Schwartz, Robert) |
| Filing 59 LETTER addressed to Judge John G. Koeltl from Marvin A. Miller dated November 3, 2015 re: Request by CBS for pre-motion confrence. Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc..(Miller, Marvin) |
| Filing 58 FIRST AMENDED COMPLAINT amending #7 Complaint against CBS Corporation, CBS Radio Inc., Does 1-10 with JURY DEMAND.Document filed by ABS Entertainment, Inc., Barnaby Records, Inc., Brunswick Record Corporation, Malaco, Inc.. Related document: #7 Complaint filed by ABS Entertainment, Inc.. (Attachments: #1 Schedules A1-A4)(Miller, Marvin) |
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Filing 57
ORDER granting #52 LETTER MOTION for Conference requesting that the Court Conference currently set for November 4, 2015 at 4:30 P.M. be rescheduled to November 17, 2015 addressed to Judge John G. Koeltl from Robert M. Schwartz, Esq. dated 10/22/2015. Adjourned to Tuesday, November 17, 2015, at 4:30 p.m. So ordered. (Conference set for 11/17/2015 at 04:30 PM before Judge John G. Koeltl). (Signed by Judge John G. Koeltl on 10/23/2015) (rjm)
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Filing 56
ORDER FOR ADMISSION PRO HAC VICE granting #49 Motion for Alan P. Block to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 10/24/2015) (rjm)
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Filing 55
ORDER FOR ADMISSION PRO HAC VICE granting #50 Motion for Lawrence Milton Hadley to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 10/24/2015) (mro)
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Filing 54
ORDER FOR ADMISSION PRO HAC VICE granting #47 Motion for Robert Edward Allen to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 10/24/2015) (mro)
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Filing 53
ORDER FOR ADMISSION PRO HAC VICE granting #48 Motion for Roderick George Dorman to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 10/24/2015) (mro)
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| Filing 52 LETTER MOTION for Conference requesting that the Court Conference currently set for November 4, 2015 at 4:30 P.M. be rescheduled to November 17, 2015 addressed to Judge John G. Koeltl from Robert M. Schwartz, Esq. dated 10/22/2015. Document filed by CBS Corporation, CBS Radio Inc..(Schwartz, Robert) |
| Filing 51 LETTER MOTION for Conference /Letter requesting a pre-motion conference in advance of a motion to dismiss addressed to Judge John G. Koeltl from Robert M. Schwartz dated 10/19/2015. Document filed by CBS Corporation, CBS Radio Inc..(Schwartz, Robert) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #50 AMENDED MOTION for Lawrence Milton Hadley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #48 AMENDED MOTION for Roderick George Dorman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #49 AMENDED MOTION for Alan Peter Block 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. (wb) |
| Filing 50 AMENDED MOTION for Lawrence Milton Hadley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ABS Entertainment, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Hadley, Lawrence) |
| Filing 49 AMENDED MOTION for Alan Peter Block to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ABS Entertainment, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Block, Alan) |
| Filing 48 AMENDED MOTION for Roderick George Dorman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ABS Entertainment, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Dorman, Roderick) |
| Filing 47 AMENDED MOTION for Robert Edward Allen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ABS Entertainment, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Allen, Robert) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #47 AMENDED MOTION for Robert Edward Allen 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. (wb) |
| Filing 46 NOTICE OF CHANGE OF ADDRESS by Robert M Schwartz on behalf of CBS Corporation, CBS Radio Inc.. New Address: Irell & Manella LLP, 1800 Avenue of the Stars, Los Angeles, California, United States 90067, 310-277-1010. (Schwartz, Robert) |
| Filing 45 NOTICE OF CHANGE OF ADDRESS by Victor Jih on behalf of CBS Corporation, CBS Radio Inc.. New Address: Irell & Manella LLP, 1800 Avenue of the Stars, Los Angeles, California, United States 90067, 310-277-1010. (Jih, Victor) |
| Filing 44 NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Wednesday, November 4, 2015, in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Don Fletcher, Courtroom Case Manager. (Pretrial Conference set for 11/4/2015 at 04:30 PM in Courtroom 12B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl). (rjm) |
| Filing 43 NOTICE OF APPEARANCE by Andrew J. Strabone on behalf of CBS Corporation, CBS Radio Inc.. (Strabone, Andrew) |
| Filing 42 NOTICE OF APPEARANCE by Joshua C. Lee on behalf of CBS Corporation, CBS Radio Inc.. (Lee, Joshua) |
| Filing 41 NOTICE OF APPEARANCE by Victor Jih on behalf of CBS Corporation, CBS Radio Inc.. (Jih, Victor) |
| Filing 40 NOTICE OF APPEARANCE by Robert M Schwartz on behalf of CBS Corporation, CBS Radio Inc.. (Schwartz, Robert) |
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Filing 39
ORDER FOR ADMISSION PRO HAC VICE granting #35 Motion for Andrew J. Strabone to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 9/21/2015) (rjm)
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Filing 38
ORDER FOR ADMISSION PRO HAC VICE granting #34 Motion for Robert M. Schwartz to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 9/21/2015) (rjm)
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Filing 37
ORDER FOR ADMISSION PRO HAC VICE granting #33 Motion for Joshua C. Lee to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 9/21/2015) (rjm)
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Filing 36
ORDER FOR ADMISSION PRO HAC VICE granting #32 Motion for Victor Jih to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 9/21/2015) (rjm)
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| Filing 35 AMENDED MOTION for Andrew J. Strabone to Appear Pro Hac Vice (filing fee paid September 10, 2015). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Certificate of Good Standing, #2 [Proposed] Order for Admission Pro Hac Vice)(Saylor, James) |
| Filing 34 AMENDED MOTION for Robert M. Schwartz to Appear Pro Hac Vice (filing fee paid September 10, 2015). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Certificate of Good Standing, #2 [Proposed] Order for Admission Pro Hac Vice)(Saylor, James) |
| Filing 33 AMENDED MOTION for Joshua C. Lee to Appear Pro Hac Vice (filing fee paid September 10, 2015). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Certificate of Good Standing, #2 [Proposed] Order for Admission Pro Hac Vice)(Saylor, James) |
| Filing 32 AMENDED MOTION for Victor Jih to Appear Pro Hac Vice (filing fee paid September 10, 2015). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Certificate of Good Standing, #2 [Proposed] Order for Admission Pro Hac Vice)(Saylor, James) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #31 MOTION for Alan Peter Block to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11409396. Motion and supporting papers to be reviewed by Clerk's Office staff., #29 MOTION for Robert Edward Allen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11409394. Motion and supporting papers to be reviewed by Clerk's Office staff., #30 MOTION for Lawrence Milton Hadley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11409395. Motion and supporting papers to be reviewed by Clerk's Office staff., #28 MOTION for Roderick George Dorman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11409393. 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 from Supreme Court of California;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 AMENDED MOTION for Joshua C. Lee to Appear Pro Hac Vice (filing fee paid September 10, 2015). Motion and supporting papers to be reviewed by Clerk's Office staff., #32 AMENDED MOTION for Victor Jih to Appear Pro Hac Vice (filing fee paid September 10, 2015). 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 PRO HAC VICE MOTION. Regarding Document No. #34 AMENDED MOTION for Robert M. Schwartz to Appear Pro Hac Vice (filing fee paid September 10, 2015). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #35 AMENDED MOTION for Andrew J. Strabone to Appear Pro Hac Vice (filing fee paid September 10, 2015). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
| Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Alan Peter Block to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11409396. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ABS Entertainment, Inc..(Dorman, Roderick) Modified on 9/21/2015 (sdi). |
| Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lawrence Milton Hadley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11409395. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ABS Entertainment, Inc..(Dorman, Roderick) Modified on 9/21/2015 (sdi). |
| Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert Edward Allen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11409394. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ABS Entertainment, Inc..(Dorman, Roderick) Modified on 9/21/2015 (sdi). |
| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Roderick George Dorman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11409393. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ABS Entertainment, Inc..(Dorman, Roderick) Modified on 9/21/2015 (sdi). |
| Filing 27 AFFIDAVIT OF SERVICE of Summons and Complaint. CBS Radio Inc. served on 9/2/2015, answer due 10/23/2015. Service was accepted by Lynanne Gares - Authorized Person at Registered Agent. Document filed by ABS Entertainment, Inc.. (Miller, Marvin) |
| Filing 26 AFFIDAVIT OF SERVICE of Summons and Complaint. CBS Corporation served on 9/2/2015, answer due 10/23/2015. Service was accepted by Lynanne Gares - Authorized Person at Registered Agent. Document filed by ABS Entertainment, Inc.. (Miller, Marvin) |
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Filing 25
JOINT STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT: The Parties hereby stipulate to a thirty-day extension of the time by which Defendants must respond to the initial complaint from the original date of September 23, 2015 to the new date of October 23, 2015. SO ORDERED. CBS Corporation answer due 10/23/2015; CBS Radio Inc. answer due 10/23/2015; Does 1-10 answer due 10/23/2015. (Signed by Judge John G. Koeltl on 9/14/2015) (kko)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #24 MOTION for Andrew J. Strabone to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11374778. Motion and supporting papers to be reviewed by Clerk's Office staff., #22 MOTION for Joshua C. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11374725. Motion and supporting papers to be reviewed by Clerk's Office staff., #23 MOTION for Robert M. Schwartz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11374753. Motion and supporting papers to be reviewed by Clerk's Office staff., #21 MOTION for Victor Jih to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11374684. 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 from Supreme Court of California;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi) |
| Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew J. Strabone to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11374778. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order for Admission Pro Hac Vice)(Saylor, James) Modified on 9/11/2015 (sdi). |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert M. Schwartz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11374753. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order for Admission Pro Hac Vice)(Saylor, James) Modified on 9/11/2015 (sdi). |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joshua C. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11374725. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order for Admission Pro Hac Vice)(Saylor, James) Modified on 9/11/2015 (sdi). |
| Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Victor Jih to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11374684. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CBS Corporation, CBS Radio Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order for Admission Pro Hac Vice)(Saylor, James) Modified on 9/11/2015 (sdi). |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CBS Corporation for CBS Radio Inc.. Document filed by CBS Radio Inc..(Saylor, James) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate GAMCO Investors, Inc., Other Affiliate National Amusements, Inc. for CBS Corporation. Document filed by CBS Corporation.(Saylor, James) |
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Kathleen E. Boychuck to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 9/10/2015) (rjm)
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Filing 17
ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion for Andrew Szot to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 9/10/2015) (rjm)
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| Filing 16 NOTICE OF APPEARANCE by James Bryan Saylor on behalf of CBS Corporation, CBS Radio Inc.. (Saylor, James) |
| Filing 15 NOTICE OF APPEARANCE by Michael Charles Lynch on behalf of CBS Corporation, CBS Radio Inc.. (Lynch, Michael) |
| CASE DECLINED AS NOT RELATED. Case referred as related to 1:13cv5784 and declined by Judge Colleen McMahon and returned to wheel for assignment. (sdi) |
| NOTICE OF CASE ASSIGNMENT to Judge John G. Koeltl. Judge Unassigned is no longer assigned to the case. (sdi) |
| Magistrate Judge James L. Cott is so designated. (sdi) |
| Filing 14 MOTION for Kathleen Ellen Boychuck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11335130. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ABS Entertainment, Inc.. (Attachments: #1 Exhibit A Certificate of Good Standing, #2 Text of Proposed Order)(Boychuck, Kathleen) |
| Filing 13 MOTION for Andrew Szot to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11334831. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by ABS Entertainment, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Szot, Andrew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Kathleen Ellen Boychuck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11335130. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Andrew Szot to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11334831. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 12 CIVIL COVER SHEET filed. (Miller, Marvin) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to CBS Radio Inc.. (dgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to CBS Corporation. (dgo) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to CBS Radio Inc., a Delaware Corporation, re: #7 Complaint. Document filed by ABS Entertainment, Inc.. (Miller, Marvin) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to CBS Corporation, a Delaware Corporation, re: #7 Complaint. Document filed by ABS Entertainment, Inc.. (Miller, Marvin) |
| Filing 7 COMPLAINT against CBS Corporation, CBS Radio Inc., Does 1-10. Document filed by ABS Entertainment, Inc..(Miller, Marvin) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Marvin Alan Miller. The party information for the following party/parties has been modified: ABS Entertainment, Inc., CBS Corporation, CBS Radio Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (dgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Marvin Alan Miller to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; the pleading was not signed; Signature does not match the ECF filer, they must match. Also file against Does 1-10. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dgo) |
| Case Designated ECF. (dgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Marvin Alan Miller to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): No signature;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated April 2014. The S.D.N.Y. Civil Cover Sheet dated April 2014 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dgo) |
| CASE REFERRED TO Judge Colleen McMahon as possibly related to 1:13-cv-05784 CM. (dgo) |
| Filing 6 NOTICE OF APPEARANCE by Marvin Alan Miller on behalf of ABS Entertainment, Inc.. (Miller, Marvin) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:13-cv-05784 CM. Document filed by ABS Entertainment, Inc..(Miller, Marvin) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ABS Entertainment, Inc..(Miller, Marvin) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED FOR ALL PARTIES - REQUEST FOR ISSUANCE OF SUMMONS as to CBS Corporation, CBS Radio Inc., re: #1 Complaint. Document filed by ABS Entertainment, Inc.. (Attachments: #1 Summons - CBS Radio)(Miller, Marvin) Modified on 8/28/2015 (dgo). |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Miller, Marvin) Modified on 8/28/2015 (dgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against CBS Corporation, CBS Radio Inc.. (Filing Fee $ 400.00, Receipt Number 0208-11325973)Document filed by ABS Entertainment, Inc..(Miller, Marvin) Modified on 8/28/2015 (dgo). |
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