Broadcast Music Incorporated et al v. Elsberry Investments LLC et al
Plaintiff: Reservoir Media Management Incorporated, Zombies Ate My Publishing, Terry Stafford Music Company, Unichappell Music Incorporated, Sony/ATV Songs LLC, Broadcast Music Incorporated, Cotillion Music Incorporated, Forthefallen Publishing, Del Sound Music, EMI Blackwood Music Incorporated, Reservoir One America, Interior Music Corporation, Reservoir Media Management Incorporated doing business as Reservoir 416 also known as Reservoir One America, Sony/ATV Songs LLC doing business as Sony/ATV Acuff Rose Music and Sony/ATV Songs LLC doing business as Sony/ATV Tree Publishing
Defendant: Shane Elsberry, Bryon Elsberry, Elsberry Investments LLC and Elsberry Investments LLC doing business as Rosatis Pizza
Case Number: 2:2019cv02821
Filed: May 3, 2019
Court: US District Court for the District of Arizona
Presiding Judge: John J Tuchi
Nature of Suit: Property Rights: Copyright
Cause of Action: 17 U.S.C. ยง 101
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 20, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 20, 2019 Filing 10 *SERVICE EXECUTED filed by Broadcast Music Incorporated, Cotillion Music Incorporated, Del Sound Music, EMI Blackwood Music Incorporated, Forthefallen Publishing, Interior Music Corporation, Reservoir Media Management Incorporated, Sony/ATV Songs LLC, Terry Stafford Music Company, Unichappell Music Incorporated, Zombies Ate My Publishing: Certificates of Service re: Summons, and Complaint. Elsberry Investments LLC served on 5/10/2019, Shane Elsberry served on 5/13/2019, Bryon Elsberry served on 5/19/2019. (Attachments: #1 Certificate of Service, #2 Certificate of Service)(Deatherage, Mark) *Modified to list documents served and dates of service on 5/21/2019 (REK).
May 13, 2019 Opinion or Order Filing 9 ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on August 2, 2019. (See attached Order). Signed by Judge John J Tuchi on 5/10/19. (JAMA)
May 13, 2019 Opinion or Order Filing 8 ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12 (b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order). Signed by Judge John J Tuchi on 5/10/19. (JAMA)
May 3, 2019 Filing 7 MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading (Attachments: #1 AO 121)(BAC)
May 3, 2019 Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (BAC)
May 3, 2019 Filing 5 Summons Issued as to Bryon Elsberry, Shane Elsberry, Elsberry Investments LLC. (Attachments: #1 Summons, #2 Summons)(BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
May 3, 2019 Filing 4 Filing fee paid, receipt number 0970-16868828. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-19-02821-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.(BAC)
May 3, 2019 Filing 3 SUMMONS Submitted by Broadcast Music Incorporated, Cotillion Music Incorporated, Del Sound Music, EMI Blackwood Music Incorporated, Forthefallen Publishing, Interior Music Corporation, Reservoir Media Management Incorporated, Sony/ATV Songs LLC, Terry Stafford Music Company, Unichappell Music Incorporated, Zombies Ate My Publishing. (Deatherage, Mark) (Attachments: #1 Summons, #2 Summons)(BAC)
May 3, 2019 Filing 2 Corporate Disclosure Statement by Broadcast Music Incorporated, Cotillion Music Incorporated, Del Sound Music, EMI Blackwood Music Incorporated, Forthefallen Publishing, Interior Music Corporation, Reservoir Media Management Incorporated, Sony/ATV Songs LLC, Terry Stafford Music Company, Unichappell Music Incorporated, Zombies Ate My Publishing. (BAC)
May 3, 2019 Filing 1 COMPLAINT. Filing fee received: $400.00, receipt number 0970-16868828 filed by Reservoir Media Management Incorporated, Interior Music Corporation, Cotillion Music Incorporated, Broadcast Music Incorporated, Sony/ATV Songs LLC, Unichappell Music Incorporated, Terry Stafford Music Company, Zombies Ate My Publishing, EMI Blackwood Music Incorporated, Del Sound Music, Forthefallen Publishing. (Deatherage, Mark) (Attachments: #1 Civil Cover Sheet)(BAC)

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Plaintiff: Reservoir Media Management Incorporated
Represented By: Mark M Deatherage
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Plaintiff: Zombies Ate My Publishing
Represented By: Mark M Deatherage
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Plaintiff: Terry Stafford Music Company
Represented By: Mark M Deatherage
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Plaintiff: Unichappell Music Incorporated
Represented By: Mark M Deatherage
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Plaintiff: Sony/ATV Songs LLC
Represented By: Mark M Deatherage
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Plaintiff: Broadcast Music Incorporated
Represented By: Mark M Deatherage
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Plaintiff: Cotillion Music Incorporated
Represented By: Mark M Deatherage
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Plaintiff: Forthefallen Publishing
Represented By: Mark M Deatherage
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Plaintiff: Del Sound Music
Represented By: Mark M Deatherage
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Plaintiff: EMI Blackwood Music Incorporated
Represented By: Mark M Deatherage
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Plaintiff: Reservoir One America
Represented By: Mark M Deatherage
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Plaintiff: Interior Music Corporation
Represented By: Mark M Deatherage
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Plaintiff: Reservoir Media Management Incorporated doing business as Reservoir 416 also known as Reservoir One America
Represented By: Mark M Deatherage
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Plaintiff: Sony/ATV Songs LLC doing business as Sony/ATV Acuff Rose Music
Represented By: Mark M Deatherage
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Plaintiff: Sony/ATV Songs LLC doing business as Sony/ATV Tree Publishing
Represented By: Mark M Deatherage
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Defendant: Shane Elsberry
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Defendant: Bryon Elsberry
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Defendant: Elsberry Investments LLC
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Defendant: Elsberry Investments LLC doing business as Rosatis Pizza
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