Capitol Records Inc et al v. Foster Featured Case

Plaintiff: UMG Recordings Inc, Capitol Records Inc, Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment and Warner Bros Records Inc
Defendant: Debbie Foster
Counter_claimant: Debbie Foster
Counter_defendant: Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc and UMG Recordings Inc
 
Case Number: 5:2004cv01569
Filed: November 18, 2004
 
Court: Oklahoma Western District Court
Office: Oklahoma City Office
County: XX US, Outside State
Presiding Judge: Lee R. West
 
Nature of Suit: Copyrights
Cause of Action: 17:501
Jury Demanded By: Both

Docket Report

We have record of the following docket entries for this case:
Date Filed#Document Text
October 22, 2007 263 Featured Case ORDER that the Court finds that the plaintiffs Renewed Motion to Deem Judgment Satisfied should be and hereby is Granted re 256 , 259 . Signed by Judge Lee R. West on 10/22/07. (brs, )
September 27, 2007 262 REPLY by Plaintiffs Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc re 256 Satisfaction of Judgment, filed by all plaintiffs. (Martin, Colin)
September 27, 2007 261 RESPONSE in Opposition re 259 MOTION to Alter Judgment FRCP 59 & 60 filed by all plaintiffs. (Martin, Colin)
September 17, 2007 260 OBJECTIONS re 258 Order on Motion for Extension of Time to File to plaintiffs' alleged satisfaction of judgment/order filed by Debbie Foster. (Attachments: # 1 Attachment 1 Fantasy v Fogerty unpubl decision# 2 Exhibit 1 Declaration of M.Barringer-Thomson# 3 Exhibit 2 - 8-14-06 Declaration of M. Barringer-Thomson)(Barringer-Thomson, Marilyn)
September 17, 2007 259 MOTION to Alter Judgment FRCP 59 & 60 by Debbie Foster. (Barringer-Thomson, Marilyn)
September 14, 2007 258 Featured Case ORDER granting 257 Motion for Extension of Time to File additional pleadings on or before 9/17/07. Signed by Judge Lee R. West on 9/14/07. (brs, )
September 13, 2007 257 UNOPPOSED MOTION for Extension of Time re September 6, 2007 Order, Docket No. 253 by Debbie Foster. (Barringer-Thomson, Marilyn)
September 10, 2007 256 SATISFACTION OF JUDGMENT re 255 Order on Motion for Order Amended Proof of Payment of Post-Judgment Interest and Renewed Motion to Deem Judgment Satisfied by all plaintiffs. (Attachments: # 1 Exhibit A (Letter and documents explaining interest calculation))(Gabriel, Richard)
September 10, 2007 255 Featured Case ORDER Denying 251 Motion to Deem Judgment Satisfied. Signed by Judge Lee R. West on 9/10/07. (brs, )
September 7, 2007 254 SATISFACTION OF JUDGMENT re 253 Order on Motion for Order, Order on Motion to Alter Judgment,, Proof of Payment of Post-Judgment Interest by all plaintiffs. (Attachments: # 1 Exhibit A (Correspondence, Calculation Documents, Copy of Check)(Gabriel, Richard)
September 6, 2007 253 Featured Case ORDER deferring ruling on 251 Motion for Order to Deem Judgment Satisfied ; denying 252 Motion to Alter Judgment. Further, the Court Orders plaintiff to remit post-judgment interest to defendant by 9/13/07 and submit proof of payment to the Court. Further, the Court Grants defendant 3 days from plaintiff's submission to file her response to plaintiff's Motion to Deem Judgment Satisfied. Signed by Judge Lee R. West on 9/6/07. (brs, )
August 31, 2007 252 FIRST MOTION to Alter Judgment by Debbie Foster. (Barringer-Thomson, Marilyn)
August 31, 2007 251 MOTION for Order Deeming Judgment Satisfied by all plaintiffs. (Attachments: # 1 Exhibit 1 - Letter# 2 Exhibit 2 - Email)(Martin, Colin)
August 16, 2007 250 JUDGMENT that the plaintiffs shall pay to the defendant Deborah Foster the amount of $68,685.23 reflecting her attorneys' fees, including litigation expenses and costs. Signed by Judge Lee R. West on 8/16/07. (brs, )
August 16, 2007 249 Featured Case ORDER granting 246 Motion for Entry of Judgment. Signed by Judge Lee R. West on 8/16/07. (brs, )
August 15, 2007 248 REPLY to Response to Motion re 246 MOTION for Judgment against Plaintiffs and in favor of Deborah Foster, FRCP 58 [Pltfs Response, Doc. 247] filed by Debbie Foster. (Attachments: # 1 Exhibit 1 - Plaintiffs' November 2004 Corporate Disclosures)(Barringer-Thomson, Marilyn)
August 14, 2007 247 RESPONSE in Support re 246 MOTION for Judgment against Plaintiffs and in favor of Deborah Foster, FRCP 58 filed by all plaintiffs. (Martin, Colin)
August 13, 2007 246 MOTION for Judgment against Plaintiffs and in favor of Deborah Foster, FRCP 58 by Debbie Foster. (Attachments: # 1 Attachment A - 8-11-07 email to all Pltfs counsel re payment# 2 Attachment B - Hassan v Allen 10th cir unpublished# 3 Attachment C - Crislip v Shanks 10th cir unpublished)(Barringer-Thomson, Marilyn)
July 16, 2007 245 Featured Case ORDER Granting defendant Deborah Foster's application for atorneys' fees to the extent that the defendant, as the prevailing party, shall recover her attorneys' fees, including litigation expenses and costs, in the total amount of $68,685.23 re 244 , 129 . Signed by Judge Lee R. West on 7/16/07. (brs, )
July 5, 2007 244 Minute Entry for proceedings held before Judge Lee R. West : Motion Hearing held on 7/5/2007 re 129 MOTION for Attorney Fees filed by Debbie Foster. (Court Reporter Tracy Washbourne.) (brs, )
July 5, 2007 243 ENTRY of Appearance by Micheal C Salem on behalf of Debbie Foster (Salem, Micheal)
July 2, 2007 242 Featured Case ORDER Setting Hearing on Motion Motion Hearing set for 7/5/2007 at 10:00 AM in Courtroom #303 before Honorable Lee R. West.. Signed by Judge Lee R. West on 7/2/07. (brs, )
June 25, 2007 241 Featured Case ORDER granting 240 Motion to Strike 239 Order Setting Hearing on Motion. This matter shall be reset at a later date. Signed by Judge Lee R. West on 6/25/07. (brs, )
June 22, 2007 240 UNOPPOSED MOTION to Strike 239 Order Setting Hearing on Motion by Debbie Foster. (Barringer-Thomson, Marilyn)
June 20, 2007 239 Featured Case ORDER Setting Hearing on Application for Award of Attorneys' Fees. Motion Hearing set for 6/27/2007 at 10:00 AM in Courtroom #303 before Honorable Lee R. West.. Signed by Judge Lee R. West on 6/20/07. (brs, )
May 31, 2007 Docket Annotation: Document number 238 is hereby rendered moot by the filing of document number 237 . (brs, )
May 31, 2007 238 OBJECTIONS re 235 Memorandum in Opposition filed by Debbie Foster. (Barringer-Thomson, Marilyn)
May 31, 2007 237 Featured Case ORDER Granting 234 Motion for Leave to File Reply in Excess Pages and Deeming said reply to have been timely filed; and Advising that no further briefing shall be permitted except upon order of the Court. Signed by Judge Lee R. West on 5/31/07. (brs, ).
May 30, 2007 236 REPLY by Defendant Debbie Foster, Counter Claimant Debbie Foster to Pltf's response to Copyright Act attorneys's fees and costs filed by Debbie Foster. (Attachments: # 1 Attachment 9- A April 11, 2007 depo trans plaintiffs' expert# 2 Attachment 9-B depo plaintiffs' expert# 3 Attachment 9-B depo pltfs' expert# 4 Attachment 9-D depo pltfs' expert# 5 Attachment 9-E depo pltfs' expert# 6 Attachment 9-F depo pltfs' expert# 7 Attachment 9-G depo pltfs' expert# 8 Attachment 9-H word index for depo pltfs expert# 9 Attachment 9-I continued word index depo pltfs' expert# 10 Attachment 9-J Ex 1-10 to depo pltfs expert# 11 Attachment 9-K Ex 11-15 to depo pltfs expert# 12 Attachment 9-L Exs to depo of pltfs' expert# 13 Attachment 12-A Def's comparative billing records# 14 Attachment 12-B Def's comparative billing records# 15 Attachment 7-A Ex 1-3 to depo of def's expert R. Wilkinson# 16 Attachment 7-B Ex 4-8 to depo of def's expert R. Wilkinson# 17 Attachment 7-C Ex 9-12 to depo of def's expert R. Wilkinson)(Barringer-Thomson, Marilyn)
May 29, 2007 SEALED DOCUMENT (Attachments 8, 10 & 11 to the Reply) filed conventionally pursuant to the Court's Protective Order by Debbie Foster. (brs, )
May 29, 2007 235 MEMORANDUM in Opposition re 234 SECOND MOTION for Leave to File Excess Pages presumptively unopposed filed by all plaintiffs. (Gabriel, Richard)
May 29, 2007 234 SECOND MOTION for Leave to File Excess Pages presumptively unopposed by Debbie Foster. (Barringer-Thomson, Marilyn)
May 25, 2007 233 Featured Case ORDER granting 232 defendant's Motion for Extension of Time to File Reply. Reply due by 5/29/2007.. Signed by Judge Lee R. West on 5/25/07. (brs, )
May 24, 2007 232 UNOPPOSED MOTION for Extension of Time to File Response/Reply to Plaintiffs' Supplemental Response to Copyright Act costs & attorneys' fees by Debbie Foster. (Barringer-Thomson, Marilyn)
May 24, 2007 231 Featured Case ORDER granting 230 Motion for Leave to File Excess Pages. Defendant's reply brief may exceed 10 pages but shall not exceed 25 pages, exclusive of table of contents and table of authorities. Signed by Judge Lee R. West on 5/24/07. (brs, )
May 23, 2007 230 UNOPPOSED MOTION for Leave to File Excess Pages Supplemental Reply Brief [5-22-07 Order, Docket No. 229] by Debbie Foster. (Barringer-Thomson, Marilyn)
May 22, 2007 229 Featured Case ORDER granting 227 Motion for Extension of Time to File the reply brief on or before 5/24/07. Signed by Judge Lee R. West on 5/22/07. (brs, )
May 21, 2007 228 OBJECTIONS re 227 UNOPPOSED MOTION for Extension of Time to file reply brief and supporting evidence in support of Copyright Right Act Attorneys' Fees and Costs, 226 Response, QUALIFIED OBJECTIONS ONLY TO RELIEF REQUEST BY PLAINTIFFS ON MAY 14, 2007, DOCKET NO. 226 filed by Debbie Foster. (Attachments: # 1 Exhibit 1 - Defendant's August 9, 2006 Motion for Scheduling Order, Docket No. 131# 2 Exhibit 2- Plaintiffs August 18, 2006 Opposition Docket 140 to Defendant's Motion for Scheduling Order)(Barringer-Thomson, Marilyn)
May 21, 2007 227 UNOPPOSED MOTION for Extension of Time to file reply brief and supporting evidence in support of Copyright Right Act Attorneys' Fees and Costs by Debbie Foster. (Barringer-Thomson, Marilyn)
May 14, 2007 226 RESPONSE re 224 Supplement,, (Brief Regarding the Reasonable Attorneys' Fees to be Awarded to Defendant) filed by all plaintiffs. (Attachments: # 1 Attachment Tables Cover Sheet# 2 Attachment Table A# 3 Attachment Table B# 4 Attachment Table C# 5 Attachment Table D# 6 Attachment Exhibits Cover Sheet# 7 Exhibit A# 8 Exhibit B# 9 Exhibit C (pp. 1-21)# 10 Exhibit C (pp. 22-44)# 11 Exhibit D# 12 Exhibit E# 13 Exhibit F)(Martin, Colin)
May 3, 2007 225 NOTICE (other) by Debbie Foster re 224 Supplement,, Correction of Index and submission of deposition of Defendant's expert witness (Attachments: # 1 # 2 Appendix Correction of Index# 3 Attachment 6, part 1 trans of depo of Richard B. Wilkinson# 4 Attachment 6,# 5 Attachment 6, subpt 3# 6 Attachment 6, subpt 4# 7 # 8 Attachment 6, subpart# 9 Attachment 6 subpart# 10 Attachment 6 errata & signature page Vol 1# 11 Criminal Cover Sheet 6 errata & signature page Vol 2)(Barringer-Thomson, Marilyn)
May 3, 2007 224 SUPPLEMENT to by Debbie Foster. (Attachments: # 1 Attachment 3 May 3, 2007 supp declar M.D.B. Thomson# 2 Attachment 5 May 3, 2007 supp declar Richard B. Wilkinson def's expert# 3 Appendix Index to Documents# 4 Exhibit Defendant's 1 May 3, 2007 work in progress report for acct 249.00# 5 Exhibit Def 2 May 3, 2007 work in progress report for acct 249.01# 6 Exhibit 3 February 19, 2005 redacted contract for representation# 7 Exhibit Defendant)(Barringer-Thomson, Marilyn)
April 27, 2007 223 Featured Case ORDER granting 207 Pla's Motion to Compel. The dft shall provide documents responsive to the pla's request for production No. 1 w/in 5 days of the entry of this order. Signed by Judge Lee R. West on 4/27/07. (cjs, )
April 27, 2007 222 Featured Case ORDER denying 206 Dft's Motion to Expedite time for Pla's to respond to discovery. The Pla's mtn for protective order is granted. Dft is barred from obtaining from the pla's the documents sought by the written discovery requests served on March 30, 2007. Signed by Judge Lee R. West on 4/27/07. (cjs, )
April 27, 2007 221 Featured Case ORDER granting 220 Dft's Motion for Extension of deadlines.. Signed by Judge Lee R. West on 4/27/07. (cjs, )
April 26, 2007 220 UNOPPOSED MOTION for Extension of Time for Briefing Deadlines [Docket No. 163] by Debbie Foster. (Barringer-Thomson, Marilyn)
April 26, 2007 219 Featured Case ORDER denying 217 Motion for Leave to File Reply. Signed by Judge Lee R. West on 4/26/07. (brs, )
April 26, 2007 218 NOTICE (other) by Debbie Foster re 216 Response in Opposition to Motion,,, CORRECTION OF EXHIBITS (Barringer-Thomson, Marilyn)
April 25, 2007 217 MOTION for Leave to File Reply in Support of Plaintiffs' Motion for Protective Order 210 by all plaintiffs. (Gabriel, Richard)
April 24, 2007 216 RESPONSE in Opposition re 213 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 211 Order for Response, to Pltfs' [Doc. 210] & [Doc. 207] Pltfs' Doc. 210 filed under seal/ Def's Exhibit 8 to be filed in camera, ex parte Docket No. 215 filed by Debbie Foster. (Attachments: # 1 Exhibit 1 - 4-9-07 email# 2 Exhibit 2 4-10-07 email# 3 Exhibit 3 - 4-10-07 email# 4 Exhibit 4 4-9-07 email with 4-10-07 emails# 5 Exhibit 5 Extracts of 4-12-07 depo of def's expert Richard B. Wilkinson# 6 Exhibit 6 4-17-07 emails# 7 Exhibit 7 - Extracts of 4-11-07 depo of pltfs' expert Meyers# 8 Exhibit 9 3-02-07 Order of Judge West# 9 Exhibit 10 3-22-07 Declaration of Kenneth Doroshow RIAA# 10 Exhibit 11- 3-30-07 Def's Req for Production)(Barringer-Thomson, Marilyn)
April 24, 2007 215 RESPONSE in Opposition re 207 MOTION to Compel Post-Judgment Discovery Responses and Brief in Support filed by Debbie Foster. (Attachments: # 1 Exhibit 1 4-9-2007 Email# 2 Exhibit 2 4-10-07 email# 3 Exhibit 3 4-10-07 email# 4 Exhibit 4 4-9-07 email with 4-10-07 emails# 5 Exhibit 5 Extracts of 4-11-07 Depo of Richard B. Wilkinson def expert# 6 Exhibit 6 4-17-07 emails# 7 Exhibit 7 - Extracts of 4-11-07 depo of Pltfs Expert Meyers)(Barringer-Thomson, Marilyn)
April 24, 2007 214 Featured Case ORDER granting 213 Motion for Extension of Time to File Response/Reply re 213 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 211 Order for Response, to Pltfs' [Doc. 210] & [Doc. 207] Responses/Reply due on or before midnight 4/24/2007. Signed by Judge Lee R. West on 4/24/2007. (nm, )
April 23, 2007 213 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 211 Order for Response, to Pltfs' [Doc. 210] & [Doc. 207] by Debbie Foster. (Barringer-Thomson, Marilyn)
April 23, 2007 212 Featured Case ORDER denying 166 Motion for Reconsideration. Signed by Judge Lee R. West on 4/23/07. (lb)
April 18, 2007 211 Featured Case ORDER for Response re 210 Sealed Document (Motion for Protective Order) and re 207 MOTION to Compel Post-Judgment Discovery Responses and Brief in Support. Defendant to file her responses on or before 4/23/07. Signed by Judge Lee R. West on 4/18/07. (brs, )
April 17, 2007 210 SEALED DOCUMENT (Motion for Protective Order and Brief) by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (brs, )
April 17, 2007 209 NOTICE of Conventional Filing of Plaintiffs' Motion for Protective Order and Brief in Support by Charles L McLawhorn, III on behalf of all plaintiffs (McLawhorn, Charles)
April 17, 2007 208 RESPONSE in Opposition re 206 MOTION to Expedite Plaintiffs' objections, response & production of documents filed by all plaintiffs. (McLawhorn, Charles)
April 17, 2007 207 MOTION to Compel Post-Judgment Discovery Responses and Brief in Support by all plaintiffs. (Attachments: # 1 Exhibit 1 - Post-Judgment Requests for Production of Documents# 2 Exhibit 2 - Objections and Responses to Post-Judgment Requests for Production of Documents# 3 Exhibit 3 - April 16, 2007 correspondence)(McLawhorn, Charles)
April 16, 2007 206 MOTION to Expedite Plaintiffs' objections, response & production of documents by Debbie Foster. (Attachments: # 1 Exhibit 1 - Defendant's 3-26-07 email request# 2 Exhibit 2 Defendant's March 30, 2007 Post Judgment Req for Production# 3 Exhibit 3 Court's March 15, 2007 Order Compelling Discovery from Plaintiffs)(Barringer-Thomson, Marilyn)
April 10, 2007 205 Featured Case PROTECTIVE ORDER. Signed by Judge Lee R. West on 4/10/07. (brs, )
April 10, 2007 204 Featured Case ORDER granting 187 Motion for Protective Order. Signed by Judge Lee R. West on 4/10/07. (brs, )
April 6, 2007 203 Featured Case ORDER: the Court finds that the dft's reply would not asssist its determination of this matter. The dft's Motion for Leave to File a Reply [doc.no 201], is therefore DENIED. Signed by Judge Lee R. West on 4/6/07. (fp, )
April 6, 2007 202 Featured Case ORDER granting in part and denying in part 197 the relief requested by the dft. The Ct declines to quash the plfs' notice for deposition at this time, but instead strikes the date of said deposition and orders that the deposition of Richard B. Wilkinson shall commence immediately following the depositions of the plfs' as yet unidentified expert witnesses. In the event that the plfs fail to identify their expert witnesses and submit their experts' reports on April 9 as required purs to this Court's March 20 order, the dft's motion to quash shall be deemed Granted (more fully set out).. Signed by Judge Ronald A White on 4/6/07. (fp, )
April 5, 2007 201 FIRST MOTION for Leave to File Reply to Plaintiffs Doc. 200, Opposition to Motion to Quash by Debbie Foster. (Barringer-Thomson, Marilyn)
April 5, 2007 200 RESPONSE in Opposition re 197 MOTION to Quash Plaintiffs' Untimely Notice to Depose Defendant's Expert Richard B. Wilkinson and plaintiffs untimely notice for production of documents filed by all plaintiffs. (McLawhorn, Charles)
April 5, 2007 199 REPLY by Plaintiffs Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc re 187 MOTION for Protective Order filed by all plaintiffs. (McLawhorn, Charles)
April 4, 2007 198 Featured Case ORDER granting 196 Plaintiffs' Motion for Leave to File Reply within 3 days of the date of this order. Signed by Judge Lee R. West on 4/4/07. (brs, )
April 4, 2007 197 MOTION to Quash Plaintiffs' Untimely Notice to Depose Defendant's Expert Richard B. Wilkinson and plaintiffs untimely notice for production of documents by Debbie Foster. (Attachments: # 1 Attachment 1 - Horsewood v Toys R US Ks.# 2 Attachment 2 - KS LCVR 30.1)(Barringer-Thomson, Marilyn)
April 4, 2007 196 MOTION for Leave to File Reply In Support Of Motion For Entry Of Protective Order by all plaintiffs. (McLawhorn, Charles)
April 3, 2007 EXHIBIT 1 to Document number 194 filed conventionally under seal by Defendant Debbie Foster. (brs, )
April 3, 2007 195 NOTICE to Take Deposition of Richard Wilkinson by all plaintiffs. (Gabriel, Richard)
April 3, 2007 194 OBJECTIONS re 187 MOTION for Protective Order with Defendant's Exhibit1 filed conventionally under seal for Court's in camera review with copy mailed to McAfee & Taft, Plaintiffs' local counsel filed by Debbie Foster. (Barringer-Thomson, Marilyn)
March 29, 2007 193 Featured Case ORDER granting 190 Motion to Compel (as more fully set out in order). Signed by Judge Lee R. West on 3/29/07. (brs, )
March 29, 2007 192 OBJECTIONS re 190 SECOND MOTION to Compel and Motion for Order to Expedite Discovery pertaining to Plaintiffs' expert witness(es) on the reasonableness of the hours expended, 191 Response in Opposition to Motion and Motion to Strike filed by Debbie Foster. (Barringer-Thomson, Marilyn)
March 28, 2007 191 RESPONSE in Opposition re 190 SECOND MOTION to Compel and Motion for Order to Expedite Discovery pertaining to Plaintiffs' expert witness(es) on the reasonableness of the hours expended filed by all plaintiffs. (Gabriel, Richard)
March 28, 2007 Docket Annotation: Document Entry 185 is hereby corrected to read: that the defendant's Motion for Enforcement of Order re 183 be Granted in Part and Denied in Part. (brs, )
March 27, 2007 190 SECOND MOTION to Compel and Motion for Order to Expedite Discovery pertaining to Plaintiffs' expert witness(es) on the reasonableness of the hours expended by Debbie Foster. (Barringer-Thomson, Marilyn)
March 27, 2007 189 NOTICE to Take Deposition of Plaintiffs' Expert Witnesses by Debbie Foster. (Barringer-Thomson, Marilyn)
March 26, 2007 188 Featured Case ORDER for Response on or before 4/3/2007 re 187 MOTION for Protective Order filed by UMG Recordings Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, BMG Music, Capitol Records Inc, Arista Records LLC, Maverick Recording Company. Signed by Judge Lee R. West on 3/26/07. (brs, )
March 22, 2007 187 MOTION for Protective Order by all plaintiffs. (Attachments: # 1 Exhibit A - Email# 2 Exhibit B - Declaration of Kenneth L. Doroshow)(Martin, Colin)
March 22, 2007 186 RESPONSE in Opposition re 183 FIRST MOTION to Enforce March 15, 2007 Order Compelling Discovery and Request for Emergency Hearing and Joinder in Request for Emergency Hearing filed by all plaintiffs. (Martin, Colin)
March 22, 2007 185 Featured Case ORDER granted in part and deferred in part 183 Motion to Enforce as more fully set out. Signed by Judge Lee R. West on 3/22/2007. (nm, )
March 22, 2007 Docket Annotation: The text in Document Entry #184, should reflect the pleading attached is a REPLY to Motion for Reconsideration rather than a Response, as it was entered. (ap, )
March 22, 2007 184 RESPONSE in Support re 166 MOTION for Reconsideration re 161 Order on Motion for Attorney Fees, Order on Motion for Order, Order on Motion for Leave to,,, MOTION for Reconsideration re 161 Order on Motion for Attorney Fees, Order on Motion for Order, Order on Motion for Leave to,,, filed by all plaintiffs. (Martin, Colin)
March 21, 2007 183 FIRST MOTION to Enforce March 15, 2007 Order Compelling Discovery and Request for Emergency Hearing by Debbie Foster. (Attachments: # 1 Exhibit 1 - Def's 3-16-07 & 3-20-07 emails# 2 Exhibit 2 - Plaintiffs' counsel's availability# 3 Exhibit 3 - Plaintiffs' 3-20-07 email re pltfs' motion# 4 Exhibit 4 - Def Ex 4 - Pltfs' counsel's recitations in Mrs. Stubbs case regarding briefs in Foster)(Barringer-Thomson, Marilyn)
March 15, 2007 182 Featured Case ORDER granting 171 Motion to Compel Discovery on or before 2/26/07. Signed by Judge Lee R. West on 3/15/07. (brs, )
March 15, 2007 181 Featured Case ORDER granting 180 Motion for Leave to File Reply in Further Support of The Motion for Reconsideration on or before 3/22/07. Signed by Judge Lee R. West on 3/15/07. (brs, )
March 14, 2007 180 MOTION for Leave to File Reply in Further Support of Plaintiff's Motion for Reconsideration by all plaintiffs. (Martin, Colin)
March 14, 2007 179 RESPONSE in Opposition re 171 FIRST MOTION to Compel Discovery from Plaintiffs filed by all plaintiffs. (Martin, Colin)
March 14, 2007 178 NOTICE (other) by Debbie Foster re 171 FIRST MOTION to Compel Discovery from Plaintiffs - Plaintiffs failure to answer (Attachments: # 1 Exhibit A - Pltfs Request for Production mailed 3-6-07)(Barringer-Thomson, Marilyn)
March 12, 2007 177 OBJECTIONS re 166 MOTION for Reconsideration re 161 Order on Motion for Attorney Fees, Order on Motion for Order, Order on Motion for Leave to,,, MOTION for Reconsideration re 161 Order on Motion for Attorney Fees, Order on Motion for Order, Order on Motion for Leave to,,, and Response filed by Debbie Foster. (Attachments: # 1 Exhibit 1 Unpublished Opinion Voda v Cordis)(Barringer-Thomson, Marilyn)
March 2, 2007 176 Featured Case ORDER granting 168 Motion for Order to Modify the Courts 2/15/07 Order. Signed by Judge Lee R. West on 3/2/07. (brs, )
March 1, 2007 175 RESPONSE to Motion re 168 MOTION for Order to Allow Discovery from Plaintiffs in modification of 2-15-07 [Doc. 163] Order filed by all plaintiffs. (Attachments: # 1 Exhibit A)(Martin, Colin)
February 28, 2007 174 ENTRY of Appearance by Richard L Gabriel on behalf of all plaintiffs (Gabriel, Richard)
February 27, 2007 173 Featured Case ORDER denying 167 Motion to Clarify. Signed by Judge Lee R. West on 2/27/07. (brs, )
February 26, 2007 172 Featured Case ORDER regarding 168 Motion for Order. The Court orders the plaintiffs to file their objection, if any, on or before 3/1/07. Signed by Judge Lee R. West on 2/26/07. (brs, )
February 22, 2007 171 FIRST MOTION to Compel Discovery from Plaintiffs by Debbie Foster. (Attachments: # 1 Exhibit Def Debbie Foster's March 2006 Req for Production# 2 Exhibit 2 Pltfs' April 13, 2006 Objections in response to Def# 3 Exhibit 3 - Def Exhibit 3 10th Cir publ op U.S. ex rel Shaw v. AAA Engineering# 4 Exhibit 4 10th Cir publ opinion Robinson v City of Edmond)(Barringer-Thomson, Marilyn)
February 21, 2007 170 Receipt for Money Received from Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc in the amount of $50.00, receipt number 120707 regarding 164 MOTION for Leave to Appear Pro Hac Vice (brs, )
February 21, 2007 169 OBJECTIONS re 167 MOTION to Clarify Court's Orders dated 2-6-07 [Doc 161] & 2-15-07 [Doc. 167] filed by Debbie Foster. (Barringer-Thomson, Marilyn)
February 21, 2007 168 MOTION for Order to Allow Discovery from Plaintiffs in modification of 2-15-07 [Doc. 163] Order by Debbie Foster. (Attachments: # 1 Exhibit 1 - March 2006 Request for Production to Plaintiffs)(Barringer-Thomson, Marilyn)
February 21, 2007 167 MOTION to Clarify by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Martin, Colin)
February 21, 2007 166 MOTION for Reconsideration re 161 Order on Motion for Attorney Fees, Order on Motion for Order, Order on Motion for Leave to,,, by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Martin, Colin)
February 21, 2007 165 Featured Case ORDER granting 164 Motion to Appear Pro Hac Vice as to Richard L. Gabriel, subject to the payment of the required fee, submission of an entry of appearance, and registration for electronic case filing within 7 days. Signed by Judge Lee R. West on 2/21/07. (brs, )
February 21, 2007 164 MOTION for Leave to Appear Pro Hac Vice by BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Attachments: # 1 Exhibit 1)(McLawhorn, Charles)
February 15, 2007 163 Featured Case ORDER that the Court Grants plaintiffs until 4/16/07 to complete discovery regarding the attorneys' fee request; Directs defendant Deborah Foster to file any supplement to her application for attorneys' fee on or before 4/26/07; Directs plaintiffs to file their response to the defendant's application for attorneys' fees on or before 5/7/07; and Directs defendant to file any reply to the plaintiffs' response on or before 5/14/07. Signed by Judge Lee R. West on 2/15/07. (brs, )
February 13, 2007 162 STATUS REPORT by Plaintiffs Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Martin, Colin)
February 6, 2007 161 Featured Case ORDER granting in part and denying in part 129 Motion for Attorney Fees and Ordering plaintiffs to inform the Court on or before 2/13/07 of the amount of time they require for discovery into the issue of the reasonableness of the defendant's fee request; denying 131 Motion for Scheduling Order; denying 132 Motion for Leave to File Amici Brief. Signed by Judge Lee R. West on 2/6/07. (brs, )
January 11, 2007 Docket Annotation: Pleas disregard the previous Docket Annotation regarding document number 132 . The Docket Annotation was misfiled and the document 132 will be restored to the Pending Motions Report. (brs, )
January 11, 2007 Docket Annotation: Document number 132 is a Brief that was misfiled as a Motion. It will be removed from the Pending Motions report and considered as a Brief. (brs, )
December 28, 2006 Docket Annotation: The Order dated this date and filed as document 160 was signed by Judge West, not Judge Russell. (kw, )
December 28, 2006 160 Featured Case ORDER granting 159 Motion for Order allowing Defendant to substitute Defendant's executed answers to interrogatories dated 4/25/05 filed as 159 for the un-executed answers filed as 158 . Signed by Judge David L. Russell on 12/28/06. (kw, )
December 27, 2006 159 FIRST MOTION for Order To Substitute Def's Ex 2 (unexecuted ans to plaintiffs' interrogatories) with executed answers to plaintiffs' interrogatories by Debbie Foster. (Attachments: # 1 Exhibit 2 - Def's Executed Ans to Interrogatories 4-25-05 previously filed [Doc. 23])(Barringer-Thomson, Marilyn)
December 26, 2006 158 RESPONSE in Opposition re 156 FIRST MOTION for Leave to File Response to Distinguish Plaintiffs' Supplement Authority [Doc. 154] filed 11-30-06 pursuant to Court's 12-14-06 Order [Doc. 157] filed by Debbie Foster. (Attachments: # 1 Exhibit 1 - Debbie Foster's declarations filed 6-19-06 [Doc. 120]# 2 Exhibit 2 - Debbie Foster's Answers to Interrogatories [Doc. 23]# 3 Exhibit 3 Debbie Foster's Response to Req for Admissions# 4 Exhibit 4 - Pltf's 6-28-06 Application to Amend Complaint filed against Debbie Foster# 5 Attachment 1 - Debbie Foster's Pro Se Answer to Complaint# 6 Attachment 2 - Plaintiffs' Motion to Dismiss filed 9-5-06 in Clifford Thompson [Doc. 7]# 7 Attachment 3- 9-7-06 Clifford Thompson's Response to Motion to Dismiss [Doc. 9]# 8 Attachment 4 - Oct 19, 2006 Plaintiffs Motion to Dismiss[Doc. 12-1] with prejudice filed in case against Clifford Thompson)(Barringer-Thomson, Marilyn)
December 14, 2006 157 Featured Case ORDER granting 156 defendant's Motion for Leave to file a response to the supplemental authority within 7 days of the date of this order. Signed by Judge Lee R. West on 12/14/06. (brs, )
December 13, 2006 156 FIRST MOTION for Leave to File Response to Distinguish Plaintiffs' Supplement Authority [Doc. 154] filed 11-30-06 by Debbie Foster. (Barringer-Thomson, Marilyn)
December 4, 2006 155 Featured Case ORDER granting 154 Motion for Leave to file supplemental authority. Signed by Judge Lee R. West on 12/4/06. (brs, )
November 30, 2006 154 MOTION for Leave to File Supplemental Authority in Support of Plaintiffs' Opposition to Defendant's Motion for Attorneys' Fees by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Attachments: # 1 Exhibit A - Supplemental Authority)(Martin, Colin)
November 20, 2006 153 NOTICE by Debbie Foster, Debbie Foster re 152 Reply to Response to Motion,,,,,,,, of correction of attachments 1 (declaration) and submission of attachment 3 with prior citation to the district court record (Attachments: # 1 Attachment 1 - Final Declaration, pgs 1-2 (without draft pg.3)# 2 Attachment 3 - Def's April 25, 2005 Answers to Interrogatories previously filed [Doc. 50] on 9-2-05 as Def Ex. 1)(Barringer-Thomson, Marilyn)
November 15, 2006 152 REPLY to Response to Motion re 132 MOTION for Leave To File Amici Brief; Memorandum of Points and Authorities, 130 FIRST MOTION to Supplement Doc. 129 Memorandum of Points and Authorities in support of attorneys' fees, costs and expenses, 129 MOTION for Attorney Fees TO PLTFS RESPONSE [DOC. 143] filed by Debbie Foster, Debbie Foster. (Attachments: # 1 Attachment 1 - Declaration of Marilyn D. Barringer-Thomson in support of contemporaneous business records filed as exhibits# 2 Attachment 2 Index to Exhibits 1-37# 3 Exhibit 1 4-19-05 Notes re T. Webb# 4 Exhibit 2 - 4-19-05 T. Webb email re settlement authority# 5 Exhibit 3 - 4-20-05 phone notes of T.Webb assumptions# 6 Exhibit 4 - 4-21-05 Pltfs response to D.Foster settlement inquiry# 7 Exhibit 5 - 4-21-05 B. Williams atty settlement offer re Amanda Foster# 8 Exhibit 6 - 5-16-05 Wiltanger request D. Foster Affidavit# 9 Exhibit 7 - 5-23-05 phone notes re Kearney# 10 Exhibit 8 5-25-05 phone notes Kearney# 11 Exhibit 9 - 5-31-05 Kearney notes re discovery# 12 Exhibit 10 6-1-05 notes of phone call with Atty for Amanda Foster# 13 Exhibit 11 6-2-05 Counsel letter to Kearney# 14 Exhibit 12 6-3-05 Kearney letter to defense counsel# 15 Exhibit 13 6-7-05 letter to Kearney# 16 Exhibit 14 Kearney letter# 17 Exhibit 15 - joinder notes# 18 Exhibit 16 - depo request notes# 19 Exhibit 17 depo voice message# 20 Exhibit 18 email to Kearney# 21 Exhibit 19 email to Kearney# 22 Exhibit 20 email Kearney# 23 Exhibit 21 - Wiltanger phone notes# 24 Exhibit 22 req ext# 25 Exhibit 23 email Wiltanger# 26 Exhibit 24 - phone notes Wiltanger# 27 Exhibit 25 - def notes US Mag# 28 Exhibit 26 def notes Wiltanger billing request# 29 Exhibit 27 - US Magistrate email# 30 Exhibit 28 Magistrate email# 31 Exhibit 29 phone notes Ruh# 32 Exhibit 30 Ruh email opinion# 33 Exhibit 31 phone notes Ruh# 34 Exhibit 32 Ruh proposal billing records# 35 Exhibit 33 phone conf Ruh fees# 36 Exhibit 34 - phone notes Ruh fees# 37 Exhibit 35 Ruh email fees# 38 Exhibit 36 phone notes Ruh# 39 Exhibit 37 phone notes Ruh)(Barringer-Thomson, Marilyn)
November 9, 2006 151 Featured Case ORDER Ms Foster's 147 Motion for Extension of Time to File Response is GRANTED re 129 MOTION for Attorney Fees; Ms Foster's 148 Motion for "clarification" of the Court's order entered 10/19/06 is GRANTED; Ms Foster's 150 Motion to Supplement her motion for "clarification" is DENIED as moot; Replies due by 11/15/2006.. Signed by Judge Lee R. West on 11/9/06. (ap, )
November 8, 2006 150 FIRST MOTION to Supplement to Motion for extension and Motion for clarification by Debbie Foster, Debbie Foster. (Attachments: # 1 Exhibit 1 - 3-9-06 email from James Ruh regarding settlement negotiations with proposed amount of settlement)(Barringer-Thomson, Marilyn)
November 7, 2006 149 RESPONSE in Opposition re 148 FIRST MOTION to Clarify October 19, 2006 Order re LCVR 16.2 and FRE 408, 147 FIRST MOTION for Extension of Time to File Response/Reply as to 145 Order on Motion for Leave to File Reply to Plaintiffs' Oppos to Motion for Attorney's Fees [Doc. 143] and [Doc. 146] filed by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Attachments: # 1 Exhibit A - Declaration of James Ruh)(Martin, Colin)
November 7, 2006 148 FIRST MOTION to Clarify October 19, 2006 Order re LCVR 16.2 and FRE 408 by Debbie Foster, Debbie Foster. (Barringer-Thomson, Marilyn)
November 6, 2006 147 FIRST MOTION for Extension of Time to File Response/Reply as to 145 Order on Motion for Leave to File Reply to Plaintiffs' Oppos to Motion for Attorney's Fees [Doc. 143] and [Doc. 146] by Debbie Foster, Debbie Foster. (Attachments: # 1 Exhibit 1 - email communications Oct 12- 24 2006)(Barringer-Thomson, Marilyn)
October 27, 2006 146 SUPPLEMENT re 143 Response in Opposition to Motion,, by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Attachments: # 1 Exhibit 1 - Opinion and Order)(Martin, Colin)
October 19, 2006 145 Featured Case ORDER granting 144 Motion for Leave to File Reply on or before 11/6/06 . Signed by Judge Lee R. West on 10/19/06. (brs, )
October 12, 2006 144 FIRST MOTION for Leave to File Reply to Defendant's Response in Opposition to Defendant's Motion for Attorneys' Fees by Debbie Foster, Debbie Foster. (Attachments: # 1 Exhibit 1 - Defendant's 3-11-06 Req for Production# 2 Exhibit 2 - April 13, 2006 Pltfs Objections to Def's Req for Production# 3 Exhibit 3 - LCvR 16.2 Judicial Settlement Conference)(Barringer-Thomson, Marilyn)
September 8, 2006 143 RESPONSE in Opposition re 129 MOTION for Attorney Fees filed by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc, Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Attachments: # 1 Exhibit A - 7/13/06 order# 2 Exhibit B - Koransky declaration# 3 Exhibit C - Gerber declaration# 4 Exhibit D - German declaration# 5 Exhibit E - Cooper declaration# 6 Exhibit F - Wiltanger declaration# 7 Exhibit G - 1/31/06 Civil Minutes# 8 Exhibit H - 5/19/05 Opinion# 9 Exhibit I - 4/17/06 order)(Martin, Colin)
August 31, 2006 142 NOTICE by Debbie Foster, Debbie Foster re 141 Response in Opposition to Motion,, 132 MOTION for Leave To File Amici Brief; Memorandum of Points and Authorities Request for Judicial Notice FRE 201 (Attachments: # 1 Attachment 1 - Answer and Counterclaim of Tallie Stubbs Civ-06-793-VML# 2 Attachment 2 - Aug 24, 2006 Plaintiffs Motion to Dismiss Civ-06-793-VML)(Barringer-Thomson, Marilyn)
August 28, 2006 141 RESPONSE in Opposition re 132 MOTION for Leave To File Amici Brief; Memorandum of Points and Authorities filed by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Martin, Colin)
August 18, 2006 140 RESPONSE in Opposition re 131 FIRST MOTION for Order setting deadlines re Doc. 129 Defendants award of attorneys' fees costs & expenses filed by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Martin, Colin)
August 17, 2006 139 Featured Case ORDER granting re 138 Motion for Extension of Time to File Response re 129 MOTION for Attorney Fees. Response due by 9/8/2006. Signed by Judge Lee R. West on 8/17/06. (brs, )
August 16, 2006 138 MOTION for Extension of Time to File Response/Reply as to 129 MOTION for Attorney Fees by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Martin, Colin)
August 16, 2006 137 Featured Case ORDER Granting Defendant's Motion for Order Allowing Substitution re 135 . Signed by Judge Lee R. West on 8/16/06. (brs, )
August 15, 2006 136 NOTICE by Debbie Foster, Debbie Foster LCvR 7.3(e) cited authority provided to Court (Attachments: # 1 Attachment 1 - Arista Records Inc v Mp3 Board# 2 Attachment 2 Newborn v Yahoo!, Inc. and Google Inc.# 3 Attachment 3 Lowe v Loud Records# 4 Attachment 4 Baker v Urban Outfitters# 5 Attachment 5 Adsani v Miller# 6 Attachment 6 Peer Int'l Corp v Max Music Entmt# 7 Attachment 7 Granada Sales Corp v Aumer)(Barringer-Thomson, Marilyn)
August 15, 2006 135 NOTICE by Debbie Foster, Debbie Foster re 134 Supplement,,, Substitution of 8-14-06 Decl Warren W. Henson with original (Attachments: # 1 Affidavit Declaration of Warren W. Henson III executed original)(Barringer-Thomson, Marilyn)
August 14, 2006 134 SUPPLEMENT re 129 MOTION for Attorney Fees by Debbie Foster, Debbie Foster. (Attachments: # 1 Attachment 1 Declaration of Marilyn D. Barringer-Thomson# 2 Attachment 2 Declaration of Warren W. Henson III# 3 Exhibit 1 - Interim Billing Statement# 4 Exhibit 2- 4-21-06 Plaintiffs' proposed stipulation of judgment to defendant# 5 Exhibit 3 - 5-20-05 Def's counsel's letter re contacts from attorneys# 6 Exhibit 4 - 6-7-05 Def's written settlement offer# 7 Exhibit 5 - 6-7-05 Pltfs' response to def's written settlement offer# 8 Exhibit 6 6-2-05 Def's Letter to Pltfs re settlement# 9 Exhibit 7 7-7-05 Pltfs' email re deposition of def Debbie Foster# 10 Exhibit 8 - 6-5-05 Pltfs' letter to def's counsel M. Barringer-Thomson misrepresenting that she is the defendant Debbie Foster)(Barringer-Thomson, Marilyn)
August 10, 2006 133 Featured Case ORDER granting 130 defendant's Motion to Supplement on or before 8/14/06 . Signed by Judge Lee R. West on 8/10/06. (brs, )
August 10, 2006 132 MOTION for Leave To File Amici Brief; Memorandum of Points and Authorities by Patrick E. Carr, Jason M Schultz. (Attachments: # 1 Attachment 1-Declaration of JMS In Support of Mtn For Leave to File Brief Amici Curiae# 2 Attachment 2-Brief of Amici Curiae AALL, ACLU, ACLU of OK Foundation, EFF, and PC in Support of Def Debbie Foster's Mtn for Atty Fees)(Carr, Patrick)
August 9, 2006 131 FIRST MOTION for Order setting deadlines re Doc. 129 Defendants award of attorneys' fees costs & expenses by Debbie Foster, Debbie Foster. (Barringer-Thomson, Marilyn)
August 9, 2006 130 FIRST MOTION to Supplement Doc. 129 Memorandum of Points and Authorities in support of attorneys' fees, costs and expenses by Debbie Foster, Debbie Foster. (Barringer-Thomson, Marilyn)
August 7, 2006 129 MOTION for Attorney Fees by Debbie Foster, Debbie Foster. (Attachments: # 1 Exhibit 1 Declaration of Richard B. Wilkinson)(Barringer-Thomson, Marilyn)
July 21, 2006 128 Featured Case ORDER granting 127 Motion for Extension of Time to File the application for attorneys' fees on or before 8/7/06 . Signed by Judge Lee R. West on 7/21/06. (brs, )
July 21, 2006 127 UNOPPOSED MOTION for Extension of Time to Comply With Court's July 13, 2006 Orders [Doc.125-126] by Debbie Foster, Debbie Foster. (Barringer-Thomson, Marilyn)
July 13, 2006 126 Featured Case ORDER DISMISSING CASE. Signed by Judge Lee R. West on 7/13/06. (brs, )
July 13, 2006 125 Featured Case ORDER the the Court Dismisses with prejudice the claims brought by plaintiffs against the defendant Deborah Foster; Dismisses without prejudice Deborah Foster's declaratory judgment counterclaim against the plaintiffs; Finds that the defendant Deborah Foster is the prevailing party in this action and is thus eligible for an award of attorneys fees; Finds that the Defendant's Motion for Leave to File Motion for Summary Judgment is moot and therefore Denied; Finds that the plaintiffs' Application for Extension of Time to Respond to Defentant's Motion for Leave to File Motion for Summary Judgment is moot and therefore Denied; Finds that the plaintiffs' Application for Leave to File Reply Brief is moot and is therefore Denied re 107 , 122 , 123 , 124 . Signed by Judge Lee R. West on 7/13/06. (brs, )
July 10, 2006 124 MOTION for Leave to File Reply Brief by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (McLawhorn, Charles)
July 10, 2006 123 MOTION for Extension of Time to File Response/Reply as to 122 FIRST MOTION for Leave to file Motion for Summary Judgment, schedule briefing, & set for hearing by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (McLawhorn, Charles)
June 20, 2006 122 FIRST MOTION for Leave to file Motion for Summary Judgment, schedule briefing, & set for hearing by Debbie Foster, Debbie Foster. (Barringer-Thomson, Marilyn)
June 20, 2006 121 NOTICE by Debbie Foster, Debbie Foster Certificate of Electronic Service [Doc. 120] (Barringer-Thomson, Marilyn)
June 19, 2006 120 RESPONSE to Motion re 107 MOTION to Dismiss Claims Against Debbie Foster With Prejudice and to Dismiss as Moot Defendant Debbie Foster's Declaratory Judgment Counterclaim filed by Debbie Foster, Debbie Foster. (Attachments: # 1 Exhibit 1 Declaration of D. Foster# 2 Exhibit 2 April 21, 2005 letter of atty for Amanda Foster# 3 Exhibit 3 8-19-04 Letter from Cox Communications to Plaintiffs counsel# 4 Exhibit 4 9-2-04 Letter from Plaintiffs counsel Mitchell Silberberg to Defendant D. Foster# 5 Exhibit 5- Examples of email communications between counsel for D. Foster and opposing counsel# 6 Attachment Unpublished opinion Highway Equipment Co. v. Feco)(Barringer-Thomson, Marilyn)
June 13, 2006 119 Featured Case ORDER granting 118 Motion for Extension of Time to File Response re 107 MOTION to Dismiss Claims Against Debbie Foster With Prejudice and to Dismiss as Moot Defendant Debbie Foster's Declaratory Judgment Counterclaim. Response due by 6/19/2006. Signed by Judge Lee R. West on 6/13/06. (brs, )
June 9, 2006 118 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 116 Order on Motion to Stay Case,, by Debbie Foster, Debbie Foster. (Barringer-Thomson, Marilyn)
May 30, 2006 117 Featured Case PROTECTIVE ORDER. Signed by Judge Lee R. West on 5/30/06. (brs, )
May 19, 2006 116 Featured Case ORDER granting Defendant's Motion re 115 to the extent Ms. Foster's motion seeks a continuance of her response time. The Court Orders plaintiffs to submit to the Court the parties' agreed protective order on or before 5/26/06; plaintiffs to submit to the defendant their discovery responses and attendant privilege log on or before 6/5/06; and the defendant is to file her response to plaintiffs' Motion to Dismiss Claims and to Dismiss as Moot the Declaratory Judgment Counterclaim on or before 6/12/06. Signed by Judge Lee R. West on 5/19/06. (brs, )
May 17, 2006 115 FIRST MOTION to Stay Case re 107 MOTION to Dismiss Claims Against Debbie Foster With Prejudice and to Dismiss as Moot Defendant Debbie Foster's Declaratory Judgment Counterclaim, 108 Affidavit,,, 111 Objections,, 113 Order on Motion for Extension of Time to File Response brief and exhibits pending entry of protective order, production of documents and privilege log by plaintiffs to Defendant by Debbie Foster, Debbie Foster. (Attachments: # 1 Exhibit 1 _ 5-8-06 Letter re disputed discovery# 2 Exhibit 2 _ 5-16-06 email from J. Ruh re Plaintiffs' agreement# 3 Exhibit 3_ 5-16-06 email summary of agreement re discovery# 4 Exhibit 4_ 5-16-06 Plaintiffs anticipated production method and date# 5 Exhibit 5_5-16-06 email re addresses and telephone numbers)(Barringer-Thomson, Marilyn)
April 10, 2006 114 Featured Case ORDER granting 109 Motion to Withdraw as Attorney. Attorney Daniel A Nickel; Michael E Sellers; James M Sturdivant; John M Benson and David L Kearney terminated. Signed by Judge Lee R. West on 4/10/06. (lb)
April 6, 2006 113 Featured Case ORDER granting 112 Motion for Extension of Time to File the Response to the Motion to Dismiss on or before 5/17/06. Signed by Judge Lee R. West on 4/6/06. (brs, )
April 5, 2006 112 UNOPPOSED MOTION for Extension of Time [Doc. 107-108] by Debbie Foster, Debbie Foster. (Barringer-Thomson, Marilyn)
April 5, 2006 111 OBJECTIONS re 109 MOTION to Withdraw as Attorney David Kearney, Daniel Nickel, James Sturdivant, John Benson and Michael Sellers and other counsel for Plaintiffs filed by Debbie Foster, Debbie Foster. (Attachments: # 1 Exhibit 1 - April 2005 Capitol Records Ans to Interrogs# 2 Exhibit 2 Capital Records Resp to Reqs for Admissions# 3 Exhibit 3 Capitol Resp to Req for Production# 4 Exhibit 4 - March 2006 Discovery Req by Def)(Barringer-Thomson, Marilyn)
April 5, 2006 110 Featured Case ORDER granting 106 Motion to Withdraw as Attorney. Attorney Matthew J Wiltanger terminated . Signed by Judge Lee R. West on 4/5/06. (brs, )
March 23, 2006 109 MOTION to Withdraw as Attorney David Kearney, Daniel Nickel, James Sturdivant, John Benson and Michael Sellers by Capitol Records Inc. (Kearney, David)
March 23, 2006 108 AFFIDAVIT re 107 MOTION to Dismiss Claims Against Debbie Foster With Prejudice and to Dismiss as Moot Defendant Debbie Foster's Declaratory Judgment Counterclaim by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Attachments: # 1 Exhibit A - Declaration of Steve Koransky# 2 Exhibit B - Declaration of Dennis Gerber# 3 Exhibit C - Declaration of Eric German# 4 Exhibit D - Declaration of Charles Cooper# 5 Exhibit E - Declaration of Matthew Wiltanger)(Martin, Colin)
March 17, 2006 107 MOTION to Dismiss Claims Against Debbie Foster With Prejudice and to Dismiss as Moot Defendant Debbie Foster's Declaratory Judgment Counterclaim by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Martin, Colin)
March 17, 2006 106 MOTION to Withdraw as Attorney Matthew Wiltanger of Shook, Hardy & Bacon L.L.P. by Capitol Records Inc. (Kearney, David)
March 14, 2006 105 ENTRY of Appearance by Colin G Martin on behalf of all plaintiffs (Martin, Colin)
March 6, 2006 104 Featured Case ORDER granting 103 Motion for Extension of Time to File the Motion to Voluntarily Dismiss With Prejudice on or before 3/17/06 . Signed by Judge Lee R. West on 3/6/06. (brs, )
March 1, 2006 103 UNOPPOSED MOTION for Extension of Time by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Harrell, Shawn)
March 1, 2006 102 Featured Case SCHEDULING ORDER: Plaintiffs to file their Motion to Dismiss Claim and Counterclaims and to brief said issues along with the issue of Defendant's entitlement to attorney fees by 3/3/2006; Response due 4/7/2006; Reply due 10 days t/a . Signed by Judge Lee R. West on 3/1/06. (brs, )
February 28, 2006 101 ENTRY of Appearance by James C Ruh on behalf of all plaintiffs (Ruh, James)
February 24, 2006 100 ENTRY of Appearance by Nadia A Sarkis on behalf of all plaintiffs (Sarkis, Nadia)
February 22, 2006 99 JOINT DISCOVERY PLAN by Plaintiffs Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Harrell, Shawn)
February 22, 2006 98 STATUS REPORT (Joint) by Plaintiffs Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Harrell, Shawn)
February 21, 2006 97 Featured Case ORDER granting 94 Motion for Leave to Appear Pro Hac Vice as to Nadia A. Sarkis for plaintiffs . Signed by Judge Lee R. West on 2/21/06. (brs, )
February 21, 2006 96 Featured Case ORDER granting 93 Motion for Leave to Appear Pro Hac Vice as to James C. Ruh for the plaintiffs. Signed by Judge Lee R. West on 2/21/06. (brs, )
February 17, 2006 95 Receipt for Money Received from Plaintiffs Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc in the amount of $100.00, receipt number #114967 regarding 94 MOTION for Leave to Appear pro hac vice on behalf of Nadia A. Sarkis, 93 MOTION for Leave to Appear pro hac vice on behalf of James C. Ruh (brs, )
February 16, 2006 94 MOTION for Leave to Appear pro hac vice on behalf of Nadia A. Sarkis by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Attachments: # 1 Exhibit 1 - Request for Admission Pro Hac Vice)(Harrell, Shawn)
February 16, 2006 93 MOTION for Leave to Appear pro hac vice on behalf of James C. Ruh by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Attachments: # 1 Exhibit 1 - Request for Admission pro hac vice)(Harrell, Shawn)
February 16, 2006 92 ENTRY of Appearance by Charles L McLawhorn, III on behalf of all plaintiffs (McLawhorn, Charles)
February 16, 2006 91 ENTRY of Appearance by Shawn E Harrell on behalf of all plaintiffs (Harrell, Shawn)
February 2, 2006 90 DOCKET: Scheduling Conference set for 3/1/2006 at 10:00 AM in Chambers before Honorable Lee R. West. (brs, )
January 31, 2006 Reset Hearings: Scheduling Conference set for 3/1/2006 at 10:00 AM in Chambers before Honorable Lee R. West. (brs, )
January 31, 2006 89 Featured Case ORDER granting 88 Motion to Continue Status/Scheduling Conference to the March 1, 2006 docket with the Joint Status and Scheduling Conference Report and Joint Discovery Plan due on or before 2/22/06 . Signed by Judge Lee R. West on 1/31/06. (brs, )
January 31, 2006 88 JOINT MOTION to Continue Status & Scheduling Conference by Debbie Foster. (Barringer-Thomson, Marilyn)
January 25, 2006 87 Featured Case ORDER granting 86 Motion for Extension of Time to File their Joint Status and Scheduling Conference Report and Joint Discovery Plan by noon on 1/31/06 . Signed by Judge Lee R. West on 1/25/06. (brs, )
January 24, 2006 86 JOINT MOTION for Extension of Time by Debbie Foster. (Barringer-Thomson, Marilyn)
January 11, 2006 85 Featured Case ENTER ORDER An early settlement conference was held on January 11, 2006, before Judge Valerie K.Couch. Appearing as lead trial counsel for Plaintiffs was David Kearney. Also appearingon behalf of Plaintiffs was Matthew Wiltanger. Appearing as lead trial counsel forDefendant was Marilyn Barringer-Thomson. Also appearing on behalf of Defendant wasWarren Henson. The settlement conference was adjourned and will be continued untilJanuary 27, 2006, via telephone conferences.ABOVE ORDER ENTERED BY DIRECTION OF UNITED STATES MAGISTRATE JUDGEVALERIE K. COUCH.re 83 Order Setting Settlement Conference. Signed by Judge Valerie K. Couch on 1/11/06. (sr, )
December 16, 2005 84 DOCKET: Scheduling Conference set for 2/1/2006 at 09:00 AM in Chambers before Honorable Lee R. West. (brs, )
December 8, 2005 83 Featured Case ORDER SETTING SETTLEMENT CONFERENCE Settlement Conference set for 1/10/2006 01:30 PM in Chambers before Magistrate Judge Valerie K. Couch.Order entered by Judge Valerie K. Couch on 12/8/05. (ch, )
December 7, 2005 82 Featured Case SCHEDULING ORDER: Conference held. Default Judgment will be granted as to Amanda Foster by further order. A Settlement Conference will be scheduled before a Magistrate Judge in January and this case will be reset to the February Status/Scheduling Conference docket, both by further orders of the Court . Signed by Judge Lee R. West on 12/7/05. (brs, )
December 7, 2005 81 Featured Case ORDER granting 78 Motion for Default Judgment against Amanda Foster . Signed by Judge Lee R. West on 12/7/05. (brs, )
November 30, 2005 80 JOINT DISCOVERY PLAN by Plaintiff Capitol Records Inc. (Kearney, David)
November 30, 2005 79 JOINT STATUS REPORT by Plaintiff Capitol Records Inc. (Kearney, David)
November 29, 2005 78 MOTION for Default Judgment as to Amanda Foster and Declaration of David Kearney by Capitol Records Inc. (Attachments: # 1 Exhibit A to Application# 2 Exhibit A to Ex. A# 3 Exhibit B to Ex. A# 4 Exhibit B-1 to Ex. A# 5 Exhibit B-2 to Ex. A# 6 Exhibit B-3 to Ex. A# 7 Exhibit B-4 to Exhibit A# 8 Exhibit B-5 to Ex. A# 9 Exhibit B-6 to Ex. A# 10 Exhibit B-7 to Ex. A# 11 Exhibit B-8 to Ex A# 12 Exhibit B-9 to Ex. A# 13 Exhibit B-10 to Ex. A# 14 Exhibit B-11 to Ex. A# 15 Exhibit B to Application# 16 Exhibit A to Ex. B# 17 Exhibit B to Ex. B.# 18 Exhibit B-1 to Ex. B# 19 Exhibit B-2 to Ex. B# 20 Exhibit B-3 to Ex. B# 21 Exhibit B-4 to Ex B# 22 Exhibit B-5 to Ex. B# 23 Exhibit B-6 to Ex.B# 24 Appendix B-7 to Ex. B# 25 Exhibit B-8 to Ex.B# 26 Exhibit B- 9 to Ex. B# 27 Exhibit B-10 to Ex. B# 28 Exhibit B-11 to Ex. B# 29 Exhibit B-12 to Ex. B# 30 Exhibit C to Application)(Kearney, David)
November 21, 2005 77 NOTICE by Capitol Records Inc of Entry of Default By Clerk of Defendant Amanda Foster (Attachments: # 1 Exhibit A)(Kearney, David)
November 21, 2005 Docket Annotation: Document number 75 is hereby considered removed from this record as being filed in error. (brs, )
November 18, 2005 Docket Annotation: Document number 76 is stricken as filed in the wrong case (brs, )
November 18, 2005 76 DOCKET: Scheduling Conference set for 1/4/2006 at 09:00 AM in Chambers before Honorable Lee R. West. (brs, )
November 18, 2005 75 NOTICE by Capitol Records Inc Entry of Default by Clerk (Kearney, David)
November 15, 2005 74 Clerk's ENTRY OF DEFAULT as to Defendant Amanda Foster (brs, )
November 14, 2005 73 MOTION for Entry of Default Against Amanda Foster; Declaration of David Kearney by Capitol Records Inc. (Attachments: # 1 Exhibit A&B)(Kearney, David)
October 25, 2005 72 Plaintiffs' ANSWER to Complaint Defendant's Declatory Judgment Counterclaim by Capitol Records Inc.(Kearney, David)
October 24, 2005 71 AFFIDAVIT of Service for Summons/First Amended Complaint served on Amanda Foster on 10/9/2005, filed by Plaintiff Capitol Records Inc. (Kearney, David)
October 17, 2005 70 DOCKET: Scheduling Conference set for 12/7/2005 at 09:00 AM in Chambers before Honorable Lee R. West. (brs, )
October 14, 2005 69 Featured Case ORDER granting 68 Motion to Continue Scheduling Conference to the December docket. Signed by Judge Lee R. West on 10/14/05. (brs, )
October 14, 2005 68 MOTION to Continue Status Conference and Related Deadlines by Capitol Records Inc. (Kearney, David)
October 5, 2005 67 Featured Case ORDER that the Plaintiffs' Motion to Strike Defendant Deborah Foster's Counterclaim for a Declaratory Judgment of Non-Infringement is Denied. Their Motion to Dismiss Ms. Foster's Counterclaim for Prima Facia Tort is Granted re 41 . Signed by Judge Lee R. West on 10/5/05. (brs, )
October 4, 2005 66 ENTRY of Appearance by Matthew J Wiltanger on behalf of Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc, Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc (Wiltanger, Matthew)
October 3, 2005 Summons Issued as to Amanda Foster. (brs, )
October 3, 2005 65 PRAECIPE for 1 summons by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (brs, )
September 30, 2005 64 Featured Case ORDER finding as moot 60 Motion to Shorten Time . Signed by Judge Lee R. West on 9/30/05. (brs, )
September 29, 2005 63 OBJECTIONS re 61 Order on Motion for Discovery,, 60 MOTION for Discovery to Shorten Time with Response to Discovery filed by Debbie Foster. (Barringer-Thomson, Marilyn)
September 26, 2005 62 Featured Case ORDER granting Motion to Strike the Entry of Default against Amanda Foster re 59 , 49 , 52 , 54 . Signed by Judge Lee R. West on 9/26/05. (brs, )
September 26, 2005 61 Featured Case ORDER regarding 60 plaintiff's Motion to shorten time to respond to discovery. If Deborah Foster has any objection to the motion, she is ordered to file such objection within 5 days from the date of this order . Signed by Judge Lee R. West on 9/26/05. (brs, )
September 22, 2005 60 MOTION for Discovery to Shorten Time by Capitol Records Inc. (Kearney, David)
September 22, 2005 59 MOTION to Strike Entry of Default by Capitol Records Inc. (Kearney, David)
September 22, 2005 58 REPLY by Plaintiff Capitol Records Inc to Defendant's Response to Motion to Dismiss Defendant's Prima FAcie Tort Counterclaim and to Strike Defendant's Declaratory Judgment Counterclaim filed by Capitol Records Inc. (Kearney, David)
September 20, 2005 57 Featured Case ORDER granting 56 Motion for Leave to File Reply on or before 9/26/05 . Signed by Judge Lee R. West on 9/20/05. (brs, )
September 16, 2005 56 MOTION for Leave to File Reply to Defendant Deborah Foster's Responses to Plaintiffs' Motion to Dismiss Defendant's Prima Facie Tort Counterclaim and Plaintiffs' Motion to Strike Defendant's Declaratory Judgment Counterclaim by Capitol Records Inc. (Kearney, David)
September 14, 2005 55 DOCKET: Scheduling Conference set for 11/2/2005 at 09:10 AM in Chambers before Honorable Lee R. West. (brs, )
September 9, 2005 54 NOTICE by Capitol Records Inc of Entry of Default by Clerk Against Amanda Foster (Attachments: # 1 Exhibit A)(Kearney, David)
September 8, 2005 53 Featured Case ORDER because Ms Foster has failed to comply with the provisions of Local Rule 7.2(c), her 50 Motion for Summary Judgment must be denied; the Court finds that the 51 MOTION to Supplement Response [Doc. 50] Unopposed with Exhibits previously filed herein filed by Debbie Foster should be GRANTED; the supplemental exhibits will be considered to the extent they relate to Ms Foster's response to the plfs' mtn; to the extent the supplemental exhibits relate to her mtn for summary judgment, they will be disregarded.. Signed by Judge Lee R. West on 9/8/05. (ap, )
September 6, 2005 52 Clerk's ENTRY OF DEFAULT as to Defendant Amanda Foster (nm, )
September 6, 2005 51 MOTION to Supplement Response [Doc. 50] Unopposed with Exhibits previously filed herein by Debbie Foster. (Attachments: # 1 Exhibit 1 - Ans to Interrogatories# 2 Exhibit 2 - Response to Reqs for Admissions# 3 Exhibit 3 - Article Digital Media# 4 Exhibit 4 - Windows Media Tech Article# 5 Exhibit 5 - Article 4-15-04 The Daily Oklahoman# 6 Exhibit 6 10th cir unpublished op Polin v Jews for Jesus)(Barringer-Thomson, Marilyn)
September 2, 2005 50 RESPONSE to Motion re 47 MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Dismiss Defendant's Prima Facie Tort Counterclaim and to Strike Defendant's Declaratory Judgment Counterclaim, 24 UNOPPOSED MOTION to Supplement Response [Doc. 22] filed 5-17-05, 41 MOTION to Dismiss Defendant's Prima Facie Tort Counterclaim and to Strike Defendant's Declaratory Judgment Counterclaim See Doc. 23,24,25 exhibits previously filed herein filed by Debbie Foster. (Barringer-Thomson, Marilyn)
September 1, 2005 49 MOTION for Default Judgment as to Amanda Foster by Capitol Records Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Kearney, David)
August 29, 2005 48 Featured Case ORDER granting 47 Motion for Extension of Time to File Response re 41 MOTION to Dismiss Defendant's Prima Facie Tort Counterclaim and to Strike Defendant's Declaratory Judgment Counterclaim. Response due by 9/2/2005. Signed by Judge Lee R. West on 8/29/05. (brs, )
August 26, 2005 47 MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Dismiss Defendant's Prima Facie Tort Counterclaim and to Strike Defendant's Declaratory Judgment Counterclaim by Debbie Foster, Debbie Foster. (Barringer-Thomson, Marilyn)
August 26, 2005 46 NOTICE of Change of Address by Marilyn Dyda Barringer-Thomson (Barringer-Thomson, Marilyn)
August 15, 2005 45 Featured Case ORDER granting 43 Motion for Leave to Appear Pro Hac Vice as to Matthew Wiltanger, subject to the submission of an entry of appearance and registration for electronic case filing within 7 days. Signed by Judge Lee R. West on 8/15/05. (brs, )
August 12, 2005 44 Receipt for Money Received from Gable and Gotwals in the amount of $50.00, receipt number #111877 regarding 43 MOTION for Leave to Appear Pro Hac Vice re Matthew Joseph Wiltanger (brs, )
August 12, 2005 43 MOTION for Leave to Appear Pro Hac Vice by Capitol Records Inc. (Attachments: # 1 Exhibit Request for Admission Pro Hac Vice)(Kearney, David)
August 12, 2005 42 RETURN OF SERVICE - NON SUMMONS Amanda Foster by Capitol Records Inc (Kearney, David)
August 8, 2005 41 MOTION to Dismiss Defendant's Prima Facie Tort Counterclaim and to Strike Defendant's Declaratory Judgment Counterclaim by Capitol Records Inc. (Kearney, David)
July 27, 2005 40 ANSWER to Amended Complaint with Affirmative Defenses, FIRST COUNTERCLAIM against all plaintiffs by Debbie Foster.(Barringer-Thomson, Marilyn)
July 7, 2005 Summons Issued (brs, )
July 7, 2005 39 DISCLOSURE STATEMENT - CORPORATE by Capitol Records Inc First Amended. (Kearney, David)
July 7, 2005 38 PRAECIPE for 1 Summons by Capitol Records Inc. (Kearney, David)
July 7, 2005 37 AMENDED COMPLAINT for Copyright Infringement against all defendants, filed by Capitol Records Inc. (Attachments: # 1 Exhibit 1 Exhibit A# 2 Exhibit 2 Exhibit B part 1# 3 Exhibit 3 Exhibit B part 2)(Kearney, David)
July 6, 2005 36 Featured Case ORDER finding as moot 22 Motion to Dismiss, granting 31 Motion for Leave to File Amended Complaint by 7/15/05, finding as moot 34 Motion for Temporary Order, finding as moot 35 Motion for Leave to File Reply . Vacating the scheduling order re 18 and suspending deadlines pending a new Scheduling Conference. Signed by Judge Lee R. West on 7/6/05. (brs, )
July 5, 2005 35 MOTION for Leave to File Reply to Plaintiffs' Objection and Response to Plaintiffs' Application for Leave to File Amended Complaint and Suspend Deadlines by Capitol Records Inc. (Kearney, David)
June 30, 2005 34 MOTION for Order for Temporary Submission of Evidence for in camera ex parte review by the Court by Debbie Foster. (Barringer-Thomson, Marilyn)
June 30, 2005 33 RESPONSE in Opposition re 31 MOTION for Leave to File Amended Complaint and to Suspend Scheduled Deadlines Pending New Scheduling Conference, 32 MOTION for Order to the Application for Leave to File Amended Complaint and to Suspend Scheduled Deadlines Pending New Scheduling Conference filed by Debbie Foster. (Attachments: # 1 Attachment Aerotech Resources Inc. v Dodson Aviation unpublished D.Kan# 2 Attachment Motion for Temporary Order for In Camera Ex parte Submission)(Barringer-Thomson, Marilyn)
June 29, 2005 Docket Annotation: Docket Entry number 32 was filed in error and is hereby stricken from the record. (brs, )
June 28, 2005 32 MOTION for Order to the Application for Leave to File Amended Complaint and to Suspend Scheduled Deadlines Pending New Scheduling Conference by Capitol Records Inc. (Kearney, David)
June 28, 2005 31 MOTION for Leave to File Amended Complaint and to Suspend Scheduled Deadlines Pending New Scheduling Conference by Capitol Records Inc. (Attachments: # 1 Exhibit 1 - 1st Amended Complaint# 2 Exhibit 2 - Exhibit A to 1st Amended Complaint# 3 Exhibit 3 Exhibit B part 1# 4 Exhibit 4 Exhibit B part 2)(Kearney, David)
June 9, 2005 30 REPLY to Response to Motion re 22 MOTION to Dismiss Defendant's Prima Facie Tort Counterclaim and to Strike Defendant's Declaratory Judgment Counterclaim filed by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Attachments: # 1 Exhibit Exhibit 1 Unpublished Disposition# 2 Exhibit Exhibit 2 Unpublished Disposition (ONG)# 3 Exhibit Exhibit 3 Memorandum Opinion (Salt Creek))(Kearney, David)
June 1, 2005 29 Featured Case ORDER granting 28 Motion for Extension of Time to File final expert witness, witness and exhibit lists. Signed by Judge Lee R. West on 6/1/05. (kw, )
May 31, 2005 28 MOTION for Extension of Time by Capitol Records Inc. (Kearney, David)
May 31, 2005 27 Featured Case ORDER granting 26 Motion for Leave to File Reply not to exceed 10 pages, due 6/9/05. Signed by Judge Lee R. West on 5/31/05. (kw, )
May 25, 2005 26 MOTION for Leave to File Reply by Arista Records LLC. (Kearney, David)
May 19, 2005 25 Featured Case ORDER granting 24 defendant's Motion to Supplement Response Brief. Signed by Judge Lee R. West on 5/19/05. (brs, )
May 17, 2005 24 UNOPPOSED MOTION to Supplement Response [Doc. 22] filed 5-17-05 by Debbie Foster. (Attachments: # 1 Exhibit # 6 - unpublished opinion Polin v. Jews for Jesus)(Barringer-Thomson, Marilyn)
May 16, 2005 23 RESPONSE in Opposition re 22 MOTION to Dismiss Defendant's Prima Facie Tort Counterclaim and to Strike Defendant's Declaratory Judgment Counterclaim Request for Evidentiary Hearing and Request to Amend Complaint filed by Debbie Foster. (Attachments: # 1 #1 Ans to Interrogatories# 2 Exhibit #2 Resp to Req for Admissions# 3 Exhibit # 3 Treatise Article# 4 Exhibit #4 Treatise Article# 5 Exhibit #5 Article TU "spoof illegal downloads")(Barringer-Thomson, Marilyn)
April 27, 2005 22 MOTION to Dismiss Defendant's Prima Facie Tort Counterclaim and to Strike Defendant's Declaratory Judgment Counterclaim by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. (Kearney, David)
April 4, 2005 21 Amended ANSWER to Complaint with Jury Demand Declaratory Judgment, FIRST COUNTERCLAIM against all plaintiffs by Debbie Foster.(Barringer-Thomson, Marilyn)
March 16, 2005 20 NOTICE by Debbie Foster to the Court of Discovery Requests to Plaintiffs served on 3-5-05 (Barringer-Thomson, Marilyn)
March 4, 2005 19 ENTRY of Appearance by Daniel A Nickel on behalf of Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc (Nickel, Daniel)
March 2, 2005 18 Featured Case SCHEDULING ORDER: Motions to join due 4/2/2005; Motions to amend due 4/2/2005; Pla witness list due 6/1/2005; Pla exhibit list due 6/1/2005; Dft witness list due 10 days t/a; Dft exhibit list due 10 days t/a; Motions in limine due 10/1/2005; Jury instructions due 10/1/2005; Voir dire requests due 10/1/2005; Trial briefs due 10/1/2005; Discovery due by 9/1/2005. Jury Trial set for 10/11/2005 at 09:00 AM in Courtroom #303 before Honorable Lee R. West. Motions due by 8/1/2005. Pretrial Report due by 10/1/2005.. Signed by Judge Lee R. West on 3/2/05. (brs, )
March 2, 2005 17 ENTRY of Appearance by John M Benson on behalf of Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc (Benson, John)
February 25, 2005 16 ENTRY of Appearance by Warren W Henson, III on behalf of Debbie Foster (Henson, Warren)
February 25, 2005 15 JOINT DISCOVERY PLAN by Plaintiffs Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc, Defendant Debbie Foster. (Kearney, David)
February 23, 2005 14 JOINT DISCOVERY PLAN by Plaintiffs Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc, Defendant Debbie Foster. (Kearney, David)
February 23, 2005 13 JOINT STATUS REPORT by Plaintiffs Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc, Defendant Debbie Foster. (Kearney, David)
February 21, 2005 12 ENTRY of Appearance by Marilyn Dyda Barringer-Thomson on behalf of Debbie Foster (Barringer-Thomson, Marilyn)
January 13, 2005 11 DOCKET: Scheduling Conference set for 3/2/2005 at 09:50 AM in Chambers before Honorable Lee R. West. (brs, )
December 27, 2004 10 ANSWER to Complaint by Debbie Foster.(lb)
December 10, 2004 9 SUMMONS Returned Executed by Maverick Recording Company, BMG Music, Arista Records LLC, Sony BMG Music Entertainment, Warner Bros Records Inc, Capitol Records Inc, UMG Recordings Inc. Debbie Foster served on 12/4/2004, answer due 12/27/2004. (Kearney, David)
November 19, 2004 8 Receipt for Money Received from Plaintiffs Arista Records LLC, BMG Music, Capitol Records Inc, Maverick Recording Company, Sony BMG Music Entertainment, UMG Recordings Inc, Warner Bros Records Inc in the amount of $150.00, receipt number #107602 regarding 1 Complaint,, (brs, )
November 18, 2004 7 Featured Case GENERAL ORDER 04-02 (April 15, 2004) Mandatory Electronic Case Filing (brs, )
November 18, 2004 6 DISCLOSURE STATEMENT by Arista Records LLC, BMG Music, Capitol Records Inc, Maverick Recording Company, Sony BMG Music Entertainment, UMG Recordings Inc, Warner Bros Records Inc. (brs, )
November 18, 2004 5 ENTRY of Appearance by James M Sturdivant on behalf of Arista Records LLC, BMG Music, Capitol Records Inc, Maverick Recording Company, Sony BMG Music Entertainment, UMG Recordings Inc, Warner Bros Records Inc (brs, )
November 18, 2004 4 ENTRY of Appearance by Michael E Sellers on behalf of Arista Records LLC, BMG Music, Capitol Records Inc, Maverick Recording Company, Sony BMG Music Entertainment, UMG Recordings Inc, Warner Bros Records Inc (brs, )
November 18, 2004 3 ENTRY of Appearance by David L Kearney on behalf of Arista Records LLC, BMG Music, Capitol Records Inc, Maverick Recording Company, Sony BMG Music Entertainment, UMG Recordings Inc, Warner Bros Records Inc (brs, )
November 18, 2004 2 PRAECIPE for and issued 1 summons by Arista Records LLC, BMG Music, Capitol Records Inc, Maverick Recording Company, Sony BMG Music Entertainment, UMG Recordings Inc, Warner Bros Records Inc. (brs, )
November 18, 2004 1 COMPLAINT against Debbie Foster , filed by Arista Records LLC, BMG Music, Capitol Records Inc, Maverick Recording Company, Sony BMG Music Entertainment, UMG Recordings Inc, Warner Bros Records Inc. (Attachments: # 1 Civil Cover Sheet # 2 Exhibit A - Copyright list# 3 Exhibit B-1# 4 Exhibit B-2# 5 Exhibit B-3# 6 Exhibit B-4# 7 Exhibit B-5# 8 Exhibit B-6# 9 Exhibit B-7# 10 Exhibit B-8# 11 Exhibit B-9# 12 Exhibit B-10# 13 Exhibit B-11# 14 Exhibit B-12# 15 Exhibit B-13# 16 Exhibit B-14# 17 Exhibit B-15# 18 Exhibit B-16# 19 Exhibit B-17)(brs, )

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Plaintiff: UMG Recordings Inc
Represented By: Richard L Gabriel
Represented By: Shawn E Harrell
Represented By: Colin G Martin
Represented By: Charles L McLawhorn, III
Represented By: James C Ruh
Represented By: Nadia A Sarkis
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Plaintiff: Capitol Records Inc
Represented By: Richard L Gabriel
Represented By: Shawn E Harrell
Represented By: Colin G Martin
Represented By: Charles L McLawhorn, III
Represented By: James C Ruh
Represented By: Nadia A Sarkis
Represented By: Matthew J Wiltanger
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Plaintiff: Maverick Recording Company
Represented By: Richard L Gabriel
Represented By: Shawn E Harrell
Represented By: Colin G Martin
Represented By: Charles L McLawhorn, III
Represented By: James C Ruh
Represented By: Nadia A Sarkis
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Plaintiff: BMG Music
Represented By: Richard L Gabriel
Represented By: Shawn E Harrell
Represented By: Colin G Martin
Represented By: Charles L McLawhorn, III
Represented By: James C Ruh
Represented By: Nadia A Sarkis
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Plaintiff: Arista Records LLC
Represented By: Richard L Gabriel
Represented By: Shawn E Harrell
Represented By: Colin G Martin
Represented By: Charles L McLawhorn, III
Represented By: James C Ruh
Represented By: Nadia A Sarkis
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Plaintiff: Sony BMG Music Entertainment
Represented By: Richard L Gabriel
Represented By: Shawn E Harrell
Represented By: Colin G Martin
Represented By: Charles L McLawhorn, III
Represented By: James C Ruh
Represented By: Nadia A Sarkis
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Plaintiff: Warner Bros Records Inc
Represented By: Richard L Gabriel
Represented By: Shawn E Harrell
Represented By: Colin G Martin
Represented By: Charles L McLawhorn, III
Represented By: James C Ruh
Represented By: Nadia A Sarkis
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Defendant: Debbie Foster
Represented By: Warren W Henson, III
Represented By: Micheal C Salem
Represented By: Marilyn D Thomson
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Counter_claimant: Debbie Foster
Represented By: Marilyn D Thomson
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Counter_defendant: Maverick Recording Company
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Counter_defendant: BMG Music
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Counter_defendant: Arista Records LLC
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Counter_defendant: Sony BMG Music Entertainment
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Counter_defendant: Warner Bros Records Inc
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Counter_defendant: Capitol Records Inc
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Counter_defendant: UMG Recordings Inc
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