Broadcast Music, Inc. et al v. Fourth Quarter, Inc. et al
| Broadcast Music, Inc., Fantasy, Inc., Evil Eye Music, Inc., Michael Balzary, John Anthony Frusciante, Anthony Kiedis, Chad Gaylord Smith, Spirit One Music, Bocephus Music, Inc., House of Cash, Inc., EMI Virgin Songs, Inc., Eric Adam Avery, Perry Farrell, David Michael Navarro, Stephen Andrew Perkins, Rio Bravo Music, Inc., Night Garden Music, Universal-Duchess Music Corporation, Warner-Tamerlane Publishing Corp., Songs of Universal, Inc., James W. Buffett, Ensign Music LLC, Unichappell Music Inc., John Fararr, Rivers Cuomo, Universal-Songs of Polygram International, Inc., Anthony L. Ray, Azoff Entertainment, Inc., Warner Brothers Records, Inc. and Todd Park Mohr |
| Fourth Quarter, Inc., Patrick J. Grider and Daniel Grider |
| 3:2007cv00921 |
| October 12, 2007 |
| US District Court for the Middle District of Alabama |
| Opelika Office |
| XX US, Outside State |
| Charles S. Coody |
| Myron H. Thompson |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Filing 64 SATISFACTION OF JUDGMENT entered In favor of Evil Eye Music, Inc. Against Fourth Quarter, Inc., In favor of Night Garden Music Against Fourth Quarter, Inc., In favor of Stephen Andrew Perkins Against Fourth Quarter, Inc., In favor of Anthony L. Ray Against Fourth Quarter, Inc., In favor of Universal-Duchess Music Corporation Against Fourth Quarter, Inc., In favor of Broadcast Music, Inc. Against Fourth Quarter, Inc., In favor of John Anthony Frusciante Against Fourth Quarter, Inc., In favor of Perry Farrell Against Fourth Quarter, Inc., In favor of EMI Virgin Songs, Inc. Against Fourth Quarter, Inc., In favor of James W. Buffett Against Fourth Quarter, Inc., In favor of Universal-Songs of Polygram International, Inc. Against Fourth Quarter, Inc., In favor of All Plaintiffs Against Fourth Quarter, Inc., In favor of Anthony Kiedis Against Fourth Quarter, Inc., In favor of Spirit One Music Against Fourth Quarter, Inc., In favor of Michael Balzary Against Fourth Quarter, Inc., In favor of John Fararr Against Fourth Quarter, Inc., In favor of Warner-Tamerlane Publishing Corp. Against Fourth Quarter, Inc., In favor of Songs of Universal, Inc. Against Fourth Quarter, Inc., In favor of Fantasy, Inc. Against Fourth Quarter, Inc., In favor of Bocephus Music, Inc. Against Fourth Quarter, Inc., In favor of Rivers Cuomo Against Fourth Quarter, Inc., In favor of Eric Adam Avery Against Fourth Quarter, Inc., In favor of Rio Bravo Music, Inc. Against Fourth Quarter, Inc., In favor of Azoff Entertainment, Inc. Against Fourth Quarter, Inc., In favor of Warner Brothers Records, Inc. Against Fourth Quarter, Inc., In favor of House of Cash, Inc. Against Fourth Quarter, Inc., In favor of David Michael Navarro Against Fourth Quarter, Inc., In favor of Ensign Music LLC Against Fourth Quarter, Inc., In favor of Todd Park Mohr Against Fourth Quarter, Inc., In favor of Chad Gaylord Smith Against Fourth Quarter, Inc., In favor of Unichappell Music Inc. Against Fourth Quarter, Inc. by Broadcast Music, Inc.. (Johnston, Gilbert) |
| Filing 63 CONSENT JUDGMENT as further set out in order. Ordered that each party shall bear his or her own costs. The Clerk is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Judge Myron H. Thompson on 4/9/08. (Attachments: # 1 Civil Appeals Checklist) (Term: PT-9/3/08; JT-10/14/08)(sl, ) |
| Filing 62 STIPULATION for Consent Judgment by All Plaintiffs, Fourth Quarter, Inc., Patrick J. Grider, Daniel Grider. (Johnston, Gilbert) |
| Filing 61 NOTICE of Non-Compliance re 60 Initial Disclosures. The referenced pleading is discovery and is not allowed pursuant to Local Rule 5.1 NON-FILING OF CIVIL DISCOVERY. The referenced pleading is hereby STRICKEN from the record and the parties are instructed to disregard the entry of Doc. 60 on the court's docket. (dmn) |
| Filing 60 [STRICKEN FROM THE RECORD. THIS PLEADING IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LOCAL RULE 5.1 NON-FILING OF CIVIL DISCOVERY.-DMN] NOTICE by John Anthony Frusciante, Anthony Kiedis, Chad Gaylord Smith, Spirit One Music, Bocephus Music, Inc., House of Cash, Inc., EMI Virgin Songs, Inc., Eric Adam Avery, Perry Farrell, Broadcast Music, Inc., David Michael Navarro, Stephen Andrew Perkins, Rio Bravo Music, Inc., Night Garden Music, Universal-Duchess Music Corporation, Warner-Tamerlane Publishing Corp., Songs of Universal, Inc., Fantasy, Inc., James W. Buffett, Ensign Music LLC, Unichappell Music Inc., John Fararr, Rivers Cuomo, Universal-Songs of Polygram International, Inc., Anthony L. Ray, Azoff Entertainment, Inc., Warner Brothers Records, Inc., Todd Park Mohr, Evil Eye Music, Inc., Michael Balzary of Plaintiffs' Initial Disclosures (Lindsay, Mark) Modified on 1/16/2008 (dmn). |
| ***Attorney William David Dawson for Fourth Quarter, Inc. and Patrick J. Grider added pursuatn to 59 Conflict Disclosure Statement filed 1/11/08. (sl, ) |
| Filing 59 Corporate/Conflict Disclosure Statement by Daniel Grider. (Whittelsey, Davis) |
| Filing 58 Corporate/Conflict Disclosure Statement by Patrick J. Grider. (Whittelsey, Davis) |
| Filing 57 Corporate/Conflict Disclosure Statement by Fourth Quarter, Inc., Patrick J. Grider, Daniel Grider. (Whittelsey, Davis) |
| Filing 56 RESPONSE to Plaintiff's 53 Brief in Opposition to Defendant's 46 MOTION to Strike 44 MOTION for Entry of Default filed by Fourth Quarter, Inc., Patrick J. Grider, Daniel Grider. (Whittelsey, Davis) Modified on 12/19/2007 to create link to brief and M/Strike (cb, ). |
Filing 55
SCHEDULING ORDER: Pretrial Conference set for 9/3/2008; Jury Trial set for term of court commencing on 10/14/2008; Amended Pleadings due by 12/3/07 by plaintiffs and 1/31/2008 by the defendants; Discovery due by 5/15/2008; Dispositive Motions due by 6/3/2008; Mediation Notice due by 6/30/2008. Signed by Judge Myron H. Thompson on 12/18/07. (sl, )
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Filing 54
ORDERED as follows: (1) the 44 application for entry of default is denied; (2) the 46 motion to strike is denied as moot; (3) the 46 objection is overruled as moot. Signed by Judge Myron H. Thompson on 12/18/07. (sl, )
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| Filing 53 BRIEF/MEMORANDUM in Opposition to Motion to Strike and Objection filed by John Anthony Frusciante, Anthony Kiedis, Chad Gaylord Smith, Spirit One Music, Bocephus Music, Inc., House of Cash, Inc., EMI Virgin Songs, Inc., Eric Adam Avery, Perry Farrell, Broadcast Music, Inc., David Michael Navarro, Stephen Andrew Perkins, Rio Bravo Music, Inc., Night Garden Music, Universal-Duchess Music Corporation, Warner-Tamerlane Publishing Corp., Songs of Universal, Inc., Fantasy, Inc., James W. Buffett, Ensign Music LLC, Unichappell Music Inc., John Fararr, Rivers Cuomo, Universal-Songs of Polygram International, Inc., Anthony L. Ray, Azoff Entertainment, Inc., Warner Brothers Records, Inc., Todd Park Mohr, Evil Eye Music, Inc., Michael Balzary. (Lindsay, Mark) |
| Filing 52 REPORT of Rule 26(f) Planning Meeting. (Lindsay, Mark) |
| Filing 51 BRIEF/MEMORANDUM in Support of Defendants' Motion and Objection to Strike Plaintiffs' Application for Entry of Default filed by Fourth Quarter, Inc., Patrick J. Grider, Daniel Grider. (Attachments: # 1)(Whittelsey, Davis) |
| Filing 50 RESPONSE to Motion re MOTION to Strike 44 MOTION for Entry of Default filed by John Anthony Frusciante, Anthony Kiedis, Chad Gaylord Smith, Spirit One Music, Bocephus Music, Inc., House of Cash, Inc., EMI Virgin Songs, Inc., Eric Adam Avery, Perry Farrell, Broadcast Music, Inc., David Michael Navarro, Stephen Andrew Perkins, Rio Bravo Music, Inc., Night Garden Music, Universal-Duchess Music Corporation, Warner-Tamerlane Publishing Corp., Songs of Universal, Inc., Fantasy, Inc., James W. Buffett, Ensign Music LLC, Unichappell Music Inc., John Fararr, Rivers Cuomo, Universal-Songs of Polygram International, Inc., Anthony L. Ray, Azoff Entertainment, Inc., Warner Brothers Records, Inc., Todd Park Mohr, Evil Eye Music, Inc., Michael Balzary. (Lindsay, Mark) |
| Filing 49 Notice of Filing of Original Executed Evidentiary Submission in support of defendants' 46 Objection and Motion to Strike plaintiffs' Application for Entry of Default and Verification filed by Fourth Quarter, Inc., Patrick J. Grider, Daniel Grider. (Attachments: # 1 Exhibit A-e-mail# 2 Exhibit B-e-mail/letter)(sl, ) |
| Filing 48 Evidentiary Submission re 44 MOTION for Entry of Default by Plaintiffs filed by Fourth Quarter, Inc., Patrick J. Grider, Daniel Grider. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Whittelsey, Davis) |
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Filing 47
ORDERED that the 46 motion and objection to strike are set for submission, without oral argument, on 12/17/07 with all briefs due by said date. Signed by Judge Myron H. Thompson on 12/11/07. (sl, )
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| MOTION to Strike 44 Application for Entry of Default by Fourth Quarter, Inc., Patrick J. Grider, Daniel Grider. (This document has no pdf attached. See 46 for pdf) (sl, ) |
| Filing 46 RESPONSE to Motion re 44 MOTION for Entry of Default filed by Fourth Quarter, Inc., Patrick J. Grider, Daniel Grider. (Whittelsey, Davis) |
| Filing 45 Grider, (Whittelsey, Davis) ANSWER to Complaint with Jury Demand by Fourth Quarter, Inc., Patrick J. Grider, Daniel Grider.(Whittelsey, Davis) |
| Filing 44 TERMINATED PURSUANT TO INSTRUCTIONS FROM THE CLERK OF COURT DUE TO THE FILING OF 45 ANSWER. MOTION for Entry of Default by John Anthony Frusciante, Anthony Kiedis, Chad Gaylord Smith, Spirit One Music, Bocephus Music, Inc., House of Cash, Inc., EMI Virgin Songs, Inc., Eric Adam Avery, Perry Farrell, Broadcast Music, Inc., David Michael Navarro, Stephen Andrew Perkins, Rio Bravo Music, Inc., Night Garden Music, Universal-Duchess Music Corporation, Warner-Tamerlane Publishing Corp., Songs of Universal, Inc., Fantasy, Inc., James W. Buffett, Ensign Music LLC, Unichappell Music Inc., John Fararr, Rivers Cuomo, Universal-Songs of Polygram International, Inc., Anthony L. Ray, Azoff Entertainment, Inc., Warner Brothers Records, Inc., Todd Park Mohr, Evil Eye Music, Inc., Michael Balzary. (Johnston, Gilbert) Modified on 12/12/2007 (cc, ). Modified on 9/11/2008 (djy, ). |
| Filing 43 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to defendants Fourth Quarter, Patrick Grider and Daniel Grider Corporate Disclosures due by 12/13/2007. (Attachments: # 1)(sl, ) |
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Filing 42
ORDER granting 41 Motion to Continue deadline. The parties are allowed until 12/17/07 to file their Rule 26(f) report. Signed by Judge Myron H. Thompson on 11/27/07. (sl, )
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| Filing 41 MOTION to Continue Deadline for Filing Rule 26(f) by Fourth Quarter, Inc., Patrick J. Grider, Daniel Grider. (Whittelsey, Davis) |
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Filing 40
ORDER granting 12 Motion for Mark V. Lindsay to appear Pro Hac Vice. Signed by Judge Myron H. Thompson on 11/19/07. (sl, )
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| Filing 39 Corporate/Conflict Disclosure Statement by Todd Park Mohr, an individual d/b/a/ Park Mohr Publishing Company. (sl, ) |
| Filing 38 Corporate/Conflict Disclosure Statement by Universal-Songs of Polygram International, Inc. (sl, ) |
| Filing 37 Corporate/Conflict Disclosure Statement by John Fararr d/b/a/ John Farrar Music. (sl, ) |
| Filing 36 Corporate/Conflict Disclosure Statement by Unichappell Music Inc. (sl, ) |
| Filing 35 Corporate/Conflict Disclosure Statement by Ensign Music LLC. (sl, ) |
| Filing 34 Corporate/Conflict Disclosure Statement by James W. Buffett, an individual d/b/a/ Coral Reefer Music. (sl, ) |
| Filing 33 Corporate/Conflict Disclosure Statement by EMI Virgin Songs, Inc. d/b/a/ EMI Longitude Music. (sl, ) |
| Filing 32 Corporate/Conflict Disclosure Statement by Warner-Tamerlane Publishing Corp. (sl, ) |
| Filing 31 Corporate/Conflict Disclosure Statement by Universal-Duchess Music Corporation. (sl, ) |
| Filing 30 Corporate/Conflict Disclosure Statement by Rio Bravo Music, Inc. (sl, ) |
| Filing 29 Corporate/Conflict Disclosure Statement by Stephen Andrew Perkins, d/b/a/ Swizzlestick Music. (sl, ) |
| Filing 28 Corporate/Conflict Disclosure Statement by David Michael Navarro, d/b/a/ Embryotic Music. (sl, ) |
| Filing 27 Corporate/Conflict Disclosure Statement by Perry Farrell, d/b/a/ I'll Hit you Back Music. (sl, ) |
| Filing 26 Corporate/Conflict Disclosure Statement by House of Cash, Inc. (sl, ) |
| Filing 25 Corporate/Conflict Disclosure Statement by Bocephus Music, Inc. (sl, ) |
| Filing 24 Corporate/Conflict Disclosure Statement by John Anthony Frusciante, Anthony Kiedis, Chad Gaylord Smith, Michael Balzary. (sl, ) |
| Filing 23 Corporate/Conflict Disclosure Statement by Eric Adam Avery, d/b/a/ Bubbly Orange Stuff Music. (sl, ) |
| Filing 22 Corporate/Conflict Disclosure Statement by Fantasy, Inc., d/b/a/ Jondora Music. (sl, ) |
| Filing 21 Corporate/Conflict Disclosure Statement by Broadcast Music, Inc. (sl, ) |
| Filing 20 Corporate/Conflict Disclosure Statement by Evil Eye Music, Inc. (sl, ) |
| Filing 19 Corporate/Conflict Disclosure Statement by Spirit One Music, A Division of Spirit Music Group, Inc. (sl, ) |
| Filing 18 Corporate/Conflict Disclosure Statement by Songs of Universal, Inc. (sl, ) |
| Filing 17 Corporate/Conflict Disclosure Statement by Anthony L. Ray. (sl, ) |
| Filing 16 Corporate/Conflict Disclosure Statement by EMI Virgin Songs, Inc. (sl, ) |
| Filing 15 Corporate/Conflict Disclosure Statement by Night Garden Music, A Division of R. E. M./Athens, LTD. (sl, ) |
| Filing 14 Corporate/Conflict Disclosure Statement by Rivers Cuomo. (sl, ) |
| Filing 13 Corporate/Conflict Disclosure Statement by Azoff Entertainment, Inc., Warner Brothers Records, Inc. (sl, ) |
| Filing 12 Motion for Mark V. Lindsay to Appear Pro Hac Vice ( Filing fee $ 20.00 receipt number 4602001188.) by plaintiffs. (Attachments: # 1 Certificate of Good Standing# 2 Filing Fee Receipt)(sl, ) |
| Filing 11 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to counsel for defendants. Corporate Disclosures due by 11/20/2007. (sl, ) |
| Filing 10 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to plaintiffs' counsel. Corporate Disclosures due by 11/20/2007. (sl, ) |
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Filing 9
ORDER that Rule 26 Meeting Report is due by 11/19/2007. Signed by Judge Myron H. Thompson on 11/5/2007. (cc, )
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Filing 8
ORDER denying 6 Motion to Dismiss. Signed by Judge Myron H. Thompson on 11/5/2007. (cc, )
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| Filing 7 BRIEF/MEMORANDUM in Support re 6 MOTION to Dismiss filed by Fourth Quarter, Inc., Patrick J. Grider, Daniel Grider. (Whittelsey, Davis) |
| Filing 6 MOTION to Dismiss by Fourth Quarter, Inc., Patrick J. Grider, Daniel Grider. (Whittelsey, Davis) |
| Filing 5 SUMMONS Returned Executed as to Fourth Quarter, Inc. served on 10/16/2007, answer due 11/5/2007. (sl, ) |
| Filing 4 SUMMONS Returned Executed as to Patrick J. Grider served on 10/16/2007, answer due 11/5/2007. (sl, ) |
| Filing 3 SUMMONS Returned Executed as to Daniel Grider served on 10/16/2007, answer due 11/5/2007. (sl, ) |
| Filing 2 Summons Issued as to Fourth Quarter, Inc., Patrick J. Grider, Daniel Grider and returned to counsel for personal service of complaint. (sl, ) |
| Filing 1 COMPLAINT against Fourth Quarter, Inc., Patrick J. Grider, Daniel Grider ( Filing fee $ 350.00 receipt number 4602000732.), filed by John Anthony Frusciante, Anthony Kiedis, Chad Gaylord Smith, Spirit One Music, Bocephus Music, Inc., House of Cash, Inc., EMI Virgin Songs, Inc., Eric Adam Avery, Perry Farrell, Broadcast Music, Inc., David Michael Navarro, Stephen Andrew Perkins, Rio Bravo Music, Inc., Night Garden Music, Universal-Duchess Music Corporation, Warner-Tamerlane Publishing Corp., Songs of Universal, Inc., Fantasy, Inc., James W. Buffett, Ensign Music LLC, Unichappell Music Inc., John Fararr, Rivers Cuomo, Universal-Songs of Polygram International, Inc., Anthony L. Ray, Azoff Entertainment, Inc., Warner Brothers Records, Inc., Todd Park Mohr, Evil Eye Music, Inc., Michael Balzary. (Attachments: # 1 Schedule# 2 Filing Fee Receipt)(sl, ) |
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