F.B. T. Productions, LLC et al v. Aftermath Records et al
Plaintiff: Em2M, LLC and F.B. T. Productions, LLC
Defendant: Aftermath Records, Interscope Records, UMG Recording, Inc. and Ary, Inc.
Interested Party: Rick James and Apple Inc.
Case Number: 2:2007cv03314
Filed: May 21, 2007
Court: US District Court for the Central District of California
Office: Western Division - Los Angeles Office
County: XX US, Outside California
Presiding Judge: Philip S Gutierrez
Referring Judge: Margaret A Nagle
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 29, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 29, 2012 Opinion or Order Filing 950 ORDER OF DISMISSAL WITH PREJUDICE by Judge Philip S. Gutierrez. This matter including the Supplemental Complaint is hereby DISMISSED WITH PREJUDICE, and the clerk is directed to close the case. Each party is to bear its own costs, attorney's fees, and expenses (Made JS-6. Case Terminated.) (bp)
October 29, 2012 Filing 949 Joint STIPULATION to Dismiss Case pursuant to FRCP 41(A)(1)(a)(ii) filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (Attachments: #1 Proposed Order)(LeMoine, Melinda)
October 12, 2012 Filing 948 NOTICE of Change of Attorney Information for attorney Daniel B Asimow counsel for Plaintiffs Em2M, LLC, F.B. T. Productions, LLC.Sara J. Eisenberg is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff F.B.T. Productions, LLC and Em2M, LLC (Asimow, Daniel)
July 27, 2012 Filing 947 ANSWER to Complaint - (Discovery) 1 , Corrected Complaint #943 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (Attachments: #1 Exhibit A)(LeMoine, Melinda)
July 17, 2012 Opinion or Order Filing 946 SCHEDULING ORDER by Judge Philip S. Gutierrez: Pursuant to the Court's order dated June 27, 2012 ("Order"), the parties have met and conferred concerning additional discovery and an amended scheduling order. The parties request that the Court enter the following order pursuant to Rule 16(b) of the Federal Rules of Civil Procedure. This order modifies the prior trial and discovery schedule in this matter. The subject matter of any additional discovery shall be limited to the new claims in accordance with the Order. (1) Each party may serve up to 25 additional requests for production of documents, 20 interrogatories, and 15 requests for admissions upon the opposing party, and may also serve third party discovery as permitted by the Federal Rules.(2) Each party may notice one Rule 30(b)(6) deposition and may notice upto three additional seven-hour depositions of party-affiliated individuals, and may also notice third-party depositions as permitted by the Federal Rules.(3) All fact discovery must be completed on or before November 9, 2012. (4) Expert witness disclosures in accordance with Rule 26(a)(2) must be made on or before December 14, 2012. Rebuttal reports, if any, must be disclosed in accordance with Rule 26(a)(2) on or before January 18, 2013. (5) All expert discovery must be completed on or before February 8, 2013. (6) All parties reserve their rights to object, move to compel, or move for a protective order in accordance with the Federal Rules regarding any discovery. (7) Dispositive motions shall be filed no later than March 5, 2013. (8) The parties request the first available trial date on or after April 23, 2013. Based on the Courts calendar, trial shall commence on 5/28/13.The final pre-trial conference shall occur on 5/13/13.(9) The parties shall meet and confer prior to filing any motions in limine and determine which, if any, of the previously filed motions in limine remain germane. In accordance with the Courts Standing Order for Civil Jury Trials, any additional motions in limine shall be filed 45 days before the trial date; oppositions shall be filed 25 days before the trial date; and replies 10 days before the trial date. (10) All other trial-related deadlines, including deadlines for disclosure of witness lists, exhibit lists, jury instructions and proposed voir dire, shall be calculated based on the final pre-trial conference and trial date set forth herein as provided inLocal Rule 16 and/or the Court's Standing Order for Civil Jury Trials. In the event of a conflict, this Court's Standing Order for Civil Jury Trials shall govern. (11) The parties may ask the Court to modify the above schedule upon ashowing of good cause. (ir)
July 16, 2012 Filing 945 CERTIFICATE OF SERVICE filed by Plaintiff Em2M, LLC, F.B. T. Productions, LLC, re Corrected Complaint #943 served on July 12, 2012. (Asimow, Daniel)
July 12, 2012 Filing 944 NOTICE OF LODGING filed [Proposed] Scheduling Order re Order on Motion in Limine to Exclude,,,, Order on Motion in Limine to Preclude,, Order on Motion in Limine to Renew,,,,,, Order on Motion for Leave to File Document,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,, #938 (Attachments: #1 Proposed Order)(Asimow, Daniel)
July 9, 2012 Filing 943 SEALED DOCUMENT- SUPPLEMENTAL COMPLAINT for Breach of Contract; Declaratory Judgment. Jury Demand (mat)
July 9, 2012 Opinion or Order Filing 942 ORDER by Judge Philip S. Gutierrez: GRANTING Application to file Confidential documents under seal pursuant to Protective order #941 in its entirety. The following document shall be filed and maintained under seal until further order of the Court: Supplemental Complaint for Breach of Contract; Declaratory Judgment. (ir)
July 6, 2012 Filing 941 NOTICE OF APPLICATION AND APPLICATION to File Confidential documents under seal pursuant to Protective order filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. Lodged Proposed Order. (ir)
July 6, 2012 Filing 940 PROOF OF SERVICE filed by Plaintiff F.B. T. Productions, LLC, of 1. Supplemental Complaint for Breach of Contract; Declaratory Judgment, 2. Notice of Application and Application to File Confidential Documents Under Seal Pursuant to Protective Order, 3. [Proposed] Order Granting Application to File Confidential Documents Under Seal Pursuant to Protective Order. served on July 6, 2012. (Asimow, Daniel)
July 6, 2012 Filing 939 NOTICE of Manual Filing filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC of (1) Supplemental Complaint for Breach of Contract; Declaratory Judgment; (2) Notice of Application and Application to File Confidential Documents Under Seal Pursuant to Protective Order; (3) [Proposed] Order Granting Application to File Confidential Documents Under Seal Pursuant to Protective Order. (Asimow, Daniel)
June 27, 2012 Opinion or Order Filing 938 MINUTES (IN CHAMBERS): ORDER GRANTING Leave to File the SupplementalComplaint by Judge Philip S. Gutierrez: Before the Court is Plaintiffs' motion for leave to file a supplemental complaint. Dkt. #850. The Court heard oral argument on the matter on June 26, 2012. After considering the supporting and opposing papers, as well as the arguments made at the hearing, the Court GRANTS leave to file a supplemental complaint. FBT is directed to file its amended complaint by July 6, 2012. The parties are to meet and confer on a schedule for discovery and motion practice limited to the new claims. The parties shall also propose a new trial date. The parties shall submit a joint proposed schedule, or competing schedules, by July 13, 2012. Finally, in light of this order, the pending motions in limine are now MOOT....granting #850 Motion for Leave to File; finding as moot #771 Motion in Limine to Exclude; finding as moot #772 Motion in Limine to Exclude; finding as moot #773 Motion in Limine to Exclude; finding as moot #778 Motion in Limine to Exclude; finding as moot #779 Motion in Limine to Preclude; finding as moot #780 Motion in Limine to Preclude; finding as moot #781 Motion in Limine to Renew; finding as moot #782 Motion in Limine to Exclude; finding as moot #794 Motion in Limine to Preclude; finding as moot #795 Motion in Limine to Exclude; finding as moot #796 Motion in Limine to Exclude; finding as moot #801 Motion in Limine to Exclude (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)
June 26, 2012 Filing 937 MINUTES OF Motion Hearing held PLAINTIFFS' MOTION FOR LEAVE TO FILE SUPPLEMENTAL COMPLAINT FILED 03-26-12 (DOC. 850) before Judge Philip S. Gutierrez: Having considered all papers submitted in support of and in opposition to the Motion referenced above, and the oral argument presented today, the Court takes the motion Under Submission. A ruling will be issued after full consideration of the submitted pleadings. Furthermore, all motions in limine scheduled for hearing today, are also taken under advisement, to be reset at a later time. RE: UNDER SUBMISSION #850 Motion for Leave to File; taking under advisement #771 Motion in Limine to Exclude; taking under advisement #772 Motion in Limine to Exclude; taking under advisement #773 Motion in Limine to Exclude; taking under advisement #778 Motion in Limine to Exclude; taking under advisement #779 Motion in Limine to Preclude; taking under advisement #780 Motion in Limine to Preclude; taking under advisement #781 Motion in Limine to Renew; taking under advisement #782 Motion in Limine to Exclude; taking under advisement #794 Motion in Limine to Preclude; taking under advisement #795 Motion in Limine to Exclude; taking under advisement #796 Motion in Limine to Exclude; taking under advisement #801 Motion in Limine to Exclude. Court Reporter: Alex Joko. (lw)
June 8, 2012 Filing 935 NOTICE OF CLERICAL ERROR: Due to Document #934 was missing a page and was replaced. (mat)
June 7, 2012 Opinion or Order Filing 931 MINUTE: (In Chambers): Plaintiffs' Motion for Leave to File Supplemental Complaint Filed 03-26-12 #850 ; Plaintiffs' Mil 1 to Preclude Evidence or Argument of Deductions Based on Sharing Arrangements with Foreign Affiliates -Filed under Seal on 02-21-12 #794 ; Plaintiffs' Mil 2 to Exclude the Expert Testimony and Report of John L. Hansen - Filed under Seal on 02-21-12 #795 ; Plaintiffs' Mil 3 to Exclude Evidence Treating Digital Sales as Physical Sales - Filed under Seal on 02-21-12 #796 ; Plaintiffs' Mil 4 to Exclude Introduction of or Reference to Unproduced Evidence - File 02-17-12 #771 ; Plaintiffs Mil 5 to Exclude Improper Evidence and Argument Relating to Plaintiffs' Luck or Wealth - Filed 02-17-12 #772 ; Plaintiffs' Mil 6 to Exclude Reference to Expert Gary Cohen's Opinion in Robinson V. Sanctuary Records - Filed 02-17-12 #773 ; Defendants' Redacted Mil 1 to Exclude Expert Testimony of Gary Cohen - Filed 02-17-12 #778 ; Defendants' Redacted Mil 2 to Preclude Evidence and Argument Challenging or Rearguing Issues Resolved in the Court's October 31, 2011 Summary Judgment Order-filed 02-17-12 #779 ; Defendants' Redacted Mil 3 to Preclude Certain Evidence and Argument Concerning the History of the Dispute - Filed 02-17-12 #780 ; Defendants' Redacted Mil 4 to Reaffirm the Court's Prior Rulings on Certain Motions in Limine - Filed 02-17-12 #781 ; Defendants' Redacted Mil 5 to Exclude Undisclosed Expert Witness David Berman - Filed 02-17-12 #782 ; Defendants' under Seal Mil 1 to Exclude Expert Testimony of Gary Cohen -filed under Seal 02-22-12 #801 : The Court on its own motion hereby continues all the above referenced matters from June 18, 2012 to Tuesday, June 26, 2012 at 1:30pm. by Judge Philip S. Gutierrez. (ir)
June 6, 2012 Filing 934 SEALED DOCUMENT- PLAINTIFFS' REPLY in Support of MOTION IN LIMINE NO. 4 TO EXCLUDE INTRODUCTION OF OR REFERENCE TO UNPRODUCED EVIDENCE. (mat) (Main Document 934 replaced on 6/8/2012) (mat).
June 6, 2012 Filing 933 SEALED DOCUMENT- PLAINTIFFS' REPLY in Support of MOTION IN LIMINE No. 3 to Exclude Evidence Treating Digital Sales as Physical Sales. (mat)
June 6, 2012 Filing 932 SEALED DOCUMENT- PLAINTIFFS Reply in Support of Motion in Limine No. 2 to Exclude Testimony and Report of John L. Hansen. (mat)
June 6, 2012 Filing 930 SEALED DOCUMENT- REPLY in Support of Plaintiffs' Motion for Leave to file Supplemental Complaint. (mat)
June 6, 2012 Filing 929 SEALED DOCUMENT- PLAINTIFFS' REPLY in Support of MOTION IN LIMINE No. 1 to Preclude Evidence or Argument or Deductions Based on Sharing Arrangements with Foreign Affiliates. (mat) Modified on 6/8/2012 (mat).
June 6, 2012 Filing 928 SEALED DOCUMENT- PLAINTIFFS' Evidentiary Objections to the Declaration of Ping Hu in Support of Defendants' MOTIONS IN LIMINE Nos. 1, 2 and 5. (mat)
June 6, 2012 Opinion or Order Filing 925 ORDER by Judge Philip S. Gutierrez: Having reviewed Plaintiffs' Application to file Confidential documents under seal #922 . The following documents shall be filed and maintained under seal until further Order of the Court: 1. Plaintiffs' Reply in support of Motion in Limine 1 to preclude evidence or argument of deductions based on Sharing Arrangements with Foreign Affiliates; 2. Plaintiffs' Reply in support of Motion in Limne No 2 to exclude the Expert Testimony and Report of John L Hansen; 3. Plaintiffs' Reply in support of Motions in Limine No 3. to exclude evidence treating Digital Sales as Physical Sales; 4. Plaintffs' Reply in support of Motion in Limine No 4 to Exclude Introduction of or Reference to Unproduced Evidence; 5. Plaintiffs' Evidentiary Objections to the Declaration of Ping Hu in support of Defendants' Motion in Limine Nos 1, 2 and 5; 6. (Proposed) Order Granting Plaintiffs' Evidentiary Objections to the Declaration of Ping Hu in support of Defendants' Motions in limine Nos 1, 2 and 5; and 7. Reply in support of Plaintiffs' Motion for leave to file Supplemental Complaint. (ir)
June 5, 2012 Filing 936 SEALED DOCUMENT- EXHIBITS 1, 4-6 to the Declaration of Melinda E. Lemoine in Support of Defendants' Replies in Support of Motions in Limine. (Attachments: Part 2, Part 3)(mat)
June 5, 2012 Filing 927 SEALED DOCUMENT- DEFENDANTS' REPLY to MOTION IN LIMINE No. 2 to Preclude Evidence and Argument Challenging or Rearguing Issues Resolved in the Court's October 31, 2011 Summary Judgment Order. (mat)
June 5, 2012 Filing 926 SEALED DOCUMENT- DEFENDANTS' REPLY in Support of MOTION IN LIMINE No. 1 to Exclude Expert Testimony of Gary Cohen. (mat)
June 5, 2012 Opinion or Order Filing 924 ORDER by Judge Philip S. Gutierrez: Defendants' Application to file document under seal pursuant to Protective Order #923 has been GRANTED. Pursuant to Docket No 123, the Modified Protective Order entered on 9/17/08 in this matter, the following documents shall hereby be filed under seal: (1) Defendants' Reply in support of Motion in Limine No 1 to exclude Expert Testimony of Gary Cohen; 2) Defendants' Reply in support of Motion in Limine No 2 to preclude evidence and argument Challenging or Rearguing Issues resolved in the Court's 10/31/11 Summary Judgment Order; (3) Exhibits 1, 4-6 to the Declaration of Melinda E LeMoine in support of Defendants' Replies in Support of Motions in limine. (ir)
June 4, 2012 Filing 923 APPLICATION to File document under seal pursuant to Protective Order filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. Lodged Proposed Order. (ir)
June 1, 2012 Filing 922 NOTICE OF APPLICATION AND APPLICATION to File Confidential documents under seal pursuant to Protective Order filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. Lodged Proposed Order. (ir)
June 1, 2012 Filing 921 REPLY In support of MOTION IN LIMINE to Exclude Reference to Expert Gary Cohen's Opinion in Robinson v. Sanctuary Records #773 filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Asimow, Daniel)
June 1, 2012 Filing 920 REPLY In support of MOTION IN LIMINE to Exclude Improper Evidence and Argument Relating to Plaintiffs' Luck or Wealth #772 filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Asimow, Daniel)
June 1, 2012 Filing 919 DECLARATION of Melinda E. Lemoine re Response in Support of Motion #916 , Response in Support of Motion #917 , Response in Support of Motion #918 , Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) #914 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (Attachments: #1 Exhibit 1 (under seal), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (under seal), #5 Exhibit 5 (under seal), #6 Exhibit 6 (under seal), #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(LeMoine, Melinda)
June 1, 2012 Filing 918 RESPONSE IN SUPPORT of MOTION IN LIMINE #5 to Exclude Undisclosed Expert Witness David Berman #782 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (LeMoine, Melinda)
June 1, 2012 Filing 917 RESPONSE IN SUPPORT of MOTION IN LIMINE #4 to Renew to Reaffirm the Court's Prior Rulings on Certain Motions in Limine #781 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (LeMoine, Melinda)
June 1, 2012 Filing 916 RESPONSE IN SUPPORT of MOTION IN LIMINE to Preclude Certain Evidence and Argument Concerning the History of the Dispute #780 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (LeMoine, Melinda)
June 1, 2012 Filing 915 PROOF OF SERVICE filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., of (1) Defendants Reply in Support of Motion in Limine No. 1 To Exclude Expert Testimony of Gary Cohen; (2) Defendants Reply in Support of Motion in Limine No. 2 To Preclude Evidence and Argument Challenging or Rearguing Issues Resolved in the Courts October 31, 2011 Summary Judgment Order; (3) Exhibits 1, 4-6 to the Declaration of Melinda E. LeMoine in Support of Defendants Replies in Support of Motions In Limine; (4) Application To File Under Seal Pursuant To Protective Order; And (5) [Proposed] Order Granting Defendants Application To File Under Seal Pursuant To Protective Order served on June 1, 2012. (LeMoine, Melinda)
June 1, 2012 Filing 914 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc. of Defendants Reply in Support of Motion in Limine No. 1 To Exclude Expert Testimony of Gary Cohen; Defendants Reply in Support of Motion in Limine No. 2 To Preclude Evidence and Argument Challenging or Rearguing Issues Resolved in the Courts October 31, 2011 Summary Judgment Order; and Exhibits 1, 4-6 to the Declaration of Melinda E. LeMoine in Support of Defendants Replies in Support of Motions In Limine. (LeMoine, Melinda)
June 1, 2012 Filing 913 PROOF OF SERVICE filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC, (1) Plaintiffs Reply in Support of Motion in Limine No. 1 to Preclude Evidence or Argument of Deductions Based on Sharing Arrangements with Foreign Affiliates; (2) Plaintiffs Reply in Support of Motion in Limine No. 2 to Exclude the Expert Testimony and Report of John L. Hansen; (3) Plaintiffs Reply in Support of Motion in Limine No. 3 to Exclude Evidence Treating Digital Sales as Physical Sales; (4) Plaintiffs Reply in Support of Motion in Limine No. 4 to Exclude Introduction of or Reference to Unproduced Evidence; (5) Plaintiffs Evidentiary Objections to the Declaration of Ping Hu in Support of Defendants Motions in Limine Nos. 1, 2 and 5; (6) [Proposed] Order Granting Plaintiffs Evidentiary Objections to the Declaration of Ping Hu in Support of Defendants Motions in Limine Nos. 1, 2 and 5; (7) Reply in Support of Plaintiffs Motion for Leave to File Supplemental Complaint; (8) Notice of Application and Application to File Confidential Documents Under Seal Pursuant to Protective Order; (9)Proposed Order Granting Application to File Confidential Documents Under Seal Pursuant to Protective Order served on June 1, 2012. (Asimow, Daniel)
June 1, 2012 Filing 912 NOTICE of Manual Filing filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC of (1) Plaintiffs Reply in Support of Motion in Limine No. 1 to Preclude Evidence or Argument of Deductions Based on Sharing Arrangements with Foreign Affiliates; (2) Plaintiffs Reply in Support of Motion in Limine No. 2 to Exclude the Expert Testimony and Report of John L. Hansen; (3) Plaintiffs Reply in Support of Motion in Limine No. 3 to Exclude Evidence Treating Digital Sales as Physical Sales; (4) Plaintiffs Reply in Support of Motion in Limine No. 4 to Exclude Introduction of or Reference to Unproduced Evidence; (5) Plaintiffs Evidentiary Objections to the Declaration of Ping Hu in Support of Defendants Motions in Limine Nos. 1, 2 and 5; (6) [Proposed] Order Granting Plaintiffs Evidentiary Objections to the Declaration of Ping Hu in Support of Defendants Motions in Limine Nos. 1, 2 and 5; (7) Reply in Support of Plaintiffs Motion for Leave to File Supplemental Complaint; (8) Notice of Application and Application to File Confidential Documents Under Seal Pursuant to Protective Order; (9)Proposed Order Granting Application to File Confidential Documents Under Seal Pursuant to Protective Order.. (Asimow, Daniel)
May 22, 2012 Filing 911 STIPULATION for Discovery as to Resolving Interested Party Apple Inc.'s Objection and Opposition to Joint Motion to Modify Protective Order [Docket No. 897] filed by Interested Party Rick James.(Han, Cecilia)
May 16, 2012 Opinion or Order Filing 908 ORDER by Magistrate Judge Margaret A. Nagle re Stipulation for Extension of Time to File Response/Reply #907 (ec)
May 16, 2012 Filing 907 Second STIPULATION for Extension of Time to File Response as to Objection/Opposition (Motion related) #897 filed by Interested Party Rick James. (Attachments: #1 Proposed Order)(Han, Cecilia)
May 14, 2012 Filing 910 SEALED DOCUMENT- Exhibits 3-20 and 23 to the Declaration of Melinda Lemoine in Support of Defendants' Opposition to Motion for Leave to file Supplemental Complaint. (mat) (Additional attachment(s) added on 5/17/2012: Part 2, Part 3, Part 4) (mat). Modified on 5/17/2012 (mat).
May 14, 2012 Filing 909 SEALED DOCUMENT- DEFENDANTS' Opposition to Plaintiffs' Motion for Leave to File Supplemental Complaint. (mat)
May 14, 2012 Opinion or Order Filing 905 ORDER by Judge Philip S. Gutierrez: Application to file document under seal pursuant to Protective Order #904 GRANTED. The following documents shall hereby be filed under seal: Defendants' opposition to Plaintiffs' Motion for leave to file Supplemental complaint; Exhibits 3-20 and 23 to the Declaration of Melinda E LeMoine in support of Defendants' opposition to Plaintiffs' Motion for leave to file Supplemental complaint. (ir)
May 11, 2012 Filing 906 NOTICE OF LODGING Proposed Order denying Plaintiffs' Motion for leave to file Supplemental complaint filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc. (ir)
May 11, 2012 Filing 904 APPLICATION to File documents under seal pursuant to Protective Order filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. Lodged Proposed Order. (ir)
May 10, 2012 Filing 903 PROOF OF SERVICE filed by DEFENDANTS Aftermath Records, F.B. T. Productions, LLC, UMG Recording, Inc., re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) #901 served on May 10, 2012. (LeMoine, Melinda)
May 10, 2012 Filing 902 DECLARATION of Melinda E. LeMoine re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) #901 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (under seal), #4 Exhibit 4 (under seal), #5 Exhibit 5 (under seal), #6 Exhibit 6 (under seal), #7 Exhibit 7 (under seal), #8 Exhibit 8 (under seal), #9 Exhibit 9 (under seal), #10 Exhibit 10 (under seal), #11 Exhibit 11 (under seal), #12 Exhibit 12 (under seal), #13 Exhibit 13 (under seal), #14 Exhibit 14 (under seal), #15 Exhibit 15 (under seal), #16 Exhibit 16 (under seal), #17 Exhibit 17 (under seal), #18 Exhibit 18 (under seal), #19 Exhibit 19 (under seal), #20 Exhibit 20 (under seal), #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23 (under seal))(LeMoine, Melinda)
May 10, 2012 Filing 901 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc. of Defendants Opposition to Plaintiffs Motion for Leave to File Supplemental Complaint; Exhibits 3-20 and 23 to the Declaration of Melinda E. LeMoine in Support of Defendants' Opposition to Plaintiffs Motion for Leave to File Supplemental Complaint. (LeMoine, Melinda)
May 9, 2012 Opinion or Order Filing 900 ORDER by Magistrate Judge Margaret A. Nagle re Stipulation for Order #899 (ec)
May 8, 2012 Filing 899 Joint STIPULATION for Order Regarding Response to Interested Party Apple Inc.'s Objection and Opposition to Joint Motion to Modify Protective Order filed by interested party Rick James. (Attachments: #1 Proposed Order)(Han, Cecilia)
April 25, 2012 Filing 898 REQUEST FOR JUDICIAL NOTICE in Support of Interested Party Apple Inc's Objection and Opposition to Joint Motion to Modify Protective Order (Dkt 897) filed by Interested Party Apple Inc.. (Attachments: #1 Proposed Order)(Schecter, Daniel)
April 25, 2012 Filing 897 Objection and Opposition in opposition re: MOTION for Protective Order #812 filed by Interested Party Apple Inc.. (Mausner, Joshua)
April 10, 2012 Filing 896 SEALED DOCUMENT- DEFENDANTS' Disputed Jury Instructions with Plaintiffs' Objections and Defendants' Replies Thereto. (mat)
April 10, 2012 Opinion or Order Filing 892 ORDER GRANTING DEFENDANTS' APPLICATION To File Document Under Seal Pursuant To Protective Order by Judge Philip S. Gutierrez granting #890 Application to Seal. (bm)
April 10, 2012 Filing 891 MINUTES OF FINAL PRETRIAL CONFERENCE held before Judge Philip S. Gutierrez: The Court confers with counsel regarding settlement, certain causes of action, motions in limine, and trial continuance. The Court takes a short recess to allow counsel to propose a plan of action. Back on the record, the Court approves the following: The April 24th trial date is vacated as well as, all deadlines associated with this trial date. A new trial date shall be reset in accordance with the Local Rules or by stipulation; The hearing date of June 18th is reserved for this case only; The opposition to the amended complaint is due: May 10, 2012; The reply to the motions in limine and the motion for leave to file supplemental complaint is due June 1, 2012; No additional motion filings will be permitted; and Today's transcripts are ordered sealed until further order of the Court. The court reporter shall contact the Court and Ms. LeMoine for additional instructions. Court Reporter: Sheri Kleeger. (bm)
April 9, 2012 Filing 895 SEALED DOCUMENT- PLAINTIFFS' PROPOSED JURY INSTRUCTIONS in Dispute.(mat)
April 9, 2012 Filing 894 SEALED DOCUMENT- ORDER Granting Application to File Confidential Document Under Seal Pursuant to Protective Order. (mat)
April 9, 2012 Filing 893 SEALED DOCUMENT- NOTICE OF APPLICATION AND APPLICATION to File Confidential Documents Under Seal Pursuant to Protective Order. (mat)
April 9, 2012 Filing 890 DEFENDANTS' APPLICATION TO FILE DOCUMENT UNDER SEAL PURSUANT TO PROTECTIVE ORDER filed by defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc. Lodged prop ord. (bm)
April 6, 2012 Filing 889 PROOF OF SERVICE filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc., re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) #888 served on April 6, 2012. (LeMoine, Melinda)
April 6, 2012 Filing 888 NOTICE of Manual Filing filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc. of Defendants' Disputed Jury instructions with Plaintiffs' Objections and Defendants' Replies Thereto; Application to File Under Seal; Proposed Order Granting Application. (LeMoine, Melinda)
April 6, 2012 Filing 887 PROPOSED JURY INSTRUCTIONS filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc... (LeMoine, Melinda)
April 6, 2012 Filing 886 PROPOSED JURY INSTRUCTIONS filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc... (LeMoine, Melinda)
April 6, 2012 Filing 882 PROOF OF SERVICE filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC, (1) Plaintiffs' Proposed Jury Instructions in Dispute; (2) Notice of Application and Application to File Confidential Documents Under Seal Pursuant to Protective Order; (3) [Proposed] Order Granting Application to File Confidential Documents Under Seal Pursuant to Protective Order served on 4/6/2012. (Asimow, Daniel)
April 6, 2012 Filing 881 NOTICE of Manual Filing filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC of (1) Plaintiffs' Proposed Jury Instructions in Dispute; (2) Notice of Application and Application to File Confidential Documents Under Seal Pursuant to Protective Order; (3) [Proposed] Order Granting Application to File Confidential Documents Under Seal Pursuant to Protective Order. (Asimow, Daniel)
April 5, 2012 IN CHAMBERS TEXT ONLY ENTRY by Judge Philip S. Gutierrez: PLEASE BE ADVISED that on the Court's own motion, the Final Pretrial Conference currently set for 04/09/12 is hereby reset for 4/10/2012 01:30pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY
April 2, 2012 Filing 885 SEALED DOCUMENT- EXHIBITS 1 through 3 to Declaration of Daniel B. Asimow in Support of Plaintiffs' Exparte Application to Advance the Hearing Date on Plaintiffs' Motion for Leave to File Supplemental Complaint to April 23, 2012. (Attachments: Part 2)(mat)
April 2, 2012 Filing 884 SEALED DOCUMENT- ORDER Granting Application to File Confidential Documents Under Seal Pursuant to Protective Order. (mat)
April 2, 2012 Filing 883 SEALED DOCUMENT- NOTICE OF APPLICATION and Application to File Confidential Documents Under Seal Pursuant to Protective Order. (mat)
April 2, 2012 Filing 875 Proposed Voir Dire Questions filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc... (LeMoine, Melinda)
April 2, 2012 Filing 874 Proposed Voir Dire Questions filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC.. (Asimow, Daniel)
April 2, 2012 Filing 873 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Attachments: #1 Proposed Order Proposed Pretrial Conference Order, #2 Exhibit A to Pretrial Conference Order, #3 Exhibit B to Proposed Pretrial Conference Order)(Asimow, Daniel)
March 30, 2012 Opinion or Order Filing 872 ORDER by Judge Philip S. Gutierrez: DENYING Plaintiff's Ex Parte Application to advance the hearing date on Plaintiffs' motion for leave to file Supplemental complaint to 4/23/12 #852 . (ir)
March 30, 2012 Filing 863 REPLY In Support of EX PARTE APPLICATION to Reschedule Hearing on Plaintiffs' Motion for Leave to File Supplemental Complaint from May 14, 2012, to April 23, 2012, #852 filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Asimow, Daniel)
March 29, 2012 Filing 860 Opposition in opposition to re: EX PARTE APPLICATION to Reschedule Hearing on Plaintiffs' Motion for Leave to File Supplemental Complaint from May 14, 2012, to April 23, 2012, #852 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (Attachments: #1 Declaration)(LeMoine, Melinda)
March 28, 2012 Filing 880 SEALED DOCUMENT- DECLARATION of Daniel B. Asimow in Support of Plaintiffs' MOTION for Leave to file Supplemental Complaint. (Attachments: Part 2, Part 3, Part 4, Part 5)(mat)
March 28, 2012 Filing 879 SEALED DOCUMENT- DECLARATION of Gary Cohen in Support of Plaintiffs' MOTION for Leave to file Supplemental Complaint. (mat)
March 28, 2012 Filing 878 SEALED DOCUMENT- MEMORANDUM of Points and Authorities in Support of Plaintiffs' Motion for Leave to File Supplemental Complaint. (mat)
March 28, 2012 Opinion or Order Filing 862 ORDER by Judge Philip S. Gutierrez: GRANTING Application to file Confidential documents under seal pursuant to Protective Order #861 . The following documents shall be filed and maintained under seal until further order of the Court: (1) Memorandum of Points and Authorities in support of Plaintiffs' Motion for Leave to file Supplemental Complaint; 2) Declaration of Daniel B. Asimow in support of Plaintiffs' Motion for Leave to file Supplemental Complaint; (3) Declaration of Gary Cohen in support of Plaintiffs' Motion for Leave to File Supplemental complaint. Plaintiffs' Application to file Confidential Documents under seal pursuant to Protective Order is granted in its entirety. (ir)
March 28, 2012 Filing 861 NOTICE OF APPLICATION and Application to File Confidential documents under seal pursuant to Protective Order filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (ir)
March 28, 2012 Opinion or Order Filing 857 NOTICE OF DISCREPANCY AND ORDER: by Judge Philip S. Gutierrez, ORDERING Proposed Order submitted by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC received on 3/27/2012 is not to be filed but instead rejected. Denial based on: Lacking other documents (memo, decl & Application). (mat) (Additional attachment(s) added on 3/29/2012: #1 SEALED DOCUMENT- PROPOSED ORDER granting Application to File Confidential Documents Under Seal Pursuant to Protective Order) (mat).
March 28, 2012 Filing 854 PROOF OF SERVICE filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC, (1) Exhibits 1 Through 3 To Declaration Of Daniel B. Asimow In Support Of Plaintiffs Ex Parte Application To Advance The Hearing Date On Plaintiffs Motion For Leave To File Supplemental Complaint To April 23, 2012; (2) Notice Of Application And Application To File Confidential Documents Under Seal Pursuant To Protective Order; (3) [Proposed] Order Granting Application To File Confidential Documents Under Seal Pursuant To Protective Order served on 3/28/2012. (Asimow, Daniel)
March 28, 2012 Filing 853 DECLARATION of Daniel B. Asimow Plaintiffs' Ex Parte Application to Advance the Hearing Date on Plaintiffs' Motion For Leave to File Supplemental Complaint to April 23, 2012 EX PARTE APPLICATION to Reschedule Hearing on Plaintiffs' Motion for Leave to File Supplemental Complaint from May 14, 2012, to April 23, 2012, #852 filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Asimow, Daniel)
March 28, 2012 Filing 852 EX PARTE APPLICATION to Reschedule Hearing on Plaintiffs' Motion for Leave to File Supplemental Complaint from May 14, 2012, to April 23, 2012, filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Attachments: #1 Proposed Order)(Asimow, Daniel)
March 28, 2012 Filing 851 NOTICE of Manual Filing filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC of (1) Exhibits 1 Through 3 To Declaration Of Daniel B. Asimow In Support Of Plaintiffs Ex Parte Application To Advance The Hearing Date On Plaintiffs Motion For Leave To File Supplemental Complaint To April 23, 2012; (2) Notice Of Application And Application To File Confidential Documents Under Seal Pursuant To Protective Order; (3) [Proposed] Order Granting Application To File Confidential Documents Under Seal Pursuant To Protective Order. (Asimow, Daniel)
March 26, 2012 Filing 877 SEALED DOCUMENT- PLAINTIFFS' Opposition to Defendants' Motion in Limine No. 3 to Preclude Certain Evidence and Argument Concerning the History of the Dispute. (mat)
March 26, 2012 Filing 876 SEALED DOCUMENT- DECLARATION of Daniel B. Asimow in Opposition to Defendants' Motions in Limine. (Attachments: Part 2, Part 3, Part 4)(mat)
March 26, 2012 Filing 871 SEALED DOCUMENT- PLAINTIFFS' Opposition to Defendants' MOTION IN LIMINE #1 to Exclude Expert Testimony of Gary Cohen. (mat)
March 26, 2012 Filing 870 SEALED DOCUMENT- PLAINTIFFS' Opposition to Defendants' MOTION IN LIMINE #2 to Preclude Evidence and Argument Challenging or Rearguing Issues Resolved in the Court's October 31, 2011 Summary Judgment Order. (mat)
March 26, 2012 Filing 869 SEALED DOCUMENT- PLAINTIFFS' OPPOSITION to Defendants' MOTION IN LIMINE #5 to Exclude David Berman.(mat)
March 26, 2012 Filing 868 SEALED DOCUMENT- DEFENDANTS' OPPOSITION TO Plaintiffs' Motion in Limine NO. 1 to Preclude Evidence or Argument of Deductions based on Sharing Arrangements with Foreign Affiliates. (mat)
March 26, 2012 Filing 867 SEALED DOCUMENT- DEFENDANTS' OPPOSITION to PLAINTIFFS' MOTION IN LIMINE No. 2 to Exclude the Expert Testimony of John L. Hansen. (mat)
March 26, 2012 Filing 866 SEALED DOCUMENT- DEFENDANTS' Opposition to PLAINTIFFS' MOTION IN LIMINE No. 3 to Exclude Evidence Treating Digital Sales as Physical Sales. (mat)
March 26, 2012 Filing 865 SEALED DOCUMENT- EXHIBITS 1-5, 8-11, 13, 15-22, 24, 31, 36 to the Declaration of Melinda E. Lemoine in Support of Defendants' Oppositions to Plaintiffs' Motions in Limine. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9)(mat)
March 26, 2012 Filing 864 SEALED DOCUMENT- DEFENDANTS' OPPOSITION to Plaintiffs' MOTION IN LIMINE NO. 4 TO EXCLUDE INTRODUCTION OF OR REFERENCE TO UNPRODUCED EVIDENCE. (mat)
March 26, 2012 Opinion or Order Filing 859 ORDER by Judge Philip S. Gutierrez: GRANTING Defendants' Application to file document under seal pursuant to Protective Order #858 . The following documents shall hereby be filed under seal: (1) Defendants' Opposition to Plaintiffs' Motion In Limine No.1 to Preclude Evidence or Argument of Deductions Based on Sharing Arrangements with Foreign Affiliates; (2) Defendants' Opposition to Plaintiffs' Motion In Limine No.2. to Exclude the Expert Testimony of John L. Hansen; (3) Defendants' Opposition to Plaintiffs' Motion In Limine No.3 to Exclude Evidence Treating Digital Sales as Physical Sales; (4) Defendants' Opposition to Plaintiffs' Motion In Limine No.4 to Exclude Introduction of or Reference to Unproduced Evidence; and (5) Exhibits 1-5,8-11,13, 15-22,24, 31, 36 to the Declaration ofMelinda E. LeMoine in Support of Defendants' Oppositions to Plaintiffs' Motions In Limine. (ir)
March 26, 2012 Filing 858 APPLICATION to File documents under seal pursuant to Protective order filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. Lodged Proposed Order. (ir)
March 26, 2012 Opinion or Order Filing 856 ORDER GRANTING APPLICATION TO FILE CONFIDENTIAL DOCUMENTS UNDER SEAL PURSUANT TO PROTECTIVE ORDER by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED THAT: The following documents shall be filed and maintained under seal until further Order of the Court 1. Plaintiffs' Opposition to Defendants' Motion in Limine No.1 to Exclude Expert Testimony of Gary Cohen; 2. Plaintiffs' Opposition to Defendants' Motion in Limine No.2 to Preclude Evidence and Argument Challenging or Rearguing Issues Resolved in the Court's October 31,2011 Summary Judgment Order; 3. Plaintiffs' Opposition to Defendants' Motion in Limine No.3 to Preclude Certain Evidence and Argument Concerning the History ofthe Dispute; 4. Plaintiffs' Opposition to Defendants' Motion in Limine No.5 to Exclude David Berman and 5. Declaration of Daniel B. Asimow in Opposition to Defendants' Motions in Limine. IT IS HEREBY ORDERED that Plaintiffs' Application to File Confidential Documents Under Seal Pursuant to Protective Order is granted in its entirety. RE: granting #855 Application to Seal (lw)
March 26, 2012 Filing 855 NOTICE OF APPLICATION AND APPLICATION to File Confidential Documents Under Seal Pursuant to Protective Order filed by plaintiffs Em2M, LLC, F.B. T. Productions, LLC., (lw)
March 26, 2012 Filing 850 NOTICE OF MOTION AND MOTION for Leave to file Supplemental Complaint filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. Motion set for hearing on 5/14/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Asimow, Daniel)
March 26, 2012 Filing 848 PROOF OF SERVICE filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC, (1) Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Leave to File Supplemental Complaint; (2) Declaration of Gary Cohen in Support of Plaintiffs' Motion for Leave to File Supplemental Complaint; (3) Declaration of Daniel B. Asimow in Support of Plaintiffs' Motion for Leave to File Supplemental Complaint; (4) Notice of Application and Application to File Confidential Documents Under Seal Pursuant to Protective Order; (5) [Proposed] Order Granting Application to File Confidential Documents Under Seal Pursuant to Protective Order served on 3/26/2012. (Asimow, Daniel)
March 26, 2012 Filing 847 NOTICE of Manual Filing filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC of (1) Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Leave to File Supplemental Complaint; (2) Declaration of Gary Cohen in Support of Plaintiffs' Motion for Leave to File Supplemental Complaint; (3) Declaration of Daniel B. Asimow in Support of Plaintiffs' Motion for Leave to File Supplemental Complaint; (4) Notice of Application and Application to File Confidential Documents Under Seal Pursuant to Protective Order; (5) [Proposed] Order Granting Application to File Confidential Documents Under Seal Pursuant to Protective Order. (Asimow, Daniel)
March 23, 2012 Filing 846 DECLARATION of Melinda E. LeMoine re Objection/Opposition (Motion related), Objection/Opposition (Motion related) #844 , Objection/Opposition (Motion related), Objection/Opposition (Motion related) #845 , Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) #841 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 - Filed Under Seal, #9 Exhibit 9 - Filed Under Seal, #10 Exhibit 10 - Filed Under Seal, #11 Exhibit 11 - Filed Under Seal, #12 Exhibit 12, #13 Exhibit 13 - Filed Under Seal, #14 Exhibit 14, #15 Exhibit 15 - Filed Under Seal, #16 Exhibit 16 - Filed Under Seal, #17 Exhibit 17 - Filed Under Seal, #18 Exhibit 18 - Filed Under Seal, #19 Exhibit 19 - Filed Under Seal, #20 Exhibit 20 - Filed Under Seal, #21 Exhibit 21 - Filed Under Seal, #22 Exhibit 22 - Filed Under Seal, #23 Exhibit 23, #24 Exhibit 24 - Filed Under Seal, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31 - Filed Under Seal, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36 - Filed Under Seal, #37 Exhibit 37)(LeMoine, Melinda)
March 23, 2012 Filing 845 Opposition re: MOTION IN LIMINE to Exclude Reference to Expert Gary Cohen's Opinion in Robinson v. Sanctuary Records #773 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (Attachments: #1 Proposed Order)(LeMoine, Melinda)
March 23, 2012 Filing 844 Opposition re: MOTION IN LIMINE to Exclude Improper Evidence and Argument Relating to Plaintiffs' Luck or Wealth #772 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (Attachments: #1 Proposed Order)(LeMoine, Melinda)
March 23, 2012 Filing 843 NOTICE OF LODGING filed of Proposed Orders re MOTION IN LIMINE to Exclude Introduction of or Reference to Unproduced Evidence #771 , MOTION IN LIMINE to Preclude #794 , MOTION IN LIMINE to Exclude #795 , MOTION IN LIMINE to Exclude #796 (Attachments: #1 Proposed Order Denying Plaintiffs' MIL #1, #2 Proposed Order Denying Plaintiffs' MIL #2, #3 Proposed Order Denying Plaintiffs' MIL #3, #4 Proposed Order Denying Plaintiffs' MIL #4)(LeMoine, Melinda)
March 23, 2012 Filing 842 PROOF OF SERVICE filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., of Under-Seal Documents and Documents Manually Filed served on March 23, 2012. (LeMoine, Melinda)
March 23, 2012 Filing 841 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc. of Defs Opp. to Plaintiffs Motion In Limine (MIL) 1 to Preclude Evidence or Argument of Deductions Based on Sharing Arrangements with Foreign Affiliates; Defs Opp. to MIL 2 to Exclude Expert Testimony of John L. Hansen; Defs Opp. to MIL 3 to Exclude Evidence Treating Digital Sales as Physical Sales; Defs Opp. to MIL 4 to Exclude Introduction of or Reference to Unproduced Evidence; and Exhs. 1-5, 8-11, 13, 15-22, 24, 31, 36 to Declaration of Melinda E. LeMoine iso Defs Opposition; [Proposed] Order Granting Defendants Application to File Under Seal Pursuant to Protective Order; and Defendants Application to File Under Seal Pursuant to Protective Order. (LeMoine, Melinda)
March 23, 2012 Filing 840 NOTICE OF LODGING filed [Proposed] Order Denying Defendants' Motion in Limine No. 5 re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) #834 (Attachments: #1 Proposed Order)(Asimow, Daniel)
March 23, 2012 Filing 839 MEMORANDUM in Opposition to MOTION IN LIMINE #4 to Renew to Reaffirm the Court's Prior Rulings on Certain Motions in Limine #781 filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Attachments: #1 Proposed Order)(Asimow, Daniel)
March 23, 2012 Filing 838 NOTICE OF LODGING filed [Proposed] Order Denying Defendants' Motion in Limine No. 3 re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) #834 (Attachments: #1 Proposed Order)(Asimow, Daniel)
March 23, 2012 Filing 837 NOTICE OF LODGING filed [Proposed] Order Denying Defendants' Motion in Limine No. 2 re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) #834 (Attachments: #1 Proposed Order)(Asimow, Daniel)
March 23, 2012 Filing 836 NOTICE OF LODGING filed [Proposed] Order Denying Defendants' Motion in Limine No. 1 re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) #834 (Attachments: #1 Proposed Order)(Asimow, Daniel)
March 23, 2012 Filing 835 PROOF OF SERVICE filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC, (1) Plaintiffs Opposition To Defendants Motion In Limine No. 1 To Exclude Expert Testimony Of Gary Cohen; (2) Plaintiffs Opposition To Defendants Motion In Limine No. 2 To Preclude Evidence And Argument Challenging Or Rearguing Issues Resolved In The Courts October 31, 2011 Summary Judgment Order; (3) Plaintiffs Opposition To Defendants Motion In Limine No.3 To Preclude Certain Evidence And Argument Concerning The History Of The Dispute; (4) Plaintiffs Opposition To Defendants Motion In Limine No. 5 To Exclude David Berman; (5) Declaration Of Daniel B. Asimow In Opposition To Defendants Motions In Limine; (6) Notice Of Application And Application To File Confidential Documents Under Seal Pursuant To Protective Order; (7) [Proposed] Order Granting Application To File Confidential Documents Under Seal Pursuant To Protective Order served on 3/23/2012. (Asimow, Daniel)
March 23, 2012 Filing 834 NOTICE of Manual Filing filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC of (1) PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION IN LIMINE NO. 1 TO EXCLUDE EXPERT TESTIMONY OF GARY COHEN; (2) PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION IN LIMINE NO. 2 TO PRECLUDE EVIDENCE AND ARGUMENT CHALLENGING OR REARGUING ISSUES RESOLVED IN THE COURTS OCTOBER 31, 2011 SUMMARY JUDGMENT ORDER; (3) PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION IN LIMINE NO.3 TO PRECLUDE CERTAIN EVIDENCE AND ARGUMENT CONCERNING THE HISTORY OF THE DISPUTE; (4) PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION IN LIMINE NO. 5 TO EXCLUDE DAVID BERMAN; (5) DECLARATION OF DANIEL B. ASIMOW IN OPPOSITION TO DEFENDANTS MOTIONS IN LIMINE (6) NOTICE OF APPLICATION AND APPLICATION TO FILE CONFIDENTIAL DOCUMENTS UNDER SEAL PURSUANT TO PROTECTIVE ORDER; (7) [PROPOSED] ORDER GRANTING APPLICATION TO FILE CONFIDENTIAL DOCUMENTS UNDER SEAL PURSUANT TO PROTECTIVE ORDER. (Asimow, Daniel)
March 22, 2012 Filing 833 TRANSCRIPT ORDER for date of proceedings April 25, 2008 to April 29, 2008 re: Transcript (CV) 90 , Transcript (CV) 91 , as to Defendants Aftermath Records, Interscope Records, UMG Recording, Inc. Court Smart (CS). Court will contact Jennifer Lawlor at Jennifer.Lawlor@mto.com with any questions regarding this order. Transcript portion requested: Other: 04/25/2008 and 04/29/2008. Category: Daily. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (LeMoine, Melinda)
March 13, 2012 Opinion or Order Filing 849 ORDER MODIFYING PROTECTIVE ORDER by Magistrate Judge Margaret A. Nagle: granting #812 Motion for Protective Order. (mz)
March 13, 2012 NOTICE by Magistrate Judge Margaret A. Nagle taking off calendar the hearing scheduled for 3/13/12 regarding the Joint Motion to Modify. The Court will take the Motion under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ec) TEXT ONLY ENTRY
March 5, 2012 Filing 832 MINUTES: STATUS CONFERENCE: The Court's trial schedule is discussed, and with the agreement of counsel, the trial date is continued to April 24, 2012 at 9am, and the final pretrial conference is continued to April 9, 2012 at 2:30pm. A synopsis of the parties' motions in limine is also provided to the Court, as well as, an update of their mediation progress by Judge Philip S. Gutierrez Court Reporter: Miriam Baird. (ir)
March 5, 2012 Filing 831 TRANSCRIPT ORDER for date of proceedings 03/05/2012 to 03/05/2012 as to Defendants Aftermath Records, Interscope Records, UMG Recording, Inc. Court Reporter Miriam Baird. Court will contact Jennifer Lawlor at Jennifer.Lawlor@mto.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 03/05/2012. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (LeMoine, Melinda)
March 2, 2012 IN CHAMBERS TEXT ONLY ENTRY by Judge Philip S. Gutierrez: Please be advised that on the Court's own motion, a Status Conference is hereby set for 3/5/2012 at 01:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY
February 29, 2012 Filing 830 SEALED DOCUMENT- PLAINTIFFS MEMORANDUM of CONTENTIONS of FACT and LAW. (mat)
February 29, 2012 Filing 829 SEALED DOCUMENT- CONFIDENTIAL VERSION OF DEFENDANTS' MEMORANDUM of CONTENTIONS of FACT and LAW [Local Rule 16-4] (mat)
February 29, 2012 Opinion or Order Filing 828 ORDER by Judge Philip S. Gutierrez GRANTING #826 Defendants' Application To File Under Seal Pursuant To Protective Order. (bm)
February 29, 2012 Opinion or Order Filing 827 ORDER by Judge Philip S. Gutierrez granting #822 Application To File Confidential Documents Under Seal Pursuant To Protective Order. (bm)
February 28, 2012 Filing 826 DEFENDANTS' APPLICATION To File Document Under Seal Pursuant To Protective Order filed by defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. Motion set for hearing on 4/3/2012 at 9:00 AM before Judge Philip S. Gutierrez. Lodged prop ord. (bm)
February 28, 2012 Opinion or Order Filing 825 ORDER by Judge Philip S. Gutierrez: Having received and reviewed Plaitniff's Application to file Confidential documents under seal #820 , The following documents shall be filed and maintained under seal until further Order of the Court: Exhibit 9 to the Declaration of Daniel B Asimow in support of Plaintiffs' Motion in limine. Plaintiffs' Application to file Confidential documents under seal pursuant to Protective Order is granted in its entirety. (ir)
February 28, 2012 Filing 824 SEALED DOCUMENT- EXHIBIT 9 to the Declaration of Daniel B. Asimow in Support of Plaintiffs' Motions in Limine. (mat)
February 28, 2012 Opinion or Order Filing 823 ORDER by Judge Philip S. Gutierrez GRANTING #793 Application To Seal Confidential Document (Exhibit 9 To Asimow Declaration) Pursuant to Protective Order: Having received and reviewed Plaintiffs Application to File Confidential Documents Under Seal IT IS HEREBY ORDERED THAT: The following document shall be permanently sealed on the Court Docket until further Order of the Court: Exhibit 9 To The Declaration Of Daniel B. Asimow In Support Of Plaintiffs' Motions In Limine (attachment to Docket Number 774). IT IS HEREBY ORDERED that Plaintiffs Application to Seal Confidential Document (Exhibit 9 to Asimow Declaration) Pursuant to Protective Order. (bm)
February 28, 2012 Filing 819 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Asimow, Daniel)
February 28, 2012 Filing 818 NOTICE of Appearance filed by attorney Roger Norton Heller on behalf of Interested Party Rick James (Heller, Roger)
February 27, 2012 Filing 822 NOTICE OF APPLICATION AND APPLICATION TO FILE Confidential Documents Under Seal Pursuant To Protective Order filed by plaintiffs Em2M, LLC, F.B. T. Productions, LLC. Lodged prop ord. (bm)
February 27, 2012 Filing 811 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. (LeMoine, Melinda)
February 27, 2012 Filing 810 PROOF OF SERVICE filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc., served on February 27, 2012. (LeMoine, Melinda)
February 27, 2012 Filing 809 NOTICE of Manual Filing filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc. of Confidential Version of Defendants' Memorandum of Contentions of Fact and Law [Local Rule 16-4]. (LeMoine, Melinda)
February 27, 2012 Filing 808 JOINT Exhibit List filed by Plaintiffs and Defendants Aftermath Records, Ary, Inc., Em2M, LLC, F.B. T. Productions, LLC, Interscope Records, UMG Recording, Inc... (LeMoine, Melinda)
February 27, 2012 Filing 807 Witness List filed by Joint Plaintiffs and Defendants Aftermath Records, Ary, Inc., Em2M, LLC, F.B. T. Productions, LLC, Interscope Records, UMG Recording, Inc... (LeMoine, Melinda)
February 27, 2012 Filing 805 AMENDED PROOF OF SERVICE filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC, served on 2-27-2012. (Asimow, Daniel)
February 27, 2012 Filing 804 OF SERVICE filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC, re Plaintiffs' Memorandum of Contentions of Fact and Law served on 2-27-2012. (Asimow, Daniel)
February 27, 2012 Filing 803 NOTICE of Manual Filing filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC of Plaintiffs. (Asimow, Daniel)
February 24, 2012 Filing 821 PROOF OF SERVICE filed by plaintiffs Em2M, LLC, F.B. T. Productions, LLC, re NOTICE OF APPLICATION AND APPLICATION TO FILE Confidential Documents Under Seal Pursuant To Protective Order #820 served on 2/24/12. (bm)
February 24, 2012 Filing 820 NOTICE OF APPLICATION AND APPLICATION TO FILE Confidential Documents Under Seal Pursuant To Protective Order filed by plaintiffs Em2M, LLC, F.B. T. Productions, LLC. Lodged proposed order. (bm)
February 24, 2012 Filing 798 Corrected NOTICE of Manual Filing filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC of Notice of Application and Application to File Confidential Documents Under Seal; Proposed Order; Proof of Service and Exhibit 9 to the Declaration of Daniel B. Asimow in Support of Plaintiff's Motions In Limine. (Asimow, Daniel)
February 24, 2012 Filing 793 APPLICATION for Order for to Seal Exhibit 9 to Declaration of Daniel B. Asimow In Support of Plaintiffs' Motions In Limine filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Asimow, Daniel)
February 24, 2012 Filing 792 NOTICE of Manual Filing filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC of Exhibit 9 to Declaration of Daniel B. Asimow in Support of Plaintiffs' Motions in Limine; Application to File Under Seal; Proposed Order Granting Application to File Under Seal. (Asimow, Daniel)
February 23, 2012 Filing 817 SEALED DOCUMENT- EXHIBIT 11 to the Declaration of Kelly M. Klaus in Support of Defendants' MOTIONS IN LIMINE. (mat)
February 23, 2012 Filing 816 SEALED DOCUMENT- EXHIBIT 17 to the Declaration of Melinda E. Lemoine in Support of Defendants' MOTIONS IN LIMINE. (mat)
February 23, 2012 Opinion or Order Filing 815 ORDER by Judge Philip S. Gutierrez: Defendants' Application to file the following Confidential and/or Confidential-Attorney's Eyes only material under seal #806 has been GRANTED. Pursuant to Docket No 123, the Modified Protective Order entered on 9/17/08 in this matter, the following documents shall hereby be filed under seal: (1) Exhibit 11 to the Declaration of Kelly M Klaus in support of Defendants' Motions in limine (inadvertently filed as docket no 786-11 on 2/17/12); and (2) Exhibit 17 to the Declaration of Melinda E LeMoine in support of Defendants' Motion in limine (inadvertently filed as docket No 783-17 on 2/17/12) (ir)
February 23, 2012 Filing 806 APPLICATION to File under seal pursuant to Protective Order filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. Lodged Proposed Order. (ir)
February 23, 2012 Filing 788 PROOF OF SERVICE filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., served on February 23, 2012. (LeMoine, Melinda)
February 23, 2012 Filing 787 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc. of Exhibits 11 to the Declaration of Kelly M. Klaus iso Defendants' Motions in Limine; Exhibit 17 to the Declaration of Melinda E. Lemoine iso Defendants' Motions in Limine; Application to File Documents Under Seal; [Proposed] Order Granting Application to File Documents Under Seal. (LeMoine, Melinda)
February 22, 2012 Filing 802 SEALED DOCUMENT- Declaration of Ping Hu in Support of Defendants' Motions in Limine Nos. 1, 2 and 5. (mat)
February 22, 2012 Filing 801 SEALED DOCUMENT- Defendants' Notice of Motion and Motion in Limine No. 1 to Exclude Expert Testimony of Gary Cohen. (mat)
February 22, 2012 Filing 800 SEALED DOCUMENT- EXHIBITS 3, 6, and 16 to the Declaration of Melinda E. Lemoine in Support of Defendants' Motions in Limine. (Attachments: Part 2, Part 3, Part 4, Part 5)(mat)
February 22, 2012 Filing 799 SEALED DOCUMENT- EXHIBITS 1, 2, 5 AND 10 to the Declarations of Kelly M. Klaus in Support of Defendants' Motions in Limine. (Attachments: Part 2)(mat)
February 21, 2012 Filing 797 SEALED DOCUMENT- CONFIDENTIAL DECLARATION of Richard S. Busch in Support of Plaintiffs' Motions in Limine. (Attachments: Part 2, Part 3, Part 4)(mat)
February 21, 2012 Filing 796 SEALED DOCUMENT- PLAINTIFFS' MOTION IN LIMINE No. 3 to Exclude Evidence Treating Digital Sales as Physical Sales. (mat)
February 21, 2012 Filing 795 SEALED DOCUMENT- PLAINTIFFS' MOTION IN LIMINE No. 2 Notice of Motion and Motion in Limine No. 2 to Exclude Testimony and Report of John L. Hansen. (mat)
February 21, 2012 Filing 794 SEALED DOCUMENT- Plaintiffs' Motion in Limine NO. 1 Notice of Motion and Motion to Preclude Evidence or Based on Sharing Argument of Deductions based on Sharing Arrangements with Foreign Affiliates. (mat)
February 21, 2012 Opinion or Order Filing 791 ORDER GRANTING APPLICATION TO FILE CONFIDENTIAL DOCUMENTS UNDER SEAL PURSUANT TO PROTECTIVE ORDER by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED THAT: The following documents shall be filed and maintained under seal until further Order of the Court: 1. Plaintiffs' Motion In Limine No.1: Notice Of Motion And Motion In Limine No. 1 To Preclude Evidence Or Argument Of Deductions Based On Sharing Arrangements With Foreign Affiliates; 2. Plaintiffs' Motion In Limine No.2: Notice Of Motion And Motion In Limine No.2 To Exclude The Expert Testimony And Report Of John 1. Hansen; 3. Plaintiffs' Motion In Limine No.3: Notice Of Motion And Motion In Limine No.3 To Exclude Evidence Treating Digital Sales As Physical Sales; and4. Confidential Declaration Of Richard S. Busch In Support Of Plaintiffs' Motions In Limine. IT IS HEREBY ORDERED that Plaintiffs' Application to File Confidential Documents Under Seal Pursuant to Protective Order is granted in its entirety. RE: #789 (lw)
February 21, 2012 Filing 790 DEFENDANT'S APPLICATION to File Under Seal Pursuant to Protective Order filed by defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. Lodged proposed order. (lw)
February 17, 2012 Filing 814 PROOF OF SERVICE filed by Interested Party Rick James, re MOTION for Protective Order, #812 and Notice (Other), Notice (Other), #813 served on 2/17/12. (mz)
February 17, 2012 Filing 813 NOTICE OF JOINT MOTION AND JOINT MOTION TO MODIFY PROTECTIVE ORDER BY DEFENDANT UMG RECORDINGS, INC. AND NON-PARTY RICK JAMES, BY AND THROUGH HIS SUCCESSOR THE JAMES AMBROSE JOHNSON, JR. 1999 TRUST, INDIVIDUALLY AND BEHALF OF ALL OTHERS SIMILARLY SITUATED filed by Interested Party Rick James. (mz)
February 17, 2012 Filing 812 JOINT MOTION TO MODIFY PROTECTIVE ORDER BY DEFENDANT UMG RECORDINGS, INC. AND NON-PARTY RICK JAMES, BY AND THROUGH HIS SUCCESSOR THE JAMES AMBROSE JOHNSON, JR. 1999 TRUST, INDIVIDUALLY AND BEHALF OF ALL OTHERS SIMILARLY SITUATED filed by Interested Party Rick James. Motion set for hearing on 3/13/2012 at 10:00 AM before Magistrate Judge Margaret A. Nagle. (mz)
February 17, 2012 Filing 789 NOTICE OF APPLICATION and Application to File Confidential Documents Under Seal Pursuant to Protective Order filed by plaintiffs Em2M, LLC, F.B. T. Productions, LLC. Lodged proposed order. (lw)
February 17, 2012 Filing 786 DECLARATION of Kelly M. Klaus In Support of Defendants' Motions In Limine MOTION IN LIMINE to Preclude Certain Evidence and Argument Concerning the History of the Dispute #780 , MOTION IN LIMINE #2 to Preclude Evidence and Argument Challenging or Rearguing Issues Resolved in the Court's October 31, 2011 Summary Judgment Order #779 , MOTION IN LIMINE #5 to Exclude Undisclosed Expert Witness David Berman #782 , MOTION IN LIMINE #1 to Exclude Expert Testimony of Gary Cohen #778 , MOTION IN LIMINE #4 to Renew to Reaffirm the Court's Prior Rulings on Certain Motions in Limine #781 filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. (Attachments: #1 Exhibit No. 1 UNDER SEAL, #2 Exhibit No. 2 UNDER SEAL, #3 Exhibit No. 3, #4 Exhibit No. 4, #5 Exhibit No. 5 UNDER SEAL, #6 Exhibit No. 6, #7 Exhibit No. 7, #8 Exhibit No. 8, #9 Exhibit No. 9, #10 Exhibit No. 10 UNDER SEAL, #11 Exhibit No. 11)(LeMoine, Melinda)
February 17, 2012 Filing 785 PROOF OF SERVICE filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc., served on February 17, 2012. (LeMoine, Melinda)
February 17, 2012 Filing 784 NOTICE of Manual Filing filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc. of Exhibits 1, 2, 5 and 10 to Decl. of Kelly M. Klaus ISO MILs; Exhibits 3, 6 and 16 to Decl. of Melinda E. LeMoine ISO Defendants' MILs; Declaration of Ping Hu ISO of MIL Nos. 1, 2 and 5; MIL No. 1; Application to File Under Seal Pursuant to Protective Order; and [Proposed] Order. (LeMoine, Melinda)
February 17, 2012 Filing 783 DECLARATION of Melina E. LeMoine in Support of Defendants' Motions In Limine MOTION IN LIMINE to Preclude Certain Evidence and Argument Concerning the History of the Dispute #780 , MOTION IN LIMINE #2 to Preclude Evidence and Argument Challenging or Rearguing Issues Resolved in the Court's October 31, 2011 Summary Judgment Order #779 , MOTION IN LIMINE #5 to Exclude Undisclosed Expert Witness David Berman #782 , MOTION IN LIMINE #1 to Exclude Expert Testimony of Gary Cohen #778 , MOTION IN LIMINE #4 to Renew to Reaffirm the Court's Prior Rulings on Certain Motions in Limine #781 filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. (Attachments: #1 Exhibit No. 1, #2 Exhibit No. 2, #3 Exhibit No. 3 UNDER SEAL, #4 Exhibit No. 4, #5 Exhibit No. 5, #6 Exhibit No. 6 UNDER SEAL, #7 Exhibit No. 7, #8 Exhibit No. 8, #9 Exhibit No. 9, #10 Exhibit No. 10, #11 Exhibit No. 11, #12 Exhibit No. 12, #13 Exhibit No. 13, #14 Exhibit No. 14, #15 Exhibit No. 15, #16 Exhibit No. 16 UNDER SEAL, #17 Exhibit No. 17, #18 Exhibit No. 18)(LeMoine, Melinda)
February 17, 2012 Filing 782 NOTICE OF MOTION AND MOTION IN LIMINE #5 to Exclude Undisclosed Expert Witness David Berman filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. Motion set for hearing on 4/3/2012 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order Granting Defendants' Motion in Limine #5 to Exclude Undisclosed Expert Witness David Berman)(LeMoine, Melinda)
February 17, 2012 Filing 781 NOTICE OF MOTION AND MOTION IN LIMINE #4 to Renew to Reaffirm the Court's Prior Rulings on Certain Motions in Limine filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. Motion set for hearing on 4/3/2012 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order Granting Defendants' Motion In Limine #4 to Reaffirm the Court's Prior Rulings on Certain Motions in Limine)(LeMoine, Melinda)
February 17, 2012 Filing 780 NOTICE OF MOTION AND MOTION IN LIMINE to Preclude Certain Evidence and Argument Concerning the History of the Dispute filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. Motion set for hearing on 4/3/2012 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order Granting Defendants' Motion In Limine #3 to Preclude Certain Evidence and Argument Concerning the History of the Dispute)(LeMoine, Melinda)
February 17, 2012 Filing 779 NOTICE OF MOTION AND MOTION IN LIMINE #2 to Preclude Evidence and Argument Challenging or Rearguing Issues Resolved in the Court's October 31, 2011 Summary Judgment Order filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. Motion set for hearing on 4/3/2012 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order Granting Defendants' Motion In Limine #2)(LeMoine, Melinda)
February 17, 2012 Filing 778 NOTICE OF MOTION AND MOTION IN LIMINE #1 to Exclude Expert Testimony of Gary Cohen filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. Motion set for hearing on 4/3/2012 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order Granting Defendants' Motion In Limine #1)(LeMoine, Melinda)
February 17, 2012 Filing 777 NOTICE OF LODGING filed Proposed Order Granting Plaintiffs' Motion In Limine No. 3 re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) #769 (Attachments: #1 Proposed Order)(Asimow, Daniel)
February 17, 2012 Filing 776 NOTICE OF LODGING filed Proposed Order Granting Plaintiffs' Motion In Limine No. 2 re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) #769 (Attachments: #1 Proposed Order)(Asimow, Daniel)
February 17, 2012 Filing 775 NOTICE OF LODGING filed Proposed Order Granting Plaintiffs' Motion in Limine No. 1 re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) #769 (Attachments: #1 Proposed Order)(Asimow, Daniel)
February 17, 2012 Filing 774 DECLARATION of Daniel B. Asimow In Support of MOTION IN LIMINE to Exclude Introduction of or Reference to Unproduced Evidence #771 , MOTION IN LIMINE to Exclude Improper Evidence and Argument Relating to Plaintiffs' Luck or Wealth #772 , MOTION IN LIMINE to Exclude Reference to Expert Gary Cohen's Opinion in Robinson v. Sanctuary Records #773 filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Asimow, Daniel)
February 17, 2012 Filing 773 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Reference to Expert Gary Cohen's Opinion in Robinson v. Sanctuary Records filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. Motion set for hearing on 4/3/2012 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Asimow, Daniel)
February 17, 2012 Filing 772 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Improper Evidence and Argument Relating to Plaintiffs' Luck or Wealth filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. Motion set for hearing on 4/3/2012 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Asimow, Daniel)
February 17, 2012 Filing 771 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Introduction of or Reference to Unproduced Evidence filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. Motion set for hearing on 4/3/2012 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Asimow, Daniel)
February 17, 2012 Filing 770 PROOF OF SERVICE filed by PLAINTIFF Em2M, LLC, F.B. T. Productions, LLC, Re Plaintiffs' Motion In Limine 1, 2, and 3; Confidential Declaration of Richard Busch in Support of Motions In Limine; Application To File Under Seal; Proposed Order Granrting Application to File Confidential Documents Under Seal Pursuant to Protective Order served on 2/17/2012. (Asimow, Daniel)
February 17, 2012 Filing 769 NOTICE of Manual Filing filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC of Notice of Manual Filing of Plaintiffs' Motions In Limine 1, 2 and 3, Confidential Busch Declaration, Application To File Under Seal and Proposed Order.. (Asimow, Daniel)
February 16, 2012 Filing 768 TRANSCRIPT ORDER for date of proceedings 02/13/2012 to 02/13/2012 re: Transcript (CV), Transcript (CV), Transcript (CV) #766 , Notice of Filing Transcript (G-46) #767 , as to Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc. Court Reporter Miriam Baird. Transcript portion requested: Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Klaus, Kelly)
February 16, 2012 Filing 767 NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, FEBRUARY 13, 2012; 1:30 (dc)
February 16, 2012 Filing 766 TRANSCRIPT for proceedings held on MONDAY, FEBRUARY 13, 2012; 1330. Court Reporter/Electronic Court Recorder: MIRIAM V. BAIRD,, phone number MVB11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/8/2012. Redacted Transcript Deadline set for 3/18/2012. Release of Transcript Restriction set for 5/16/2012. (dc)
February 15, 2012 Opinion or Order Filing 765 MINUTES (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez DENYING #743 Defendants' Motion For Partial Reconsideration: Before the Court is Defendants' motion for partial reconsideration of the October 31, 2011 Order. Dkt. # 743. The Court heard argument on the motion on February 13, 2012. Dkt. # 763. After considering the moving and opposing papers and the arguments made at the hearing, the Court DENIES Defendants' motion for partial reconsideration. (bm)
February 15, 2012 Filing 764 NOTICE OF SCHEDULED MEDIATION filed by All Parties Aftermath Records, Em2M, LLC, F.B. T. Productions, LLC, Interscope Records, UMG Recording, Inc.. (LeMoine, Melinda)
February 13, 2012 Filing 763 MINUTES: DEFENDANTS' AMENDED MOTION FOR PARTIAL RECONSIDERATION UNDER FRCP 59(e); CIVIL L.R. 7-18 FILED 12-02-11 #737 #743 : Having considered all papers submitted in support of and in opposition to the Motion referenced above, and the oral argument presented today, the Court takes the motion Under Submission. A ruling will be issued after full consideration of the submitted pleadings by Judge Philip S. Gutierrez Court Reporter: Miriam Baird. (ir)
January 30, 2012 Filing 762 REPLY in support of MOTION for Reconsideration re Order on Motion for Summary Judgment, #737 Amended MOTION for Reconsideration re Order on Motion for Summary Judgment, #737 Amended #743 filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. (LeMoine, Melinda)
January 26, 2012 Filing 761 NOTICE of Change of Attorney Information for attorney Benjamin J Maro counsel for Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc..Benjamin J. Maro is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendants Aftermath Records, d/b/a Aftermath Entertainment; Interscope Records; UMG Recordings, Inc. and ARY, Inc. (Maro, Benjamin)
January 23, 2012 Filing 760 OPPOSITION to MOTION for Reconsideration re Order on Motion for Summary Judgment, #737 Amended MOTION for Reconsideration re Order on Motion for Summary Judgment, #737 Amended #743 filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Asimow, Daniel)
January 5, 2012 Filing 759 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Firm Combination #758 . The following error(s) was found: Incorrect event selected. The correct event is: Notices-Change of Attorney Information (G-06). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
January 4, 2012 Filing 758 NOTICE of Firm Combination filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Asimow, Daniel)
December 14, 2011 Filing 757 NOTICE of Appearance filed by attorney Benjamin J Maro on behalf of Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc. (Maro, Benjamin)
December 13, 2011 Opinion or Order Filing 756 ORDER MOVING HEARING DATE FOR MOTION FOR PARTIAL RECONSIDERATION (DKT. NO. 743) by Judge Philip S. Gutierrez: granting #754 Request to Continue. PLEASE TAKE NOTICE that the hearing date for Defendant's Motion for Partial Reconsideration Dkt No. #743 is hereby moved from 2/6/2012 to 2/13/2012. re: (Motion continued for hearing on 2/13/2012 at 01:30 PM before Judge Philip S. Gutierrez). (lw)
December 12, 2011 Opinion or Order Filing 755 ORDER by Judge Philip S. Gutierrez: DENYING #746 Ex Parte Application To Modify Case Management Order or, in the Alternative, to set a Case Management conference. (lw)
December 12, 2011 Filing 754 REQUEST to Continue Hearing on Motion from February 6, 2012 to February 13, 2012 Re: MOTION for Reconsideration re Order on Motion for Summary Judgment, #737 Amended MOTION for Reconsideration re Order on Motion for Summary Judgment, #737 Amended #743 , Memorandum in Support of Motion, #753 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. Request set for hearing on 2/13/2012 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order Moving Hearing Date from February 6, 2012 to February 13, 2012)(LeMoine, Melinda)
December 12, 2011 Filing 753 MEMORANDUM in Support of MOTION for Reconsideration re Order on Motion for Summary Judgment, #737 Amended MOTION for Reconsideration re Order on Motion for Summary Judgment, #737 Amended #743 AMENDED filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (LeMoine, Melinda)
December 8, 2011 Filing 752 PROOF OF SERVICE filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC, re Reply (Motion related), Reply (Motion related) #751 served on 12/08/11. (Asimow, Daniel)
December 8, 2011 Filing 751 REPLY in Support of EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 2/10/2012 Ex Parte Application to Modify Case Management Order or, in the Alternative, to Set a Case Management Conference #746 filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Attachments: #1 Exhibit A)(Asimow, Daniel)
December 8, 2011 Filing 750 CERTIFICATE OF SERVICE filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., re Objection/Opposition (Motion related), Objection/Opposition (Motion related) #748 , Declaration (non-motion), Declaration (non-motion) #749 served on December 8, 2011. (LeMoine, Melinda)
December 8, 2011 Filing 749 DECLARATION of Melinda E. LeMoine re Objection/Opposition (Motion related), Objection/Opposition (Motion related) #748 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(LeMoine, Melinda)
December 8, 2011 Filing 748 OPPOSITION re: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 2/10/2012 Ex Parte Application to Modify Case Management Order or, in the Alternative, to Set a Case Management Conference #746 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (Attachments: #1 Proposed Order)(LeMoine, Melinda)
December 8, 2011 Opinion or Order Filing 747 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Motion for Reconsideration, #744 , for the following reasons: Incorrect document is attached to the docket entry. (lw)
December 7, 2011 Filing 746 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 2/10/2012 Ex Parte Application to Modify Case Management Order or, in the Alternative, to Set a Case Management Conference filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Attachments: #1 Declaration of Daniel B. Asimow, #2 Exhibit A to the Declaration of Daniel B. Asimow, #3 Exhibit B to the Declaration of Daniel B. Asimow, #4 Proposed Order)(Asimow, Daniel)
December 6, 2011 Filing 745 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Reconsideration, #744 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Motions-Reconsider. Other error(s) with document(s): A Notice of Errata should be e-filed in reference to the original motion indicating that it is being amended and refiled using event Miscellaneous Filings (Non-Motion)-Errata. Caption of attached document does not indicate that it is an amended motion. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
December 2, 2011 Filing 744 MEMORANDUM in Support of MOTION for Reconsideration re Order on Motion for Summary Judgment, #737 Amended MOTION for Reconsideration re Order on Motion for Summary Judgment, #737 Amended #743 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (LeMoine, Melinda) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 12-8-2011, DOC #747*** Modified on 12/8/2011 (lw).
December 2, 2011 Filing 743 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment, #737 Amended filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. Motion set for hearing on 2/6/2012 at 01:30 PM before Judge Philip S. Gutierrez. (LeMoine, Melinda)
December 2, 2011 Opinion or Order Filing 742 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Motion for Partial Reconsideration #739 , Memorandum in Support of Motion, #740 , for the following reasons: Hearing information is missing, incorrect, or not timely. Other: The January 23rd hearing date is closed. (bm)
December 2, 2011 Filing 741 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Reconsideration re Order on Motion for Summary Judgment #739 , Memorandum in Support of Motion, #740 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): The hearing date of 1/23/2012 was closed on 11/22/2011. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lw)
November 29, 2011 Filing 740 MEMORANDUM in Support of MOTION for Reconsideration re Order on Motion for Summary Judgment, #737 MOTION for Reconsideration re Order on Motion for Summary Judgment, #737 #739 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (LeMoine, Melinda) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 12/2/11, DOCUMENT 742 .*** Modified on 12/2/2011 (bm).
November 29, 2011 Filing 739 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Summary Judgment, #737 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. Motion set for hearing on 1/23/2012 at 01:30 PM before Judge Philip S. Gutierrez. (LeMoine, Melinda) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 12/2/11, DOCUMENT #742 .*** Modified on 12/2/2011 (bm).
November 21, 2011 Opinion or Order Filing 738 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC and Em2M, LLC CCA # 09-55817, 09-56069. The court adopts the Appellate Commissioner's Report and Recommendation in full. SEE THE ORDER FOR THE REST OF THE DETAILS. Order received in this district on 11/21/2011. (dmap)
October 31, 2011 Opinion or Order Filing 737 MINUTES (IN CHAMBERS): Order Denying Plaintiffs' Motion for Summary Judgment and Granting in Part and Denying in Part Defendants' Motion for Summary Judgment by Judge Philip S. Gutierrez. (bp)
October 19, 2011 Opinion or Order Filing 736 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #613 filed by F.B. T. Productions and LLC and Em2M, LLC; Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC and Em2M, LLC CCA # 09-55817, 09-56069. The Clerk shall serve the Report and Recommendation filed contemporaneously with this order on the partits, who may file objections to the Report and Recommendation within 21 days after this order is filed. The Clerk shall forward to the Appellate Commissioner any objections that is filed. Order received in this district on 10/19/2011. (dmap)
October 11, 2011 Filing 735 MINUTES: Plaintiffs Motion for Summary Judgment (E-filed 08/01/11) #673 ; andDefendants Motion for Summary Judgment (E-filed 08/01/11) #677 : The case is called and counsel are present. Having considered all papers submitted in support of and in opposition to the Motion referenced above, and the oral argument presented today, the Court takes the motions Under Submission. A ruling will be issued after full consideration of the submitted pleadings by Judge Philip S. Gutierrez Court Reporter: Miriam Baird. (ir)
September 26, 2011 Opinion or Order Filing 730 REQUEST for Leave to to Submit Response to Plaintiffs' Reply (L.R. 7-10) #724 and ORDER by Judge Philip S. Gutierrez. (ir)
September 23, 2011 Filing 729 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request to Submit Response #724 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Proposed order was not submitted as a separate, additional attachment to the Request. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
September 22, 2011 Filing 724 REQUEST for Leave to to Submit Response to Plaintiffs' Reply (L.R. 7-10) filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. (LeMoine, Melinda)
September 21, 2011 Filing 734 SEALED DOCUMENT- Defendant's Reply to Plaintiffs' Response to Defendants' Statement of Undisputed Facts in Support of Defendants' Motion for Summary Judgment. (Attachments: Part 2)(mat)
September 21, 2011 Filing 733 SEALED DOCUMENT- Reply in Support of Defendants' Motion for Summary Judgment. (mat)
September 21, 2011 Filing 732 SEALED DOCUMENT- Exhibits 1 & 2 to the Declaration of Melinda E. Lemoine in Support of Reply in Support of Defendants' Motion for Summary Judgment. (mat)
September 21, 2011 Opinion or Order Filing 731 ORDER GRANTING DEFENDANTS' APPLICATION To File Under Seal Pursuant To Protective Order by Judge Philip S. Gutierrezgranting #723 Application: PLEASE TAKE NOTICE that Defendants' Application to file the following Confidential and/or Confidential-Attorney's Eyes Only material under seal has been GRANTED. Pursuant to Docket No. 123, the Modified Protective Order entered on September 17, 2008 in this matter, the following documents shall hereby be filed under seal: (1) Reply in Support of Defendants' Motion for Motion For Summary Judgment; (2) Exhibits 1 and 2 to the Declaration of Melinda E. LeMoine in Support of Reply in support of Defendants' Motion For Summary Judgment; (3) Defendant's Reply to Plaintiffs' Response to Defendants' Statement Of Undisputed Facts in Support of Defendants' Motion for Summary Judgment. (bm)
September 20, 2011 Filing 723 APPLICATION to file under seal pursuant to Protective Order filed by Defendants. (ir)
September 20, 2011 Filing 720 PROOF OF SERVICE filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc., of Under-Seal Documents served on September 19, 2011. (LeMoine, Melinda)
September 19, 2011 Filing 728 SEALED DOCUMENT- NOTICE OF LODGING of [Proposed] Order Granting Plaintiffs' Evidentiary Objections to Defendants' Opposition to Plaintiffs' Motion for Summary Judgment. (mat)
September 19, 2011 Filing 727 SEALED DOCUMENT- Plaintiffs' Evidentiary Objections to Defendants' Opposition to Plaintiffs' Motion for Summary Judgment. (mat)
September 19, 2011 Filing 726 SEALED DOCUMENT- Reply in Support of Plaintiffs' Motion for Summary Judgment on Damages and Entry of Final Judgment on Counts I and III. (mat)
September 19, 2011 Filing 725 SEALED DOCUMENT- Plaintiffs' Reply to Defendants' Statement of Genuine Disputes of Material Fact in Opposition to Plaintiffs' Motion for Summary Judgment. (mat)
September 19, 2011 Opinion or Order Filing 722 ORDER by Judge Philip S. Gutierrez: Having received and reviewed Plaintiffs' Application to file Confidential Documents under seal pursuant to Protective Order #721 , the following documents shall be filed and maintained under seal until further order of the Court: Reply in support of Plaintiffs' Motion for Summary Judgment on Damages and Entry of Final Judgment on Counts I and III; Plaintiffs' reply to Defendants' Statement of Genuine Disputes of Material fact in opposition to Plaintiffs' Motion for Summary Judgment; Plaintiffs' Evidentiary Objections to Defendants' Opposition to Plaintiffs' Motion for Summary Judgment; Proposed order granting Plaintiffs' Evidentiary Objections to Defendants' Opposition to Plaintiffs' Motion for Summary Judgment. Plaintiffs' Application to file Confidential documents under seal pursuant to Protective Order is granted in its entirety. (ir)
September 19, 2011 Filing 721 NOTICE OF APPLICATION and Application to File Confidential documents under seal pursuant to Protective Order filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. Lodged Order. (ir)
September 19, 2011 Filing 719 DECLARATION of Melinda E. LeMoine in Support of Under Seal Reply in Support of MOTION for Summary Judgment #677 filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. (Attachments: #1 Exhibit 1 - under seal, #2 Exhibit 2 - under seal, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(LeMoine, Melinda)
September 19, 2011 Filing 718 NOTICE of Manual Filing filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc. of Reply iso Defendants Motion For Summary Judgment; Exhibits 1 and 2 to the Declaration of Melinda E. LeMoine iso Reply iso Defendants Motion For Summary Judgment; and Defendants Reply to Plaintiffs Response to Defendants Statement of Undisputed Facts iso Defendants Motion for Summary Judgment. (LeMoine, Melinda)
September 19, 2011 Filing 717 DECLARATION of Richard S. Busch In Support of Reply MOTION for Summary Judgment as to Damages #673 filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Attachments: #1 Exhibit 1)(Asimow, Daniel)
September 19, 2011 Filing 716 PROOF OF SERVICE filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC, Reply In Support of Plaintiffs' Motion for Summary Judgment and Supporting Documents served on 09/19/2011. (Asimow, Daniel)
September 19, 2011 Filing 715 PROOF OF SERVICE filed by Plaintiff Em2M, LLC, F.B. T. Productions, LLC, Re Notice of Application and Application To File Confidential Documents Under Seal and Proposed Order served on 09/19/2011. (Asimow, Daniel)
September 19, 2011 Filing 714 NOTICE of Manual Filing filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC of REPLY IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT ON DAMAGES AND ENTRY OF FINAL JUDGMENT ON COUNTS I AND III; PLAINTIFFS REPLY TO DEFENDANTS STATEMENT OF GENUINE DISPUTES OF MATERIAL FACT IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT; PLAINTIFFS EVIDENTIARY OBJECTIONS TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT; NOTICE OF LODGING OF [PROPOSED] ORDER GRANTING PLAINTIFFS EVIDENTIARY OBJECTIONS TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT; NOTICE OF APPLICATION AND APPLICATION TO FILE CONFIDENTIAL DOCUMENTS UNDER SEAL PURSUANT TO PROTECTIVE ORDER; [PROPOSED] ORDER GRANTING APPLICATION TO FILE CONFIDENTIAL DOCUMENTS UNDER SEAL PURSUANT TO PROTECTIVE ORDER. (Asimow, Daniel)
August 30, 2011 Filing 709 SEALED DOCUMENT- Statement of Genuine Disputes of Material Fact in Opposition to Plaintiffs' Motion for Summary Judgment [Civil L.R. 56-2](mat)
August 30, 2011 Filing 708 SEALED DOCUMENT- Declaration of Aaron Harrison in Opposition to Plaintiffs' Motion for Summary Judgment. (mat)
August 30, 2011 Filing 707 SEALED DOCUMENT- Opposition to Plaintiffs' Motion for Summary Judgment. (mat)
August 30, 2011 Opinion or Order Filing 705 ORDER by Judge Philip S. Gutierrez GRANTING #704 Defendant's Application To File Under Seal Pursuant To Protective Order. (bm)
August 29, 2011 Filing 713 SEALED DOCUMENT- Declaration of Richard S. Bush in Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6)(mat)
August 29, 2011 Filing 712 SEALED DOCUMENT- Plaintiffs' Evidentiary Objections in Support of Opposition to Defendants' Motion for Summary Judgment. (mat)
August 29, 2011 Filing 711 SEALED DOCUMENT- Statement of Genuine Disputes in Opposition to Defendants' Motion for Summary Judgment. (mat)
August 29, 2011 Filing 710 SEALED DOCUMENT- Memorandum in Opposition to Defendants' Motion for Summary Judgment on Damages. (mat)
August 29, 2011 Opinion or Order Filing 706 ORDER by Judge Philip S. Gutierrez GRANTING #695 Application To File Confidential Documents Under Seal Pursuant to Protective Order. (bm)
August 29, 2011 Filing 704 DEFENDANTS' APPLICATION To File Under Seal Documents In Support Of Defendants' Opposition To Plaintiffs' Motion For Summary Judgment filed by defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc. Motion set for hearing on 10/11/2011 at 1:30 PM before Judge Philip S. Gutierrez. Lodged proposed order. (bm)
August 26, 2011 Filing 703 DECLARATION of Melinda E. Lemoine re MEMORANDUM in Opposition to Motion #701 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(LeMoine, Melinda)
August 26, 2011 Filing 702 PROOF OF SERVICE filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., served on (1) MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (CONFIDENTIAL VERSION); (2) DECLARATION OF AARON HARRISON IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT; (3) STATEMENT OF GENUINE DISPUTES OF MATERIAL FACT IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT; and (4) APPLICATION FOR FILING UNDER SEAL AND [PROPOSED] ORDER. (LeMoine, Melinda)
August 26, 2011 Filing 701 MEMORANDUM in Opposition to MOTION for Summary Judgment as to Damages #673 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc.. (Attachments: #1 Proposed Order)(LeMoine, Melinda)
August 26, 2011 Filing 700 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc. of (1) Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment (Confidential Version); (2) Declaration Of Aaron Harrison In Support Of Defendants Opposition to Plaintiffs' Motion For Summary Judgment; (3) Statement of Genuine Disputes of Material Fact in Opposition to Plaintiffs' Motion for Summary Judgment. (LeMoine, Melinda)
August 26, 2011 Filing 699 PROOF OF SERVICE filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC, Opposition to Defendants' Motion For Summary Judgment; Busch Decl.; Statement of Geniune Disputes; Evidentiary Objections; Notice of Lodging of Proposed Order Granting Evidentiary Objections served on 8/25/11. (Asimow, Daniel)
August 26, 2011 Filing 698 OF SERVICE filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC, App to File Under Seal and Notice of Lodging of Proposed Order Granting App to File Under Seal served on 8/25/11. (Asimow, Daniel)
August 26, 2011 Filing 697 DECLARATION of Joel Martin In Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment MOTION for Summary Judgment #677 filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Asimow, Daniel)
August 26, 2011 Filing 696 NOTICE OF LODGING filed , Denying Defendants' re MOTION for Summary Judgment #677 (Attachments: #1 Proposed Order Denying Defendants' Motion for Summary Judgment)(Asimow, Daniel)
August 26, 2011 Filing 695 NOTICE OF APPLICATION AND APPLICATION TO FILE CONFIDENTIAL DOCUMENTS UNDER SEAL PURSUANT TO PROTECTIVE ORDER filed by plaintiffs Em2M, LLC, F.B. T. Productions, LLC., SET FOR 10/11/2011 AT 1:30 PM. Lodged Proposed Order. (lw)
August 26, 2011 Filing 694 NOTICE of Manual Filing filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC of Notice of Application and Application to File Confidential Documents Under Seal; [Proposed] Order Granting Application to File Confidential Documents Under Seal; Memorandum in Opposition to Defendants' Motion for Summary Judgment on Damages; Statement of Genuine Disputes in Opposition to Defendants' Motion for Summary Judgment; Plaintiffs' Evidentiary Objections in Support of Opposition to Defendants' Motion for Summary Judgment; Notice of Lodging of Proposed Order Granting Objections to Evidence, with attached Proposed Order; Declaration of Richard S. Busch in Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment. (Asimow, Daniel)
August 4, 2011 Filing 690 NOTICE OF CLERICAL ERROR: Due to clerical error, the following scanned document, docket entry Re: Notice of Deficiency in Electronically Filed Documents RE: Motions #683 , filed on 8/2/11. Other: Deficiency notice should not have been issued, as summary judgment motions hearing date and time of 10/11/11 at 1:30 pm was scheduled at the Further Status Conference Re March 21, 2011 Mandate, held on 6/13/11, document #669 . (bm)
August 2, 2011 Filing 693 SEALED DOCUMENT- Declaration of Susan Hilderley in Support of Defendants' Motion for Summary Judgment. (Attachments: Part 2, Part 3)(mat)
August 2, 2011 Filing 692 SEALED DOCUMENT- Memorandum of Points and Authorities in Support of Defendant's Motion for Summary Judgment. (mat)
August 2, 2011 Filing 691 SEALED DOCUMENT- Notice of Lodging of [Proposed] Statement of Uncontroverted Facts and Conclusions of Law (Under Seal). (mat)
August 2, 2011 Filing 689 SEALED DOCUMENT- Declaration of Richard S. Busch in Support of Plaintiffs' Motion for Summary Judgment. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10, Part 11)(mat)
August 2, 2011 Filing 688 SEALED DOCUMENT- Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Summary Judgment on Damages and Entry of Final Judgment on Counts I and III. (mat)
August 2, 2011 Filing 687 SEALED DOCUMENT- Notice of Lodging of Plaintiff's Proposed Statement of Uncontroverted Facts and Conclusions of Law in Support of Their Motion for Summary Judgement. (mat)
August 2, 2011 Opinion or Order Filing 686 ORDER by Judge Philip S. Gutierrez GRANTING #682 Application To File Confidential Documents Under Seal: IT IS HEREBY ORDERED THAT: The following documents shall be filed and maintained under seal until further Order of the Court: 1) Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Summary Judgment on Damages and Entry of Final Judgment on Counts I and III; 2) Plaintiff's Proposed Statement of Uncontroverted Facts and Conclusions of Law in Support of Their Motion for Summary Judgment; and 3) Declaration of Richard S. Busch in Support of Plaintiffs' Motion for Summary Judgment and exhibits 1 through 16 attached thereto. IT IS HEREBY ORDERED that Plaintiffs' Application to File Confidential Documents Under Seal is granted in its entirety. (bm)
August 2, 2011 Opinion or Order Filing 685 ORDER by Judge Philip S. Gutierrez: Application to file the following Confidential and/or Confidential-Attorney's Eyes only material under seal #684 GRANTED. Memorandum of Points and Authorities in support of Defendants' Motion for Summary Judgment; Proposed Statement of Uncontroverted Facts and Conclusions of Law in support of Defendants' Motion for Summary Judgment; and Declaration of Susan Hilderly and Exhibits A-H in support of Defendants' Motion for Summary Judgment. (ir)
August 2, 2011 Filing 684 DEFENDANTS' APPLICATION TO FILE UNDER SEAL PURSUANT TO PROTECTIVE ORDER filed by plaintiffs Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. Lodged order. (bm)
August 2, 2011 Filing 683 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motions and supporting documents #673 , #674 , #675 , #676 , #677 , #678 , #679 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below. Other error(s) with document(s): Motions are noticed for an incorrect date. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
August 1, 2011 Filing 682 NOTICE OF APPLICATION AND APPLICATION to File Confidential documents under seal filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. Lodged Proposed Order. (ir)
August 1, 2011 Filing 681 PROOF OF SERVICE filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc., served on August 1, 2011. (LeMoine, Melinda)
August 1, 2011 Filing 680 NOTICE of Manual Filing filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc. of Memorandum of Points and Authorities in support of Defendants' Motion for Summary Judgment; [Proposed] Statement of Uncontroverted Facts and Conclusions of Law; Declaration of Susan Hilderley and Exhibits A-H. (LeMoine, Melinda)
August 1, 2011 Filing 679 DECLARATION of Melinda E. LeMoine in support of MOTION for Summary Judgment #677 filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(LeMoine, Melinda)
August 1, 2011 Filing 678 DECLARATION of Buddy Salcedo in support of MOTION for Summary Judgment #677 filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. (LeMoine, Melinda)
August 1, 2011 Filing 677 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendants Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. Motion set for hearing on 10/11/2011 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(LeMoine, Melinda)
August 1, 2011 Filing 676 OF SERVICE filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC, re MOTION for Summary Judgment as to Damages #673 served on 08/01/2011. (Asimow, Daniel)
August 1, 2011 Filing 675 OF SERVICE filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC, Notice of Application and Application to File Confidential Documents Under Seal served on 08/01/2011. (Asimow, Daniel)
August 1, 2011 Filing 674 NOTICE OF LODGING filed of Proposed Judgment re MOTION for Summary Judgment as to Damages #673 (Attachments: #1 Proposed Judgment)(Asimow, Daniel)
August 1, 2011 Filing 673 NOTICE OF MOTION AND MOTION for Summary Judgment as to Damages filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC. Motion set for hearing on 10/11/2011 at 01:30 PM before Judge Philip S. Gutierrez. (Asimow, Daniel)
August 1, 2011 Filing 672 NOTICE of Manual Filing filed by Plaintiffs Em2M, LLC, F.B. T. Productions, LLC of Notice of Application and Application to File Confidential Documents Under Seal; [Proposed] Order Granting Application to File Confidential Documents Under Seal; Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Summary Judgment on Damages and Entry of Final Judgment on Counts I and III; Declaration of Richard S. Busch (with Exhibits); Notice of Lodging of Proposed Statement of Uncontroverted Facts and Conclusions of Law in Support of Their Motion for Summary Judgment [with attached Plaintiffs' Proposed Statement of Uncontroverted Facts and Conclusions of Law]. (Asimow, Daniel)
July 22, 2011 Opinion or Order Filing 671 ORDER REGARDING SCHEDULE FORMOTIONS FOR SUMMARY JUDGMENT AND TRIAL DATE by Judge Philip S. Gutierrez, re Stipulation to Reschedule #670 : NOW THEREFORE, it is hereby stipulated by and between the parties, through counsel, that 1. The briefing schedule for the Motions previously agreed to and ordered by the Court shall be adjusted as set forth below, without changing the date of the hearing on the Motions before the Court: Motions due Monday, August 1; Oppositions due Friday, August 26; Replies due Monday, September 19. 2. The parties request a trial date of April 3, 2012, with an accompanying pretrial conference date of March 19, 2012. (bm)
July 18, 2011 Filing 670 STIPULATION to Reschedule Motions for Summary Judgment and Trial Date filed by DEFENDANTS Aftermath Records, Ary, Inc., Interscope Records, UMG Recording, Inc.. (Attachments: #1 Proposed Order)(LeMoine, Melinda)
June 13, 2011 Filing 669 MINUTES OF Status Conference held before Judge Philip S. Gutierrez: Plaintiffs' counsel update the Court on status of the case. A proposed briefing schedule as it relates to summary judgment motions is present to the Court, and the Court approves as follows: Opening Brief due: 7/25/2011; Opposition due: 8/22/2011; Reply: due by 9/12/2011. Motion set for hearing on 10/11/2011 at 01:30 PM before Judge Philip S. Gutierrez. Further, parties shall submit a stipulation proposing a jury trial date (Tuesday at 9am), and a final pretrial conference date (15 days before trial on a Monday at 2:30 pm).Court Reporter: Miriam Baird. (lw)
April 18, 2011 Opinion or Order Filing 668 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. Mediation conference were held in this matter with Circuit Mediator Peter W. Sherwood. Settlement possibilities have been exhausted. Accordingly, this case referred back to the Appellate Commissioner. Order received in this district on 6/06/2011. (lr)
April 18, 2011 Filing 657 MINUTES OF STATUS CONFERENCE held before Judge Philip S. Gutierrez: Hearing held. The Court discusses the Ninth Circuit Mandate received on March 21, 2011, questions counsel regarding settlement, and sets a further status conference for Monday, June 13, 2011 at 3:00 p.m. Court Reporter: Miriam Baird. (bm)
March 23, 2011 Opinion or Order Filing 667 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. The court will initiate a further assessment conference by telephone on April 8, 2011, at 11:00 a.m. PACIFIC(San Francisco)Time. Order received in this district on 6/06/2011. (lr)
March 23, 2011 Filing 656 NOTICE OF HEARING ON USCA MANDATE re USCA Mandate #655 : PLEASE TAKE NOTICE that the judgment of the Ninth Circuit U. S. Court of Appeals has been received in the above-entitled case. This matter is hereby set for hearing Status Conference on Monday, April 18, 2011 at 2:30 p.m. before the Honorable Philip S. Gutierrez. It will be necessary for all counsel to be present at that time. (bm)
March 21, 2011 Filing 655 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 , Notice of Appeal to 9th Circuit Court of Appeals #589 , CCA # 09-55817, 09-56069. The judgment in favor of Aftermath is REVERSED, the district court's order granting Aftermath its attorneys' fees is VACATED, and the case is REMANDED for further proceedings consistent with this opinion. Mandate received in this district on 3/21/11. (car)
December 15, 2010 Filing 654 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/11/09 2:00 pm (Baird, Miriam)
December 15, 2010 Filing 653 TRANSCRIPT for proceedings held on 5-09-2010 2:00 p.m.. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/5/2011. Redacted Transcript Deadline set for 1/15/2011. Release of Transcript Restriction set for 3/15/2011. (Baird, Miriam)
December 9, 2010 Opinion or Order Filing 666 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. The court granted appellants' request for attorneys' fees and expenses in principle and referred the determination of an appropriate amount of fees and express to the Appellate Commissioner. See 9th Cir. R. 39-1.9. The question of the appropriate amount of fees and expenses is referred to the Circuit Mediator, who will contact the parties. The Circuit Mediator is requested to inform the Appellate Commissioner of the conclusion of the mediation. Order received in this district on 6/06/2011. (lr)
December 3, 2010 Opinion or Order Filing 652 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. Appellants' request for attorney fees and expenses on appeal is granted in principle. The determination of an appropriate amount of fees on appeal is referred to the court's special master, Appellate Commissioner Peter L. Shaw, who shall conduct whatever proceedings he deems appropriate, and who shall make a recommendation to the Court as to the appropriate amount of fees. See 9th Cir. R. 39-1.9. Order received in this district on 12/03/2010. (lr)
October 28, 2010 Opinion or Order Filing 651 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56029. Order received in this district on 10/28/10. Appellee's motion for stay of the issuance of the mandate pending application for writ of certiorari is granted. (cbr)
October 21, 2010 Opinion or Order Filing 650 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. The panel has voted to deny appellees' petition for rehearing. Judge Silverman has voted to reject the petition for rehearing en banc and Judges Farris and Hall so recommend. The petition for rehearing is denied and the petition for rehearing en banc is rejected. Order received in this district on 10/21/10. (car)
September 8, 2010 Opinion or Order Filing 649 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. Appellees' request for extension of time to file Petition For Rehearing and For Rehearing En Banc is granted. Petition For Rehearing and Suggestion For Rehearing En Banc is due on or before September 24, 2010. Order received in this district on 10/21/2010. (lr)
August 2, 2010 Opinion or Order Filing 648 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. Appellees' motion to defer submission is DENIED. Order received in this district on 8/02/2010. (lr)
July 2, 2010 Opinion or Order Filing 665 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. The amicus brief submitted by Motown Alumni Association on January 4, 2010 is filed. Order received in this district on 6/06/2011. (lr)
July 2, 2010 Opinion or Order Filing 664 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. The Motown Alumni Association's motion for leave to file its amicus brief is GRANTED. Order received in this district on 6/06/2011. (lr)
April 9, 2010 Opinion or Order Filing 663 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. The reply brief submitted on March 24, 2010 is filed. Order received in this district on 6/06/2011. (lr).
April 8, 2010 Opinion or Order Filing 647 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. Appellants' motion for leave to file an oversized reply brief is granted. The Clerk shall file the reply brief received March 25, 2010. Order received in this district on 4/08/2010. (lr)
March 3, 2010 Opinion or Order Filing 662 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. The answering brief submitted on February 24, 2010 is filed. Order received in this district on 6/06/2011. (lr)
March 2, 2010 Opinion or Order Filing 661 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. Appellees' motion for leave to file an oversized answering brief of 14,404 words is granted. The Clerk shall file the answering brief received February 24, 2010. The optional reply brief is due within 14 days after the date of this order. Order received in this district on 6/06/2011. (lr)
January 28, 2010 Filing 646 CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC ; Court of Appeals Case Number: 09-55817; (lr)
January 28, 2010 Filing 645 CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC ; Court of Appeals Case Number: 09-56069; (lr)
January 19, 2010 Filing 660 REVISED ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. This order is revised to correct the answering and reply brief due dates. Appellants' motion for leave to file an oversized opening brief of 15, 152 words and to file the opening brief underseal is granted. The Clerk shall file the opening brief received December 28, 2009 under seal. The answering brief is remains due February 24, 2010. The optional reply brief is due March 24, 2010. The Motown Alumni Association's motion for leave to file amicus brief and any related filings shall be referred to the panel that will decide the merits of the appeal. Any further request for leave to file an amicus brief shall be treated in the same fashion. Order received in this district on 6/06/2011. (lr)
January 13, 2010 Opinion or Order Filing 659 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. The Opening brief submitted on 12/28/09 is filed. Order received in this district on 6/06/2011. (lr)
January 12, 2010 Opinion or Order Filing 658 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, #613 filed by F.B. T. Productions, LLC, Em2M, LLC, Notice of Appeal to 9th Circuit Court of Appeals #589 filed by F.B. T. Productions, LLC, Em2M, LLC, CCA # 09-55817, 09-56069. Appellants' motion for leave to file an oversized opening brief of 15, 152 words and to file the opening brief underseal is granted. The Clerk shall file the opening brief received December 28, 2009 under seal. The answering brief is due 30 days after the date of this order. The optional reply brief is due within 14 days after service of the answering brief. The Motown Alumni Association's motion for leave to file amicus brief and any related filings shall be referred to the panel that will decide the merits of the appeal. Any further request for leave to file an amicus brief shall be treated in the same fashion. Order received in this district on 6/06/2011. (lr)
October 1, 2009 Opinion or Order Filing 644 ORDER by Judge Philip S. Gutierrez For Service of Process by Registered Process Server. THE COURT ORDERS THAT registered process servers employed by All-N-One Legal Support, Inc., who will be at least 18 years of age, of suitable discretion and not a party to the within action, are authorized and specially appointed to serve writs in the above-captioned case. The U.S. Marshal's Office will remain the Levying Officer. Re: Request #641 , #642 . (mg)
September 30, 2009 Filing 643 NOTICE OF ERRATA filed by Defendants UMG Recording, Inc., Ary, Inc.. correcting REQUEST for Order for Service of Process by Registered Process Server #641 (Encinas, Kimberly)
September 30, 2009 Filing 642 REQUEST for Order for Service of Process by Registered Process Server filed by Defendants UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order for Service of Process by Registered Process Server)(Encinas, Kimberly)
September 30, 2009 Filing 641 REQUEST for Order for Service of Process by Registered Process Server filed by Defendants UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order For Service of Process by Registered Process Server)(Encinas, Kimberly)
August 19, 2009 Filing 640 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/23/08 10:08AM (Lopez, Margarita)
August 19, 2009 Filing 639 TRANSCRIPT for proceedings held on 10/23/08 10:08AM. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc, phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/9/2009. Redacted Transcript Deadline set for 9/19/2009. Release of Transcript Restriction set for 11/17/2009. (Lopez, Margarita)
August 19, 2009 Filing 638 NOTICE OF FILING TRANSCRIPT filed for proceedings 9/26/2008 1:33 p.m. (mo)
August 19, 2009 Filing 637 TRANSCRIPT for proceedings held on 9/26/2008 1:33 p.m.. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc, phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/9/2009. Redacted Transcript Deadline set for 9/19/2009. Release of Transcript Restriction set for 11/17/2009. (mo)
August 7, 2009 Opinion or Order Filing 636 MINUTES (IN CHAMBERS) ORDER DENYING MOTION FOR RECONSIDERATION #628 by Judge Philip S. Gutierrez: Plaintiffs have, thus, yet again rebutted Defendants evidence. The denial stands. See minute order for further details. (ca)
August 7, 2009 Filing 633 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 013009, 021309, 022409, 022509, 022609, 022709, 030509, 030609, 030909, 032609, 062609, 080309; Court Reporter: Miriam Baird, Pamela Seijas; Court of Appeals Case Number: 09-56069; Re: #613 (Asimow, Daniel)
August 6, 2009 Filing 635 WRIT of Execution issued as to judgment creditors F.B.T. Productions, LLC, Em2M, LLC, F.B.T. Productions, LLC & Em2M, LLC, F.B.T. Productions, LLC & Em2M, LLC, F.B.T. Productions, LLC & Em2M, LLC. (bm)
August 6, 2009 Filing 634 AFFIDAVIT AND REQUEST for Issuance of Writ of Execution filed by defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Lodged Issued W/E. (bm)
August 6, 2009 Filing 632 NOTICE OF LODGING filed re Notice of Deficiency in Electronically Filed Documents (G-112), Notice of Deficiency in Electronically Filed Documents (G-112) #631 , Request for Reconsideration, Request for Relief,, #628 (Attachments: #1 Exhibit A - Proposed Order)(LeMoine, Melinda)
August 5, 2009 Filing 631 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Request for Reconsideration #628 . Proposed order was not submitted as a separate attachment to the Request for Reconsideration. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm)
August 4, 2009 Filing 630 DECLARATION of Daniel B. Asimow re Memorandum of Points and Authorities in Opposition (non-motion), Memorandum of Points and Authorities in Opposition (non-motion) #629 to Defendants' Request for Reconsideration of Ex Parte Application for an Order Permitting Registration of Final Amended Judgment in the Eastern and Western Districts of Michigan filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit A)(Asimow, Daniel)
August 4, 2009 Filing 629 MEMORANDUM of Points and Authorities in Opposition filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. to Defendants' Request for Reconsideration of Ex Parte Application for an Order Permitting Registration of Final Amended Judgment in the Eastern and Western Districts of Michigan (Asimow, Daniel)
August 4, 2009 Filing 628 REQUEST for Reconsideration re Order on Ex Parte Application for Order,, #624 Permitting Registration of Final Amended Judgment in the Eastern and Western Districts of Michigan filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (LeMoine, Melinda)
August 3, 2009 Filing 627 NOTICE OF FILING TRANSCRIPT filed for proceedings 6/22/09 1:30 pm (Baird, Miriam)
August 3, 2009 Filing 626 TRANSCRIPT for proceedings held on 6/22/09 1:30 pm. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/24/2009. Redacted Transcript Deadline set for 9/3/2009. Release of Transcript Restriction set for 11/1/2009. (Baird, Miriam)
July 30, 2009 Filing 625 REPLY in support EX PARTE APPLICATION for Order for Permitting Registration of Final Amended Judgment in the Eastern and Western Districts of Michigan #619 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (LeMoine, Melinda)
July 30, 2009 Opinion or Order Filing 624 MINUTES (IN CHAMBERS) Order Denying Ex Parte Application for an Order Permitting Registration of Judgment in Michigan by Judge Philip S. Gutierrez denying #619 Ex Parte Application: The Court finds that Plaintiffs have effectively rebutted Defendants' initial showing under the second prong of the "good cause" analysis. Six thousand dollars can hardly be said to be substantial assets, particularly in light of the judgment of more than two million against Plaintiffs. Accordingly, "good cause" to register the judgment in Michigan has not been established. The application is DENIED. (see document for further details) (bm)
July 28, 2009 Filing 623 NOTICE OF LODGING filed of [PROPOSED] ORDER DENYING DEFENDANTS EX PARTE APPLICATION FOR AN ORDER PERMITTING REGISTRATION OF FINAL AMENDED JUDGMENT IN THE EASTERN AND WESTERN DISTRICTS OF MICHIGAN re Objection/Opposition (Motion related) #620 (Attachments: #1 Proposed Order)(Asimow, Daniel)
July 28, 2009 Filing 622 DECLARATION of Daniel B Asimow in Opposition to EX PARTE APPLICATION for Order for Permitting Registration of Final Amended Judgment in the Eastern and Western Districts of Michigan #619 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Asimow, Daniel)
July 28, 2009 Filing 621 DECLARATION of Joel Martin in Opposition to EX PARTE APPLICATION for Order for Permitting Registration of Final Amended Judgment in the Eastern and Western Districts of Michigan #619 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Asimow, Daniel)
July 28, 2009 Filing 620 OPPOSITION Opposition re: EX PARTE APPLICATION for Order for Permitting Registration of Final Amended Judgment in the Eastern and Western Districts of Michigan #619 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Asimow, Daniel)
July 27, 2009 Filing 619 EX PARTE APPLICATION for Order for Permitting Registration of Final Amended Judgment in the Eastern and Western Districts of Michigan filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order Permitting Registration of Judgment in Federal District Courts of Michigan, #2 Declaration Declaration of Melinda LeMoine, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Lemoine, Melinda)
July 24, 2009 Filing 618 SATISFACTION OF JUDGMENT entered In favor of F.B. T. Productions, LLC Against Aftermath Records, In favor of Em2M, LLC Against Interscope Records, In favor of F.B. T. Productions, LLC Against Interscope Records, In favor of Em2M, LLC Against UMG Recording, Inc., In favor of F.B. T. Productions, LLC Against UMG Recording, Inc., In favor of Em2M, LLC Against Aftermath Records filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Asimow, Daniel)
July 10, 2009 Filing 617 NOTIFICATION by Circuit Court of Appellate Docket Number 09-56069, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, #613 as to plaintiff F.B. T. Productions, LLC. (lra)
July 9, 2009 Filing 616 First AMENDED TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 042508, 042908, 090908, 092608, 012609, 021309, 022009, 022409, 022509, 022609, 030209, 030309, 030409, 030509, 030609, 051109; Court Reporter: Miriam Baird, Pamela Seijas, Exceptional Reporting Services, Court Smart; Court of Appeals Case Number: 09-55817; Re: #589 (Asimow, Daniel)
July 9, 2009 Filing 615 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, #613 . (Asimow, Daniel)
July 9, 2009 Filing 614 Civil Appeals Docketing Statement received from Plaintiffs/Appellants F.B. T. Productions, LLC, Em2M, LLC forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals, #613 (Asimow, Daniel)
July 9, 2009 Filing 613 NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs/Appellants F.B. T. Productions, LLC, Em2M, LLC. (Filing fee $455, receipt number 09730000000005565356.) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Asimow, Daniel)
July 6, 2009 Filing 612 AMENDED FINAL JUDGMENT by Judge Philip S. Gutierrez, Related to: Judgment #528 : ACCORDINGLY, IT IS HEREBY ORDERED THAT: 1. On all counts, the action be dismissed on the merits as to Defendant ARY, Inc.; 2. On the First Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC recover nothing, the cause of action be dismissed on the merits, and the Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. recover costs from Plaintiffs in the amount of $65,913.62; 3. On the Second Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC recover from the Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. the sum of $159,332, with interest accruing after the date of this Court's entry of Final Judgment on this award (i.e., March 17, 2009) at the rate specified in 28 U.S.C. 1961, plus prejudgment interest in the amount of $83,122.87 and costs in the amount of $2,415.91; 4. On the Third Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC are not entitled to royalties under the "masters licensed" provisions of the March 9, 1998 and July 2, 2003 recording agreements for the distribution and sale of permanent downloads and mastertones. Rather, Defendants appropriately pay royalties for permanent downloads and mastertones under the contractual provisions that apply to sales of records through normal retail channels. 5. Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. recover from Plaintiffs F.B.T. Productions, LLC and Em2M, LLC their attorneys' fees in the amount of $2,427,059.80, with interest accruing after the date this Final Amended Judgment is entered at the rate specified in 28 U.S.C. 1961. 6. The Court's Final Judgment, entered on March 17, 2009 (Docket No. 528), is amended in accordance with the foregoing. (bm)
July 2, 2009 Filing 611 NOTICE OF LODGING filed by Aftermath Records, Interscope Records, UMG Recordings, Inc., ARY, Inc. re Judgment,,,,, #528 (Attachments: #1 Exhibit A - [Proposed] Amended Final Judgment)(Klaus, Kelly)
June 26, 2009 Filing 610 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 042508, 042908, 090908, 012609, 022009, 022409, 022509, 022609, 030209, 030309, 030409, 030509, 030609, 051109; Court Reporter: Miriam Baird, Pamela Seijas, Exceptional Court Reporting; Court of Appeals Case Number: 09-55817; Re: #589 (Asimow, Daniel)
June 26, 2009 Filing 609 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/6/09 11:30 (Baird, Miriam)
June 26, 2009 Filing 608 TRANSCRIPT for proceedings held on 3/6/09 11:30 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/17/2009. Redacted Transcript Deadline set for 7/27/2009. Release of Transcript Restriction set for 9/24/2009. (Baird, Miriam)
June 25, 2009 Opinion or Order Filing 607 MINUTES (IN CHAMBERS): ORDER on Motions for Attorneys' Fees; Plaintiffs' motion for attorneys fees #569 is DENIED and Defendants' motion #585 is GRANTED IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
June 25, 2009 Opinion or Order Filing 606 MINUTES (IN CHAMBERS): ORDER on Motions to Re-Tax Costs #556 #562 #564 ; The Court GRANTS the following award of costs in favor of Plaintiffs: Transcript $847.96; Filing & Service Fees $835; Deposition Transcripts $531.31; Witness Fees $201.64; Total Award $2,415.91; The Court also RE-TAXES Defendants award of costs against Plaintiffs, as follows: Transcript -$847.96; Expert Witness Fees -$14675; Copying Costs -$378.90; Visual Aids $2,474.44; Total Adjustment - $13,427.42. Accordingly, Defendants total cost award is $65,913.62. All other requests to re-tax costs are DENIED by Judge Philip S. Gutierrez. (ir)
June 22, 2009 Filing 605 MINUTES OF PLAINTIFFS' MOTION TO RE-TAX COSTS FILED 04-23-09 (DOC. 556) PLAINTIFFS' MOTION TO RE-TAX DEFENDANTS' BILL OF COSTS E-FILED 04-30-09 (DOC. 562) DEFENDANTS' MOTION TO RE-TAX COSTS AGAINST PLAINTIFFS FOR CHARTS, DIAGRAMS AND OTHER VISUAL AIDS [CIVIL L.R. 54-4.13] E-FILED 05-01-09 (DOC. 564) DEFENDANTS' MOTION FOR ATTORNEY'S FEES E-FILED 05-04-09 (DOC. 569) (AMD FILED 05-04-09 (DOC. 575) PLAINTIFFS' MOTION FOR ATTORNEY'S FEES FILED 05-26-09 (DOC. 585): Hearing held and counsel are present. The Court hears oral argument, and takes all motions under submission. #556 #562 #564 #569 #585 Court Reporter: Miriam Baird. (pj)
June 15, 2009 Filing 604 DECLARATION of Marc R. Guilford in Support of MOTION to Tax Costs against Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. Re: Judgment,,,,, #528 MOTION to Tax Costs against Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. Re: Judgment,,,,, #528 #556 , MOTION to Tax Costs against F.B. T. Productions, LLC, Em2M, LLC #562 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
June 15, 2009 Filing 603 REPLY in Support of MOTION to Tax Costs against Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. Re: Judgment,,,,, #528 MOTION to Tax Costs against Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. Re: Judgment,,,,, #528 #556 , MOTION to Tax Costs against F.B. T. Productions, LLC, Em2M, LLC #562 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
June 15, 2009 Filing 602 DECLARATION of Melinda E. LeMoine In Support Of MOTION for Attorney Fees #569 REPLY filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Klaus, Kelly)
June 15, 2009 Filing 601 REPLY in Support of MOTION for Attorney Fees #585 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
June 15, 2009 Filing 600 DECLARATION of Glenn D. Pomerantz in support of MOTION for Attorney Fees #569 REPLY filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A, #2 Declaration B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Klaus, Kelly)
June 15, 2009 Filing 599 REPLY in support of MOTION for Attorney Fees #569 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Klaus, Kelly)
June 15, 2009 Filing 598 REPLY in support of MOTION to Tax Costs against F.B. T. Productions, LLC, Em2M, LLC Re: Judgment,,,,, #528 MOTION to Tax Costs against F.B. T. Productions, LLC, Em2M, LLC Re: Judgment,,,,, #528 #564 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Klaus, Kelly)
June 4, 2009 Filing 597 NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals #589 as to Plaintiff F.B. T. Productions, LLC. (lr)
June 3, 2009 Filing 596 DECLARATION of Melinda E. LeMoine in opposition to MOTION for Attorney Fees #585 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lemoine, Melinda)
June 3, 2009 Filing 595 OPPOSITION to MOTION for Attorney Fees #585 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order)(Lemoine, Melinda)
June 1, 2009 Filing 594 NOTIFICATION by Circuit Court of Appellate Docket Number 09-55817, plaintiff regarding Notice of Appeal to 9th Circuit Court of Appeals #589 as to Plaintiff F.B. T. Productions, LLC. (cbr)
June 1, 2009 Filing 593 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document is accepted as filed per the Court RE: MOTION for Attorney Fees #585 (ir)
June 1, 2009 Opinion or Order Filing 592 ORDER by Judge Philip S. Gutierrez, re Stipulation for Extension of Time to File Response/Reply, #588 : NOW THEREFORE, it is hereby stipulated by and between the parties, through counsel, that 1. Defendants will file an Opposition to Plaintiffs' Motion for Attorney's Fees on Wednesday, June 3, 2009. 2. The parties will file their respective Replies to the Motions on or before Monday, June 15, 2009, which is the time for filing replies provided under the Local Rules. (bm)
May 29, 2009 Filing 591 Civil Appeals Docketing Statement received from Plaintiffs/Appellants F.B. T. Productions, LLC, Em2M, LLC forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals #589 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Busch, Richard)
May 29, 2009 Filing 590 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #589 . (Busch, Richard)
May 29, 2009 Filing 589 NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs/Appellants F.B. T. Productions, LLC, Em2M, LLC. (Filing fee $455, receipt number 09730000000005379658.) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Busch, Richard)
May 29, 2009 Filing 588 STIPULATION for Extension of Time to File Reply as to MOTION for Attorney Fees #569 , MOTION for Attorney Fees #585 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order)(Lemoine, Melinda)
May 27, 2009 Filing 587 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found: Motion hearing date is a closed date. Counsel to refer to the Court's web site for next available motion hearing date. RE: MOTION for Attorney Fees #585 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ir)
May 26, 2009 Filing 586 DECLARATION of Richard S. Busch In Support Of MOTION for Attorney Fees #585 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Busch, Richard)
May 26, 2009 Filing 585 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 6/22/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Busch, Richard)
May 26, 2009 Filing 584 DECLARATION of Richard S. Busch In Opposition To MOTION for Attorney Fees #569 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1)(Busch, Richard)
May 26, 2009 Filing 583 OPPOSITION to MOTION for Attorney Fees #569 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order)(Busch, Richard)
May 26, 2009 Filing 582 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/11/09 2:00 PM (Baird, Miriam)
May 26, 2009 Filing 581 TRANSCRIPT for proceedings held on 5/11/09 2:00 pm. Court Reporter/Electronic Court Recorder: miriam v. baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through the COURT REPORTER or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/16/2009. Redacted Transcript Deadline set for 6/26/2009. Release of Transcript Restriction set for 8/24/2009. (Baird, Miriam)
May 20, 2009 Filing 580 MINUTES OF IN CHAMBERS ORDER re PLAINTIFFS' MOTION TO RE-TAX COSTS E-FILED 04-23-09 (DOC. 556); PLAINTIFFS' MOTION TO RETAX DEFENDANTS' BILL OF COSTS E-FILED 04-30-09 (DOC. 562); DEFENDANTS' MOTION TO RE-TAX COSTS AGAINST PLAINTIFFS FOR CHARTS, DIAGRAMS AND OTHER VISUAL AIDS [CIVIL L.R. 54-4.13] -FILED 05-01-09 (DOC. 564); DEFENDANTS' MOTION FOR ATTORNEY'S FEES E-FILED 05-04-09 (DOC. 569) (AMD FILED 05-04-09 (DOC. 575) held before Judge Philip S. Gutierrez: On the Court's own motion, the above-reference motions are hereby CONTINUED from June 1, 2009 to June 22, 2009 at 1:30 p.m. (bm)
May 18, 2009 Filing 579 OPPOSITION to MOTION to Tax Costs against Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. Re: Judgment,,,,, #528 MOTION to Tax Costs against Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. Re: Judgment,,,,, #528 #556 , MOTION to Tax Costs against F.B. T. Productions, LLC, Em2M, LLC #562 (CONSOLIDATED OPPOSITION) filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
May 18, 2009 Filing 578 DECLARATION of Marc R. Guilford in opposition to MOTION to Tax Costs against F.B. T. Productions, LLC, Em2M, LLC Re: Judgment,,,,, #528 MOTION to Tax Costs against F.B. T. Productions, LLC, Em2M, LLC Re: Judgment,,,,, #528 #564 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1)(Busch, Richard)
May 18, 2009 Filing 577 OPPOSITION to MOTION to Tax Costs against F.B. T. Productions, LLC, Em2M, LLC Re: Judgment,,,,, #528 MOTION to Tax Costs against F.B. T. Productions, LLC, Em2M, LLC Re: Judgment,,,,, #528 #564 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order)(Busch, Richard)
May 14, 2009 Filing 575 Amendment to MOTION for Attorney Fees #569 Changing Hearing Date to June 22, 2009 in Accordance with Parties' Stipulated Briefing Schedule filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
May 12, 2009 Opinion or Order Filing 574 MINUTES (IN CHAMBERS) Order Denying Plaintiffs' Motion for New Trial #533 by Judge Philip S. Gutierrez: For the foregoing reasons, the motion for a new trial is DENIED. (see document for further details) (bm)
May 11, 2009 Filing 576 MINUTES OF Hearing on Plaintiff's Motion for New Trial and Relief from Judgment on Counts I and II #533 held before Judge Philip S. Gutierrez. The case is called and counsel make appearances. Counsel argue. The Court takes the matter under submission and advises counsel an order will issue. Court Reporter: Mariam Baird. (csi)
May 7, 2009 Opinion or Order Filing 573 MINUTES (IN CHAMBERS): ORDER on Plaintiffs' Motion to correct or Amend Judgment #539 ; The Court DENIES Plaintiffs motion to amend the Order onCount III. The Court GRANTS Plaintiffs motion to amend the final judgment to reflect an award of prejudgment interest on Count II in the amount of $83,122.87. Accordingly, the hearing date on this motion is VACATED. The motion for a new trial shall remain on calendar IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
May 6, 2009 Opinion or Order Filing 572 MINUTES (IN CHAMBERS) Order Denying Motion to Postpone Briefing of Any Motions for Attorneys' Fees by Judge Philip S. Gutierrez denying #551 Motion: Before the Court is Plaintiffs' motion to postpone briefing of any motions for attorneys' fees until after resolution of appeals. The Court finds the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local R. 7-15. After considering the moving and opposing papers, the Court DENIES the motion. Accordingly, the hearing on this motion is VACATED. All other motions shall remain on calendar. (bm)
May 4, 2009 Filing 571 DECLARATION of Melinda E. LeMoine In Support of Defendants' Motion for Attorney's Fees MOTION for Attorney Fees #569 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lemoine, Melinda)
May 4, 2009 Filing 570 DECLARATION of Glenn D. Pomerantz In Support of Defendants' Motion for Attorney's Fees MOTION for Attorney Fees #569 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Lemoine, Melinda)
May 4, 2009 Filing 569 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Motion set for hearing on 6/1/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Lemoine, Melinda)
May 4, 2009 Filing 568 REPLY in Support of MOTION for New Trial AND RELIEF FROM JUDGMENT ON COUNTS I AND III (Fed. R. Civ. P. 59(a), 60(b)(1)) MOTION for New Trial AND RELIEF FROM JUDGMENT ON COUNTS I AND III (Fed. R. Civ. P. 59(a), 60(b)(1)) #533 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Falk, Jerome)
May 4, 2009 Filing 567 REPLY in support of MOTION for Order for to Postpone Briefing of any Motions for Attorney's Fees Until After Resolution of Appeals #551 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
May 4, 2009 Filing 566 REPLY in support of MOTION to Alter Judgment re Judgment,,,,, #528 , Order, #527 . MOTION to Alter Judgment re Judgment,,,,, #528 , Order, #527 . #539 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
May 1, 2009 Filing 565 DECLARATION of Kelly M. Klaus In Support of MOTION to Tax Costs against F.B. T. Productions, LLC, Em2M, LLC Re: Judgment,,,,, #528 MOTION to Tax Costs against F.B. T. Productions, LLC, Em2M, LLC Re: Judgment,,,,, #528 #564 filed by Defendants Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A-C)(Klaus, Kelly)
May 1, 2009 Filing 564 NOTICE OF MOTION AND MOTION to Tax Costs against F.B. T. Productions, LLC, Em2M, LLC Re: Judgment,,,,, #528 filed by Defendants Interscope Records. Motion set for hearing on 6/1/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order Proposed Order)(Klaus, Kelly)
April 30, 2009 Opinion or Order Filing 563 ORDER DENYING Ex Parte Application for an order enlarging the page limit for reply in support of motion for new trial and relief from judgmet #561 by Judge Philip S. Gutierrez. (ir)
April 30, 2009 Filing 562 NOTICE OF MOTION AND MOTION to Tax Costs against F.B. T. Productions, LLC, Em2M, LLC filed by plaintiff F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 6/1/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Busch, Richard)
April 29, 2009 Filing 561 EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Reply in Support of Motion for New Trial and Relief from Judgment filed by plaintiff F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Declaration Richard S. Busch, #2 Proposed Order)(Busch, Richard)
April 27, 2009 Filing 560 OPPOSITION to MOTION for Order for to Postpone Briefing of any Motions for Attorney's Fees Until After Resolution of Appeals #551 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order Denying Plaintiffs' Motion to Postpone Briefing)(Lemoine, Melinda)
April 27, 2009 Filing 559 OPPOSITION to MOTION to Alter Judgment re Judgment,,,,, #528 , Order, #527 . MOTION to Alter Judgment re Judgment,,,,, #528 , Order, #527 . #539 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A - Defendants' Proposed Amendment, #2 Proposed Order Denying Mtn to Amend or Correct the Judgment)(Lemoine, Melinda)
April 23, 2009 Filing 558 BILL OF COSTS. Costs Taxed in amount of $ 79,341.04 in favor of Defendants Aftermath Records d/b/a ftermath Entertainment, Interscope Records, and UMG Recordings, Inc. and against Plaintiff F.B. T. Productions, LLC and Em2M, LLC. RE: APPLICATION to the Clerk to Tax Costs against Plaintiffs F.B. T. Productions, LLC, Em2M, LLC #543 (rb)
April 23, 2009 Filing 557 DECLARATION of Richard S. Busch in support of MOTION to Tax Costs against Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. Re: Judgment,,,,, #528 MOTION to Tax Costs against Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. Re: Judgment,,,,, #528 #556 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Busch, Richard)
April 23, 2009 Filing 556 NOTICE OF MOTION AND MOTION to Tax Costs against Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. Re: Judgment,,,,, #528 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 6/1/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Busch, Richard)
April 23, 2009 Filing 555 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #553 by Clerk of Court that the document is accepted as filed. Hearing set for May 11, 2009 at 1:30 pm. RE: MOTION for Order for to Postpone Briefing #551 . (bm) Modified on 4/23/2009 (bm).
April 21, 2009 Opinion or Order Filing 554 ORDER ON PARTIES' STIPULATED BRIEFING SCHEDULE FOR POST-TRIAL MOTIONS by Judge Philip S. Gutierrez, re Stipulation #545 (see document for further details). (bm)
April 21, 2009 Filing 553 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: MOTION to Postpone Briefing #551 . Noticed hearing date of 5/11/09 is a closed motion date on the Court's calendar. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm)
April 20, 2009 Filing 552 OPPOSITION to MOTION for New Trial AND RELIEF FROM JUDGMENT ON COUNTS I AND III (Fed. R. Civ. P. 59(a), 60(b)(1)) MOTION for New Trial AND RELIEF FROM JUDGMENT ON COUNTS I AND III (Fed. R. Civ. P. 59(a), 60(b)(1)) #533 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A - Pl's Powerpoint Slide, #2 Proposed Order Denying Plaintiffs' Motion for a New Trial or Relief from Judgment)(Lemoine, Melinda)
April 20, 2009 Filing 551 NOTICE OF MOTION AND MOTION for Order for to Postpone Briefing of any Motions for Attorney's Fees Until After Resolution of Appeals filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 5/11/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Asimow, Daniel)
April 16, 2009 Filing 550 BILL OF COSTS. Costs Taxed in amount of $ 0. in favor of Plaintiff F.B. T. Productions, et al. and against Defendants Aftermath Records. RE: APPLICATION to the Clerk to Tax Costs against Defendants Aftermath Records, Interscope Records, UMG Recording, Inc. #540 According to the judgment filed 3/17/09 at page 2, lines 10 and 11, costs for Plaintiff are to be determined by the Court. (rb)
April 9, 2009 Filing 549 DECLARATION of MELINDA LEMOINE IN OPPOSITION TO APPLICATION to the Clerk to Tax Costs against Defendants Aftermath Records, Interscope Records, UMG Recording, Inc. #540 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A)(Lemoine, Melinda)
April 9, 2009 Filing 548 OBJECTION IN OPPOSITION TO re: APPLICATION to the Clerk to Tax Costs against Defendants Aftermath Records, Interscope Records, UMG Recording, Inc. #540 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
April 9, 2009 Filing 547 DECLARATION of Richard S. Busch re Objections - non-motion #546 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 - Defendants' Claimed Deposition Costs, #2 Exhibit 2 - LA Lawyer Article, #3 Exhibit 3 - Defendants' Deposition Exhibits Detail - Improperly Claimed Costs)(Busch, Richard)
April 9, 2009 Filing 546 OBJECTIONS to APPLICATION to the Clerk to Tax Costs against Plaintiffs F.B. T. Productions, LLC, Em2M, LLC #543 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
April 8, 2009 Filing 545 STIPULATION for Extension of Time to File Response to New Trial Motion and to Set Post-Trial Briefing Schedule filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order on Stipulated Briefing Schedule)(Lemoine, Melinda)
April 8, 2009 Filing 544 NOTICE of Change of Attorney Information for attorney Mark L Block counsel for Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Changing Firm Name to Glaser, Weil, Fink, Jacobs, Howard & Shapiro, LLP. Filed by Plaintiffs F.B.T. Productions, LLC and Em2M, LLC (Block, Mark)
April 2, 2009 Filing 543 APPLICATION to the Clerk to Tax Costs against Plaintiffs F.B. T. Productions, LLC, Em2M, LLC filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Bill of Costs, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Declaration of Melinda Eades LeMoine)(Lemoine, Melinda)
April 2, 2009 Filing 542 MEMORANDUM in Support of MOTION to Alter Judgment re Judgment,,,,, #528 , Order, #527 . MOTION to Alter Judgment re Judgment,,,,, #528 , Order, #527 . #539 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
April 2, 2009 Opinion or Order Filing 541 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Notice of motion for new trial and relief #531 , Memo of Points and Authorities #532 , for the following reasons: Incorrect document is attached to the docket entry. Incorrect event selected. Correct event is Motion for New Trial or Motions Relief. Other: Counsel shall ONLY re-file supporting documents. Counsel has already re-filed the Motion (doc 539), but failed to include the supporting documents. Note: Please refer to the courts Internet website at www.cacd.uscourts.gov for Local Rules, General Order 08-02 and applicable forms. (bm)
April 1, 2009 Filing 540 APPLICATION to the Clerk to Tax Costs against Defendants Aftermath Records, Interscope Records, UMG Recording, Inc. filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Application set for hearing on 4/16/2009 at 03:00 PM before Clerk of Court. (Attachments: #1 Exhibit Bill of Costs, #2 Exhibit A - Filing Fees, #3 Exhibit B - Summons and Subpoenas, #4 Exhibit C - Transcript Fees, #5 Exhibit D - Witness Fees, #6 Declaration Declaration of Richard S. Busch)(Busch, Richard)
March 31, 2009 Filing 539 NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,,,,, #528 , Order, #527 . filed by plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 5/11/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Busch, Richard)
March 31, 2009 Filing 538 NOTICE OF ERRATA filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. correcting MOTION to Alter Judgment re Judgment,,,,, #528 , Order, #527 . MOTION to Alter Judgment re Judgment,,,,, #528 , Order, #527 . #531 (Busch, Richard)
March 31, 2009 Filing 537 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: MOTION for New Trial #533 appears to be a duplicated of document #531 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm)
March 31, 2009 Filing 536 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Motion for New Trial #531 . Incorrect document is attached to the docket entry. Incorrect event selected. Correct event is Motions-New Trial or Motions-Relief. Docket entry text indicates Motion to Alter Judgment, which does not match caption text of attached document. Attached document caption states Motion for New Trial and Relief from Judgment. Attached proposed order indicates proposed order granting plaintiff's motion to amend or correct judgment. Motion relief being requested is not clear. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm)
March 30, 2009 Filing 535 DECLARATION of Richard S. Busch In Support Of MOTION for New Trial AND RELIEF FROM JUDGMENT ON COUNTS I AND III (Fed. R. Civ. P. 59(a), 60(b)(1)) MOTION for New Trial AND RELIEF FROM JUDGMENT ON COUNTS I AND III (Fed. R. Civ. P. 59(a), 60(b)(1)) #533 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Asimow, Daniel)
March 30, 2009 Filing 534 MEMORANDUM in Support of MOTION for New Trial AND RELIEF FROM JUDGMENT ON COUNTS I AND III (Fed. R. Civ. P. 59(a), 60(b)(1)) MOTION for New Trial AND RELIEF FROM JUDGMENT ON COUNTS I AND III (Fed. R. Civ. P. 59(a), 60(b)(1)) #533 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order)(Asimow, Daniel)
March 30, 2009 Filing 533 NOTICE OF MOTION AND MOTION for New Trial AND RELIEF FROM JUDGMENT ON COUNTS I AND III (Fed. R. Civ. P. 59(a), 60(b)(1)) filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 5/11/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Asimow, Daniel)
March 30, 2009 Filing 532 MEMORANDUM in Support of MOTION to Alter Judgment re Judgment,,,,, #528 , Order, #527 . MOTION to Alter Judgment re Judgment,,,,, #528 , Order, #527 . #531 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard) DOCUMENT HAS BEEN STRICKEN PURSUANT TO COURT ORDER DATED 4/2/09, DOCUMENT #541 Modified on 4/2/2009 (bm).
March 30, 2009 Filing 531 NOTICE OF MOTION AND MOTION to Alter Judgment re Judgment,,,,, #528 , Order, #527 . filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 5/11/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order Proposed Order)(Busch, Richard) DOCUMENT HAS BEEN STRICKEN PURSUANT TO COURT ORDER DATED 4/2/09, DOCUMENT #541 Modified on 4/2/2009 (bm).
March 25, 2009 Filing 530 NOTICE of Association of Counsel Filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC (Asimow, Daniel)
March 25, 2009 Filing 529 NOTICE of Association of Counsel Filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC (Asimow, Daniel)
March 17, 2009 Filing 528 JUDGMENT by Judge Philip S. Gutierrez: On all counts, the action be dismissed on the merits as to Defendant ARY, Inc.; On the First Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC recover nothing, the cause of action be dismissed on the merits, and the Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. recover costs from Plaintiffs in the amount of ______ ; On the Second Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC recover from the Defendants Aftermath Records d/b/a Aftermath Entertainment, Interscope Records, and UMG Recordings, Inc. the sum of $159,332 with interest accruing after this judgment is entered at the rate specified in 28 U.S.C. 1961, plus prejudgment interest and costs as determined by the Court; On the Third Claim for Relief, the Plaintiffs F.B.T. Productions, LLC and Em2M, LLC are not entitled to royalties under the masters licensed provisions of the March 9, 1998 and July 2, 2003 recording agreements for the distribution and sale of permanent downloads and mastertones. Rather, Defendants appropriately pay royalties for permanent downloads and mastertones under the contractual provisions that apply to sales of records through normal retail channels.The Clerk is ordered to enter this Judgment.(MD JS-6, Case Terminated). (ir)
March 17, 2009 Opinion or Order Filing 527 ORDER ON THIRD CLAIM FOR RELIEF by Judge Philip S. Gutierrez: On Count Three, the Court holds that Plaintiffs are not entitled to royalties under the masters licensed provision of the 1998 and 2003 Agreements for the distribution and sale of permanent downloads and mastertones. Rather, Defendants appropriately pay royalties for permanent downloads and mastertones under the contractual provisions that apply to sales of records throughnormal retail channels. (See document for further details) (ir)
March 16, 2009 Filing 526 OBJECTIONS to Notice of Lodging, #525 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
March 12, 2009 Filing 525 NOTICE OF LODGING filed by Aftermath Records, Interscope Records, UMG Recordings, Inc., ARY, Inc. re Jury Verdict #516 (Attachments: #1 Exhibit A - [Proposed] Final Judgment, #2 Exhibit B - [Proposed] Order on Count Three)(Lemoine, Melinda)
March 11, 2009 Filing 524 SEALED DOCUMENT- Exhibit G to Declaration of Melinda E. Lemoine in Support of Defendants' Motion to Compel the Attendance at Trial of Plaintiff-in-Interest, Mark Bass.(mat) Modified on 3/12/2009 (mat).
March 11, 2009 Filing 523 SEALED DOCUMENT- Exhibit F to Declaration of Melinda E. Lemoine in Support of Defendants' Motion to Compel the Attendance at Trial of Plaintiff-in-Interest, Mark Bass. (mat)
March 11, 2009 Filing 522 SEALED DOCUMENT- Exhibit E to Declaration of Melinda E. Lemoine in Support of Defendants' Motion to Compel the Attendance at Trial of Plaintiff-in-Interest, Mark Bass. (mat)
March 10, 2009 Filing 520 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies). (mg)
March 9, 2009 Filing 519 NOTICE OF FILING TRANSCRIPT filed for proceedings 03/05/09; 10:00 a.m. (Seijas, Pamela)
March 9, 2009 Filing 518 NOTICE OF FILING TRANSCRIPT filed for proceedings 03/05/09; 10:00 a.m. #(Seijas, Pamela)
March 9, 2009 Filing 517 TRANSCRIPT for proceedings held on 03/05/09; 10:00 a.m.. Court Reporter/Electronic Court Recorder: Pamela A. Seijas, phone number www.pamelaseijas.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/30/2009. Redacted Transcript Deadline set for 4/9/2009. Release of Transcript Restriction set for 6/7/2009. (Seijas, Pamela)
March 6, 2009 Filing 516 (Not for Public View pursuant to the E-Government Act of 2002) JURY VERDICT in favor of plaintiffs F.B. T. Productions, LLC, Em2M, LLC and defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. (bm) (Main Document 516 replaced on 8/27/2014) (cv). Modified on 8/27/2014 (cv).
March 6, 2009 Filing 515 (Not for Public View pursuant to the E-Government Act of 2002) Jury Note # 3 filed. (bm) (Main Document 515 replaced on 8/27/2014) (cv). Modified on 8/27/2014 (cv).
March 6, 2009 Filing 514 (Not for Public View pursuant to the E-Government Act of 2002) Jury Note # 2 filed. (bm) (Main Document 514 replaced on 8/27/2014) (cv). Modified on 8/27/2014 (cv).
March 6, 2009 Filing 513 (Not for Public View pursuant to the E-Government Act of 2002) Jury Note # 1 filed. (bm) (Main Document 513 replaced on 8/27/2014) (cv). Modified on 8/27/2014 (cv).
March 6, 2009 Filing 512 AMENDED JOINT Exhibit List filed by plaintiffs F.B. T. Productions, LLC, Em2M, LLC. and defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. (bm)
March 6, 2009 Filing 511 JOINT WITNESS LIST filed by plaintiffs F.B. T. Productions, LLC, Em2M, LLC. and defendants Aftermath Records, Interscope Records, UMG Recording, Inc., and Ary, Inc. (bm)
March 6, 2009 Filing 510 LIST OF EXHIBITS AND WITNESSES at trial. (bm)
March 6, 2009 Filing 509 JURY INSTRUCTIONS (Given) by Judge Philip S. Gutierrez. (bm)
March 6, 2009 Filing 508 MINUTES OF Jury Trial - 7th Day held and completed before Judge Philip S. Gutierrez. Verdict reached. Jury FINDS: Verdict in favor of Count 2 for Plaintiffs, Count 1 for defendant. Jury polled. Filed Witness & Exhibit Lists. Filed jury notes. Filed jury instructions. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. Counsel stipulate to the return of exhibits upon the conclusion of trial. Exhibit Release Form prepared and filed. Other: The Jury is thanked and excused. Defendants to lodged a proposed judgment in conformity with the verdict. Court Reporters: Miriam Baird/Pamela Seijas. (bm)
March 6, 2009 Filing 505 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/5/09 9:00 am (Baird, Miriam)
March 6, 2009 Filing 504 TRANSCRIPT for proceedings held on 3/5/09 9:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/27/2009. Redacted Transcript Deadline set for 4/6/2009. Release of Transcript Restriction set for 6/4/2009. (Baird, Miriam)
March 5, 2009 Filing 507 MINUTES OF Jury Trial - 6th Day held before Judge Philip S. Gutierrez. Witnesses called, sworn and testified. Exhibits admitted. Defendant(s) rest. Closing arguments made by plaintiff(s), defendant(s). Court instructs jury. Bailiff(s) sworn. Jury retires to deliberate. Jury Trial continued to 3/6/2009 at 9:00 AM. Court Reporters: Miriam Baird/Pamela Seijas. (bm)
March 5, 2009 Filing 503 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/2/09; 3/3/09; 3/4/09(pm) (Baird, Miriam)
March 5, 2009 Filing 502 TRANSCRIPT for proceedings held on 3/4/09 1:30 pm. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/26/2009. Redacted Transcript Deadline set for 4/5/2009. Release of Transcript Restriction set for 6/3/2009. (Baird, Miriam)
March 5, 2009 Filing 501 TRANSCRIPT for proceedings held on 03/03/09 3:30 pm. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/26/2009. Redacted Transcript Deadline set for 4/5/2009. Release of Transcript Restriction set for 6/3/2009. (Baird, Miriam)
March 5, 2009 Filing 500 TRANSCRIPT for proceedings held on 03/02/09 9:00 am. Court Reporter/Electronic Court Recorder: Miriam v. Baird, phone number mvb11893. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/26/2009. Redacted Transcript Deadline set for 4/5/2009. Release of Transcript Restriction set for 6/3/2009. (Baird, Miriam) Modified on 1/28/2010 (lr).
March 5, 2009 Filing 498 NOTICE OF FILING TRANSCRIPT filed for proceedings 03/04/09; 9:14 a.m. (Seijas, Pamela)
March 5, 2009 Filing 497 TRANSCRIPT for proceedings held on 03/04/09; 9:14 a.m.. Court Reporter/Electronic Court Recorder: Pamela A. Seijas, phone number www.pamelaseijas.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/26/2009. Redacted Transcript Deadline set for 4/5/2009. Release of Transcript Restriction set for 6/3/2009. (Seijas, Pamela)
March 4, 2009 Filing 506 MINUTES OF Jury Trial - 5th Day held before Judge Philip S. Gutierrez. Witnesses called, sworn and testified. Exhibits identified. Plaintiff(s) rest. Jury Trial set continued to 3/5/2009 at 8:30 AM. Other: Juror #9 excused. The Court hears discussion regarding exhibit #790 and interrogatories #26. The Court hears oral argument on Deft's Motion for Judgment, and denies motion. Parties to resubmit clean set of jury instructions. Court Reporters: Miriam Baird/Pamela Seijas. (bm)
March 3, 2009 Filing 496 MINUTES: Status Conference regarding Jury Instructions; Hearing held. The Court hears oral argument regarding exhibit 29, and the allows the examination of exhibit 29. The Court proceeds to discuss jury instructions, and directs counsel to meet with the clerk for the preparation of admitted exhibit binders by Judge Philip S. GutierrezCourt Reporter: Miriam Baird. (ir)
March 2, 2009 Filing 495 MINUTES OF Status Conference Re Jury Instructions held before Judge Philip S. Gutierrez: Hearing held. The Court hears oral argument regarding Plaintiff's summary charts under Rule 1006, and orders that the summary charts be marked as an exhibit and be admitted. The Court proceeds to discuss proposed jury instructions, and orders that counsel return tomorrow at 3:30 pm to finalize the jury instructions. Defense counsel shall prepare the final version of the jury instructions and provided them tomorrow at 3:30 p.m. for the Court's approval. In addition, simultaneous exchange of documents addressed on the record are to be submitted to the Court by Noon on Wednesday, March 4, 2009. Trial is continued to Wednesday, March 4, 2009 at 9am. Clerk is directed to notify the jury telephonically. Lastly, the Court grants counsel's request to receive those portions of the transcripts which are sealed, subject to the same protective order that was in existence before. Court Reporter: Miriam Baird. (bm)
February 27, 2009 Filing 494 MINUTES: (In Chambers) JURY TRIAL -DAY 5 CONTINUED; PLEASE TAKE NOTICE that on the Courts own motion, day five of the jury trial is hereby continued from February 27, 2009 to next Tuesday, March 3, 2009 at 9:00 a.m. Furthermore, a status conference is hereby scheduled for Monday, March 2, 2009 at 9:00 a.m. to discuss jury instructions by Judge Philip S. Gutierrez (ir)
February 27, 2009 Filing 493 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/25/09 & 2/26/09 am sesssion (Baird, Miriam)
February 27, 2009 Filing 492 TRANSCRIPT for proceedings held on 9/26/09 9:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/20/2009. Redacted Transcript Deadline set for 3/30/2009. Release of Transcript Restriction set for 5/28/2009. (Baird, Miriam)
February 27, 2009 Filing 491 TRANSCRIPT for proceedings held on 2/25/09 9:00 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/20/2009. Redacted Transcript Deadline set for 3/30/2009. Release of Transcript Restriction set for 5/28/2009. (Baird, Miriam)
February 27, 2009 Filing 490 SEALED DOCUMENT- TRANSCRIPT for proceedings held on Thursday, 2/26, 2009 2:44 p.m. to 2:47 p.m. Day 4 (p.m. Session). Court Reporter/Electronic Court Recorder: Pamela A. Seijas, phone number (213) 687-0446. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/20/2009. Redacted Transcript Deadline set for 3/30/2009. Release of Transcript Restriction set for 5/28/2009. (mat)
February 27, 2009 Filing 489 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/26/09; 1:17 p.m. (Seijas, Pamela)
February 27, 2009 Filing 488 TRANSCRIPT for proceedings held on 02/26/09; 1:17 p.m.. Court Reporter/Electronic Court Recorder: Pamela A. Seijas, phone number www.pamelaseijas.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/20/2009. Redacted Transcript Deadline set for 3/30/2009. Release of Transcript Restriction set for 5/28/2009. (Seijas, Pamela)
February 26, 2009 Filing 499 MINUTES: 4th Day Jury Trial held and continued. Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to 2/27/2009 09:00 AM for further trial/further jury deliberations. Status Conference set for Monday, March 3, 2009 at 9;00 am to discuss proposed jury instruction by Judge Philip S. Gutierrez. Court Reporter: Miriam Baird/Pamela Seijas. (ir)
February 26, 2009 Filing 487 PLAINTIFFS' SECOND SUPPLEMENTAL PROPOSED DISPUTED JURY INSTRUCTIONS AND DEFENDANTS' OBJECTIONS THERETO (Pomerantz, Glenn)
February 26, 2009 Filing 486 SEALED DOCUMENT- TRANSCRIPT for proceedings held on Tuesday, 2/24/2009 Day 2 (P.M. Session) Sealed Transcript page 58 line 8 to page 61 line 5. 2:52 p.m. to 2:55 p.m.. Court Reporter/Electronic Court Recorder: Pamela A. Seijas, CSR, FCRR, phone number (213) 687-0446. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/19/2009. Redacted Transcript Deadline set for 3/29/2009. Release of Transcript Restriction set for 5/27/2009. (mat)
February 26, 2009 Filing 484 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/25/09, p.m. session; 1:57 p.m. (Seijas, Pamela)
February 26, 2009 Filing 483 TRANSCRIPT for proceedings held on 02/25/09; 1:57 p.m.. Court Reporter/Electronic Court Recorder: Pamela A. Seijas, phone number www.pamelaseijas.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/19/2009. Redacted Transcript Deadline set for 3/29/2009. Release of Transcript Restriction set for 5/27/2009. (Seijas, Pamela)
February 25, 2009 Filing 485 MINUTES OF Jury Trial - 3rd Day held before Judge Philip S. Gutierrez. Witnesses called, sworn and testified. Exhibits identified and admitted. Jury Trial continued to 2/26/2009 at 9:00 AM. Other: Ruling on deposition designation read into the record. Court Reporters: Miriam Baird/Pamela Seijas. (bm)
February 25, 2009 Filing 482 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/24/09 am session (Baird, Miriam)
February 25, 2009 Filing 481 TRANSCRIPT for proceedings held on 2/24/09 am session. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/18/2009. Redacted Transcript Deadline set for 3/28/2009. Release of Transcript Restriction set for 5/26/2009. (Baird, Miriam)
February 25, 2009 Filing 480 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/24/09; 1:30 p.m. (Seijas, Pamela)
February 25, 2009 Filing 479 TRANSCRIPT for proceedings held on 2/24/09 p.m. session; 1:30 P.M.. Court Reporter/Electronic Court Recorder: Pamela A. Seijas, phone number www.pamelaseijas.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/18/2009. Redacted Transcript Deadline set for 3/28/2009. Release of Transcript Restriction set for 5/26/2009. (Seijas, Pamela)
February 24, 2009 Filing 478 MINUTES: 2ND DAY Jury Trial. Held and continued. Opening statements made by Plaintiff and Defendant. Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to Wednesday, 2/25/2009 08:30 AM for further trial/further jury deliberations. Defendants oral motion to exclude witnesses from the courtroom is granted. Juror #9 is excused pursuant to a stipulation. Ruling on deposition of Eddie Cue read into the record.Parties to submit a new amended exhibit list which includes exhibits 960-963. Ruling on MIL #5 modified to as stated on the record by Judge Philip S. Gutierrez. Court Reporter: Miriam Baird/Pamela Seijas. (ir)
February 24, 2009 Filing 473 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/20/09; 2:40 p.m. (Seijas, Pamela)
February 24, 2009 Filing 472 TRANSCRIPT for proceedings held on 2/20/09; 2:40 p.m.. Court Reporter/Electronic Court Recorder: Pamela A. Seijas, phone number www.pamelaseijas.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/17/2009. Redacted Transcript Deadline set for 3/27/2009. Release of Transcript Restriction set for 5/26/2009. (Seijas, Pamela)
February 24, 2009 Filing 471 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/20/09 9:30 am (Baird, Miriam)
February 24, 2009 Filing 470 TRANSCRIPT for proceedings held on 2/20/09 9:30 am. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/17/2009. Redacted Transcript Deadline set for 3/27/2009. Release of Transcript Restriction set for 5/26/2009. (Baird, Miriam)
February 23, 2009 Opinion or Order Filing 469 ORDER APPROVING STIPULATION OF THE PARTIES RE USE OF ELECTRONIC EQUIPMENT AT TRIAL #465 by Judge Philip S. Gutierrez: Good cause appearing, it is ORDERED THAT: 1. The parties shall have leave to enter the courtroom of the Honorable Philip S. Gutierrez (1) for one and one-half hours, at a time that is convenient for the Court, on Monday, February 23, 2009; (2) at 8:30 a.m. on Tuesday, February 24, 2009; and each day of trial therafter; in order to bring, set up, and test the Shared Equipment, Plaintiffs' Equipment, and Defendants' Equipment. 2. The parties shall have leave to remove the Shared Equipment and Plaintiffs' Equipment upon completion of trial. (bm)
February 22, 2009 Filing 465 Joint STIPULATION for Leave to Install and Use Electronic Equipment at Trial filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order)(Busch, Richard)
February 21, 2009 Filing 464 OBJECTIONS (REVISED) to Plaintiffs' Designations of Portions of Deposition Testimony of Eddy Cue filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
February 20, 2009 Filing 467 MINUTES OF Jury Trial - 1st Day held before Judge Philip S. Gutierrez Jury empanelled and sworn. Jury Trial continued to 2/24/2009 at 9:00 AM. Defts' motion to compel the attendance (doc. 418)-GRANTED; Plaintiff's MIL #5 - UNDER SUBMISSION. Defense counsel to email Clerk Revised Deposition Designations. Court Reporter: Miriam Baird. (bm)
February 20, 2009 Opinion or Order Filing 466 ORDER APPROVING STIPULATION REGARDING ADMISSION OF CERTAIN TRIAL EXHIBITS #458 by Judge Philip S. Gutierrez: Plaintiffs and Defendants stipulated on February 20, 2009 that all exhibits listed on "Exhibit A" attached to their submitted stipulation be pre-admitted into evidence. Good cause appearing, IT IS ORDERED THAT all exhibit listed on "Exhibit A" attached to the stipulation regarding admission of certain trial exhibits are hereby pre-admitted into evidence. (bm)
February 20, 2009 Filing 459 STATEMENT AMENDED JOINT PROPOSED STATEMENT OF THE CASE filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. (Attachments: #1 Exhibit A)(Lemoine, Melinda)
February 20, 2009 Filing 458 PRETRIAL STIPULATION regarding Exhibits. (Attachments: #1 Exhibit A - Stipulated Exhibits, #2 Proposed Order)(Busch, Richard)
February 19, 2009 Filing 477 Declaration of Matt Railo in Support of Non-Party Apple Inc.'s Exparte Application: (1) to Intervene for a Limited Purpose; and (2) for an Order Sealing Confidential Exhibits and Deposition Testimony. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10, Part 11, Part 12, Part 13, Part 14, Part 15, Part 16)(mat)
February 19, 2009 Filing 476 SEALED DOCUMENT- Declaration of Colin B. Vandell in Support of Non-Party Apple Inc.'s Exparte Application: (1) to Intervene for a Limited Purpose; and (2) for an Order Sealing Confidential Exhibits and Deposition Testimony. (mat)
February 19, 2009 Filing 475 SEALED DOCUMENT- Order Granting Non-Party Apple Inc.'s Unopposed Application (1) to Interven for a Limited Purpose; and (2) for an Order Sealing Confidential Exhibits and Depostion Testimony. (mat)
February 19, 2009 Filing 474 SEALED DOCUMENT- Non-Party Apple Inc.'s Unopposed Exparte Application: (1) To Intervene for a Limited Purpose; And (2) for an Order Sealing Confidential Exhibits and Deposition Testimony; Memorandum of Points and Authorities in Support Thereof. (mat)
February 19, 2009 Opinion or Order Filing 468 ORDER GRANTING NON-PARTY APPLE INC.'S APPLICATION TO FILE UNDER SEAL PURSUANT TO PROTECTIVE ORDER #457 by Judge Philip S. Gutierrez: PLEASE TAKE NOTICE that non-party Apple Inc.'s ("Apple's") Application to file the following Confidential and/or Confidential-Attorneys' Eyes Only material under seal has been GRANTED. Pursuant to the Modified Protective Order entered on September 17, 2008 in this action, the following shall hereby be filed under seal, and shall be maintained under seal until further Order of this Court: (1) Apple's unopposed Ex Parte application (1) to intervene for a limited purpose; and (2) for an order sealing confidential exhibits and deposition testimony, along with the supporting documents filed therewith (including the declarations, exhibits, and proposed order) (collectively the "Application"). (bm)
February 19, 2009 Filing 456 OPPOSITION to Plaintiffs' Memorandum of Points and Authorities Concerning Estimated Examinations filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Encinas, Kimberly)
February 18, 2009 Filing 454 MINUTES OF IN CHAMBERS ORDER Denying Plaintiffs' Motion In Limine No. 6 #373 held before Judge Philip S. Gutierrez: Before this Court is Plaintiffs' Motion In Limine No. 6. The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local R. 7-15. Accordingly, the hearing set for February 20, 2009 on the present motion is removed from the Court's calendar. After considering the moving and opposing papers, the Court DENIES Plaintiffs' Motion In Limine No. 6. (bm)
February 17, 2009 Opinion or Order Filing 463 ORDER by Judge Philip S. Gutierrez GRANTING in its entirety Plaintiffs' Notice of APPLICATION and Application to File Confidential Documents to the Declaration of Jeff Bass and Exhibit 1 to the Declaration of Jeff Bass in support of Plaintiffs' Brief objecting to the subpoena of Mark Bass #437 (mg)
February 17, 2009 Opinion or Order Filing 462 ORDER GRANTING PLAINTIFF'S NOTICE OF APPLICATION AND APPLICATION TO FILE CONFIDENTIAL DOCUMENTS TO THE DECLARATION OF RICHARD S. BUSCH IN SUPPORT OF PLAINTIFFS' STATEMENT IN SUPPORT OF PLAINTIFFS' SUPPLEMENTAL PROPOSED DISPUTED JURY INSTRUCTION #438 by Judge Philip S. Gutierrez: Having received and reviewed plaintiffs' Application to File Confidential Documents Under Seal, and good cause appearing thereto, IT IS HEREBY ORDERED THAT: The following documents shall be filed and maintained under seal until further Order of the Court: 1. Exhibit 1 to the Declaration of Richard S. Busch in Support of Plaintiffs' Statement in Support of Plaintiffs' Supplemental Proposed Jury Instruction. IT IS HEREBY ORDERED that plaintiffs' Application to File Confidential Documents Under Seal is granted in its entirety. (bm)
February 17, 2009 Filing 461 SEALED DOCUMENT- Exhibit 1 to the Declaration of Richard S. Busch. (mat)
February 17, 2009 Filing 460 SEALED DOCUMENT- Declaration of Jeffery Bass in Support of Plaintiffs' Brief Objecting to the Subpoena of Mark Bass. (mat)
February 17, 2009 Filing 453 TRIAL BRIEF re Plainitffs' Memorandum of Points of Authorities Concerning Estimated Examinations filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC.. (Attachments: #1 Appendix Case Law: Maxwell v. Angel-Etts of California)(Busch, Richard)
February 17, 2009 Opinion or Order Filing 452 ORDER GRANTING DEFENDANTS' MOTION IN LIMINE NO. 8 by Judge Philip S. Gutierrez, re MOTION IN LIMINE (#8) #395 : Before this Court is Defendants' Motion In Limine No. 8. The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local R. 7-15. Accordingly, the hearing set for February 20, 2009 on the present motion is removed from the Court's calendar. After considering the moving and opposing papers, the Court GRANTS Defendants Motion In Limine No. 8. (bm)
February 17, 2009 Filing 449 NOTICE OF ERRATA filed by Interested Party Apple Inc.. correcting Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) #442 Notice of Errata for Declaration of Colin B. Vandell in Support of Non-Party Apple Inc.'s Ex Parte Application: (1) to Intervene for a Limited Purpose; and (2) for an Order Sealing Confidential Exhibits and Deposition Testimony (Attachments: #1 Exhibit A, #2 Proof of Service)(Schecter, Daniel)
February 17, 2009 Filing 448 Plaintiffs' Corrected Index of Portions of Depositions Offered filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC (Busch, Richard)
February 17, 2009 Filing 447 NOTICE OF ERRATA filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. correcting Miscellaneous Document #446 (Busch, Richard)
February 13, 2009 Filing 457 APPLICATION OF NON-PARTY APPEAL INC. TO FILE UNDER SEAL PURSUANT TO PROTECTIVE ORDER. LODGED PROPOSED ORDER. (ab)
February 13, 2009 Filing 455 MINUTES OF Telephonic Conference held before Judge Philip S. Gutierrez: Hearing held. Counsel update the Court regarding the status of their settlement negotiations, and inform the Court that a settlement conference is now set for Thursday, February 19, 2009 with an agreed upon mediator. The Court orders counsel to submit the following documents: Plaintiff's Memorandum Re: Time Limits due: February 17, 2009 by 5pm. Defendant's Response to Plaintiff's Memorandum due: February 19, 2009 before Noon. It is further ordered, that the trial currently set for Tuesday, February 17, 2009 be continued to Friday, February 20, 2009 at 9am. Court Reporter: Miriam Baird. (bm)
February 13, 2009 Filing 446 Plaintiffs' Index of Portions of Depositions Offered filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC (Busch, Richard)
February 13, 2009 Filing 444 NOTICE OF LODGING filed Dep Transcripts re Notice (Other) #440 (Busch, Richard)
February 13, 2009 Filing 443 MINUTES OF Telephonic Conference held before Judge Philip S. Gutierrez: Hearing held. Counsel update the Court regarding the status of their settlementnegotiations, and inform the Court that a settlement conference is now set for Thursday,February 19, 2009 with an agreed upon mediator.The Court orders counsel to submit the following documents: Plaintiff's Memorandum Re: Time Limits due: February 17, 2009 by 5pm; Defendant's Response to Plaintiff's Memorandum due: February 19, 2009 before Noon; New copy of Amended Joint Witness List due: February 20, 2009. It is further ordered, that the trial currently set for Tuesday, February 17, 2009 be continued to Friday, February 20, 2009 at 9am. Court Reporter: Miriam Baird. (bm)
February 13, 2009 Filing 442 NOTICE of Manual Filing filed by Interested Party Apple Inc. of Non-Party Apple Inc.'s Unopposed Ex Parte Application: (1) to Intervene for a Limited Purpose; and (2) for an Order Sealing Confidential Exhibits and Deposition Testimony; Memorandum of Points and Authorities in Support Thereof; [Proposed] Order Granting Non-Party Apple Inc.'s Unopposed Application: (1) to Intervene for a Limited Purpose; and (2) for an Order Excluding and Sealing Confidential Exhibits and Deposition Testimony; Application of Non-Party Apple Inc. to File Under Seal Pursuant to Protective Order; [Proposed] Order Granting Non-Party Apple Inc.'s Application to File Under Seal Pursuant to Protective Order; Declaration of Matt Railo in Support of Non-Party Apple Inc.'s Ex Parte Application: (1) to Intervene for a Limited Purpose; and (2) for an Order Excluding and Sealing Confidential Exhibits and Deposition Testimony; Declaration of Colin B. Vandell in Support of Non-Party Apple Inc.'s Ex Parte Application: (1) to Intervene for a Limited Purpose; and (2) for an Order Excluding and Sealing Confidential Exhibits and Deposition Testimony. (Schecter, Daniel)
February 13, 2009 Filing 441 Defendants' Index of Portions of Depositions Offered filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. (Encinas, Kimberly)
February 13, 2009 Filing 440 NOTICE of Lodging of Deposition Transcripts filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Encinas, Kimberly)
February 12, 2009 Filing 439 REPLY in Support of MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminate Hearings,,,,,, #404 MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminate Hearings,,,,,, #404 #407 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
February 11, 2009 Opinion or Order Filing 521 ORDER GRANTING DEFENDANTS' APPLICATION TO FILE UNDER SEAL PURSUANT TO PROTECTIVE ORDER by Judge Philip S. Gutierrez, re APPLICATION to Seal #436 : PLEASE TAKE NOTICE that Defendants' Application to file the following Confidential and/or Confidential-Attorney's Eyes Only material under seal has been GRANTED. Pursuant to Docket No. 123, the Modified Protective Order entered on September 16, 2008 in this matter, the following exhibits shall hereby be filed under seal: (1) Exhibits E, F, and G to the Declaration of Melinda E. LeMoine in Support of Defendants' Motion to Compel the Attendance at Trial of Plaintiff-In-Interest, Mark Bass. (bm)
February 11, 2009 Filing 451 SEALED DOCUMENT- Exhibit 4 to the Declaration of Richard S. Busch in Support of Plaintiffs' Motion for Clarification or In The Alternative for Reconsideration concerning defendants' Motion in Limine No. 5. (mat)
February 11, 2009 Filing 450 SEALED DOCUMENT- Exhibit 3 to the Declaration of Richard S. Busch in Support of Plaintiffs' Motion for Clarification or In The Alternative for Reconsideration concerning defendants' Motion in Limine No. 5. (mat)
February 11, 2009 Opinion or Order Filing 445 ORDER GRANTING PLAINTIFF'S NOTICE OF APPLICATION AND APPLICATION TO FILE CONFIDENTIAL DOCUMENTS TO THE DECLARATION OF RICHARD S. BUSCH IN SUPPORT OF PLAINTIFF'S MOTION FOR CLARIFICATION OR IN THE ALTERNATIVE FOR RECONSIDERATION CONCERNING DEFENDANTS' MOTION IN LIMINE NO. 5 #435 by Judge Philip S. Gutierrez: Having received and reviewed plaintiff's Application to File Confidential Documents Under Seal, and good cause appearing thereto, IT IS HEREBY ORDERED THAT: The following documents shall be filed and maintained under seal until further Order of the Court: 1. Exhibits 3 and 4 to the Declaration of Richard S. Busch in Support of Plaintiff's Motion For Clarification or In The Alternative For Reconsideration Concerning Defendants' Motion in Limine No. 5. IT IS HEREBY ORDERED that plaintiffs' Application to File Confidential Documents Under Seal is granted in its entirety. (bm)
February 11, 2009 Filing 438 NOTICE OF APPLICATION AND APPLICATION to File Confidential documents to the Declaration of Richard S Busch in support of Plaintiffs' Statement in support of Plaintiffs' Supplemental Proposed Disputed Jury Instruction filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Lodged Proposed Order. (ir)
February 11, 2009 Filing 437 NOTICE OF APPLICATION AND APPLICATION to File Confidential documents to the Declaration of Jeff Bass and Exhibit 1 to the Declaration of Jeff Bass in support of Plaintiffs' Brief objecting to the subpoena of Mark Bass filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Lodged Proposed Order. (ir)
February 11, 2009 Filing 436 DEFENDANT'S APPLICATION TO FILE UNDER SEAL PURSUANT TO PROTECTIVE ORDER filed by defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. Lodged proposed order. (bm)
February 11, 2009 Filing 434 DECLARATION of Glenn D. Pomerantz Opposition MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminate Hearings,,,,,, #404 MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminate Hearings,,,,,, #404 #407 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Encinas, Kimberly)
February 11, 2009 Filing 433 MEMORANDUM in Opposition to MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminate Hearings,,,,,, #404 MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminate Hearings,,,,,, #404 #407 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Encinas, Kimberly)
February 11, 2009 Filing 432 Notice of Withdrawal of Notice of Manual Filing (G-92) #426 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
February 11, 2009 Filing 431 Corrected NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Exhibit 1 to the Declaration of Richard S. Busch in Support of Plaintiffs' Reply Brief in Support of Plaintiffs' Emergency Motion in Limine 6; Application to file under seal; and Proposed Order. (Busch, Richard)
February 11, 2009 Filing 430 AMENDED JOINT Exhibit List filed by Plaintiffs and Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc., F.B. T. Productions, LLC, Em2M, LLC.. (Attachments: #1 Exhibit A - Exhibit List)(Busch, Richard)
February 11, 2009 Filing 429 REPLY in support of MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case #373 , Corrected filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
February 11, 2009 Filing 428 NOTICE Notice of Errata filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
February 11, 2009 Filing 427 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Declaration of Jeff Bass, Exhibit 1 to Declaration of Jeff Bass, Application to File Under Seal, Proposed Order. (Busch, Richard)
February 11, 2009 Filing 426 SEALED DOCUMENT NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Application to File Under Seal, Ex. 1 to Application, Proposed Order File Under Seal, Ex. 1 to Decl Richard S. Busch (Doc No 423). (Busch, Richard) Modified on 2/13/2009 (bm).
February 11, 2009 Filing 425 DECLARATION of Jeff Bass in support of MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case #373 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
February 11, 2009 Filing 424 DECLARATION of Gary Cohen in support of MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case #373 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
February 10, 2009 Filing 435 NOTICE OF APPLICATION AND APPLICATION to File Confidential documents to the Declaration of Richard S Busch in support of Plaintiff's motion for Clarification or in the alternative for Reconsideration concerning Defendants' Motion in limine No 5 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Lodged Proposed Order. (ir)
February 10, 2009 Filing 423 DECLARATION of Richard S. Busch in support of MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case #373 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Cohen Depo)(Busch, Richard)
February 10, 2009 Filing 422 REPLY in support of a motion MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case #373 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
February 10, 2009 Filing 421 DECLARATION of Melinda E. LeMoine re Memorandum in Support of Motion, #418 to Compel the Attendance at Trial of Plaintiff in Interest Mark Bass filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (SEAL), #6 Exhibit F (SEAL), #7 Exhibit G (SEAL), #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Lemoine, Melinda)
February 10, 2009 Filing 420 DECLARATION of Richard S. Busch re Memorandum of Points and Authorities in Opposition (non-motion) #419 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 - Mark Bass Deposition Pages)(Busch, Richard)
February 10, 2009 Filing 419 MEMORANDUM of Points and Authorities in Opposition Re: Pretrial Conference - Final, Set Deadlines/Hearings,,,,,,,, #384 (Attachments: #1 Supplement Att 1 Case Law)(Busch, Richard)
February 10, 2009 Filing 418 MEMORANDUM in Support and Motion to Compel the Attendance at Trial of Plaintiff-in-Interest Mark Bass filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order Granting Defendants' Motion to Compel the Attendance at Trial of Plaintiff-in-Interest Mark Bass)(Lemoine, Melinda)
February 10, 2009 Filing 417 DECLARATION of Richard S. Busch in opposition to MOTION IN LIMINE (#8) to Exclude Evidence Regarding Discovery Issues MOTION IN LIMINE (#8) to Exclude Evidence Regarding Discovery Issues #395 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 - Plaintiffs' 1st Set of Int, #2 Exhibit 2 - Aftermath's Resp to 1st Int, #3 Exhibit 3 - Plaintiffs' 4th Set Int., #4 Exhibit 4 - Plaintiffs 1st Request for Documents)(Busch, Richard)
February 10, 2009 Filing 416 OPPOSITION to MOTION IN LIMINE (#8) to Exclude Evidence Regarding Discovery Issues MOTION IN LIMINE (#8) to Exclude Evidence Regarding Discovery Issues #395 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Supplement Att 1 Case Law, #2 Supplement Att 2 Case Law, #3 Supplement Att 3 Case Law, #4 Supplement Att 4 Case Law, #5 Supplement Att 5 Case Law)(Busch, Richard)
February 10, 2009 Filing 415 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Application to File Under Seal, Ex. 1 to Application, Proposed Order to File Under Seal, Ex. 1 to Declaration of Richard S. Busch (Doc No. 414). (Busch, Richard)
February 10, 2009 Filing 414 DECLARATION of Richard S. Busch re Memorandum of Points and Authorities in Support (non-motion) #413 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Hoffman Deposition, #3 Exhibit 3 - Berman Depositoin, #4 Exhibit 4 - Martin Deposition, #5 Exhibit 5 - Levinsohn Deposition)(Busch, Richard)
February 10, 2009 Filing 413 MEMORANDUM of Points and Authorities in Support filed by Plaintiff F.B. T. Productions, LLC, Em2M, LLC. Re: Jury Instructions (Proposed) #378 (Busch, Richard)
February 10, 2009 Filing 412 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Sealed Exhibits E, F and G to the Declaration of Melinda E. LeMoine in Support of Defendants' Motion to Compel the Attendance at Trial of Plaintiff-In-Interest, Mark Bass; Notice of Application to File Under Seal; Proposed Order to File Under Seal. (Pomerantz, Glenn)
February 9, 2009 Filing 409 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Application to File Under Seal, Protective Order, Proposed Order to File Under Seal, Exhibits 3 and 4 to the Declaration of Richard S. Busch. (Busch, Richard)
February 9, 2009 Filing 408 DECLARATION of Richard S. Busch in support of MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminate Hearings,,,,,, #404 MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminate Hearings,,,,,, #404 #407 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 - Emails between Counsel, #2 Exhibit 2 Doc. No. 284 Joel Martin Declaration, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 Filed Under Seal)(Busch, Richard)
February 9, 2009 Filing 407 NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Terminate Hearings,,,,,, #404 filed by plaintiff F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 2/17/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Busch, Richard)
February 8, 2009 Filing 405 MEMORANDUM in Opposition to Request to Strike, Request for Relief,, #402 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
February 6, 2009 Filing 411 MINUTES OF IN CHAMBERS ORDER held before Judge Philip S. Gutierrez Granting Defendants' MOTION IN LIMINE (#1) #225 : Before this Court is Defendants' Motion In Limine No. 1. The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local R. 7-15. Accordingly, the hearing set for February 17, 2009 on the present motion is removed from the Court's calendar. After considering the moving and opposing papers, the Court GRANTS Defendants' Motion In Limine No. 1. (bm)
February 6, 2009 Filing 410 MINUTES OF IN CHAMBERS ORDER held before Judge Philip S. Gutierrez Denying MOTION IN LIMINE (#2) #220 : Before this Court is Defendants' Motion In Limine No. 2. The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local R. 7-15. Accordingly, the hearing set for February 17, 2009 on the present motion is removed from the Court's calendar. After considering the moving and opposing papers, the Court DENIES Defendants' Motion In Limine No. 2. (bm)
February 6, 2009 Filing 402 REQUEST to Strike UNTIMELY FILED Declaration (Motion related), Declaration (Motion related) #398 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Request set for hearing on 2/17/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Lemoine, Melinda)
February 5, 2009 Opinion or Order Filing 406 MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANT'S MOTION IN LIMINE No. 3, #219 by Judge Philip S. Gutierrez. (ca)
February 5, 2009 Filing 404 MINUTES OF IN CHAMBERS ORDER held before Judge Philip S. Gutierrez re Plaintiffs' Motions In Limine Nos. 1, 2, 3 and 4, and Defendants Motions In Limine Nos. 4, 5, 6 and 7 link#221,222,223,224,229,231,235, and MIL #1 filed 1-2-09: Before this Court are Plaintiffs Motions In Limine Nos. 1, 2, 3 and 4, and Defendants' Motions In Limine Nos. 4, 5, 6 and 7. The Court finds these matters appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local R. 7-15. Accordingly, the hearing set for February 17, 2009 on the present motions is removed from the Court's calendar. After considering the moving and opposing papers, the Court GRANTS Plaintiffs' Motion In Limine No. 1. The Court DENIES Plaintiffs' Motions In Limine Nos. 2, 3 and 4. The Court GRANTS Defendants' Motions In Limine Nos. 4, 5, 6 and 7. (bm)
February 5, 2009 Filing 398 DECLARATION of Peter S. Menell in Opposition to MOTION IN LIMINE (#1) to Exclude PUTATIVE EXPERT TESTIMONY OF LAW PROFESSOR PETER S. MENELL MOTION IN LIMINE (#1) to Exclude PUTATIVE EXPERT TESTIMONY OF LAW PROFESSOR PETER S. MENELL #225 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Busch, Richard)
February 4, 2009 Filing 403 Defendant's Application to File Under Seal Pursuant to Protective Order. (mat)
February 4, 2009 Filing 401 SEALED DOCUMENT- Exhibit 5 to Declaration of Melinda E. Lemoine in Support of Defendants' Opposition to Plaintiffs' Supplemental Proposed Disputed Jury Instruction (Filed Under Seal). (mat)
February 4, 2009 Filing 400 SEALED DOCUMENT- Exhibits 3-7, 13, 16 and 17 to Declaration of Melinda E. Lemoine in Opposition to Plaintiffs' Motion in Limine No. 6 (Filed Under seal) (Attachments: Part 2)(mat)
February 4, 2009 Opinion or Order Filing 399 Order Granting Defendant's Application to File Under Seal Pursuant to Protective Order, by Judge Philip S. Gutierrez. (mat)
February 3, 2009 Filing 397 OPPOSITION to MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case #373 [CORRECTED] filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order)(Pomerantz, Glenn)
February 3, 2009 Filing 396 DECLARATION of Melinda E. LeMoine in support of MOTION IN LIMINE (#8) to Exclude Evidence Regarding Discovery Issues MOTION IN LIMINE (#8) to Exclude Evidence Regarding Discovery Issues #395 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Pomerantz, Glenn)
February 3, 2009 Filing 395 NOTICE OF MOTION AND MOTION IN LIMINE (#8) to Exclude Evidence Regarding Discovery Issues filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Motion set for hearing on 2/17/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Pomerantz, Glenn)
February 3, 2009 Filing 394 DECLARATION of Melinda E. LeMoine in Opposition to MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case #373 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Pomerantz, Glenn)
February 3, 2009 Filing 393 DECLARATION of Melinda E. LeMoine re Jury Instructions (Proposed) #391 , Jury Instructions (Proposed) #378 in support of Defendants' Opposition to Plaintiffs' Supplemental Proposed Disputed Jury Instruction filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit 1 - Excerpt of David Berman Dep., #2 Exhibit 2 - Excerpt of Rand Hoffman Dep., #3 Exhibit 3-Excerpt of Joel Martin Dep., #4 Exhibit 4 - Hoffman Decl. ISO Opp'n to Pl's MSJ, #5 Exhibit 5 - (SEAL))(Lemoine, Melinda)
February 3, 2009 Filing 392 REPLY In Opposition MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case #373 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Pomerantz, Glenn)
February 3, 2009 Filing 391 PROPOSED JURY INSTRUCTIONS (OPPOSITION set) filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc... (Lemoine, Melinda)
February 3, 2009 Filing 390 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of (1) Exhibit 5 to the Declaration of Melinda E. LeMoine in Support of Defendants' Opposition to Plaintiffs' Supplemental Proposed Disputed Jury Instruction; (2) Exhibits 3, 4, 5, 6, 7, 13, 16, 17 to Declaration of Melinda E. LeMoine in Support of Defendants' Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion in Limine No. 6; (3) Notice of Application to File Under Seal; and (4) Proposed Order to File Under Seal. (Pomerantz, Glenn)
January 30, 2009 Filing 388 NOTICE OF FILING TRANSCRIPT filed for proceedings 1-26-09 2:30 pm (Baird, Miriam)
January 30, 2009 Filing 387 TRANSCRIPT for proceedings held on 1-26-09 2:30 pm. Court Reporter/Electronic Court Recorder: Miriam V. Baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/20/2009. Redacted Transcript Deadline set for 3/2/2009. Release of Transcript Restriction set for 4/30/2009. (Baird, Miriam)
January 28, 2009 Filing 389 SEALED DOCUMENT- Declaration of Richard S. Busch in Support of Plaintiffs' Emergency Motion in Limine No. 6. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6)(mat)
January 28, 2009 Opinion or Order Filing 386 ORDER by Judge Philip S. Gutierrez GRANTING PLAINTIFFS' NOTICE OF APPLICATION to File Confidential Documents in Support of Plaintiffs' Motion in Limine No. 6 #385 . The following document shall be filed and maintained under seal until further Order of the Court: Exhibits 3, 4, 9, 10, 11, 14, 15, 16, 17, 18 and 19 to the Plaintiffs' Emergency Motion in Limine No. 6 for Estoppel. (mg)
January 27, 2009 Filing 382 REPLY in support of MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN #220 , Request to Strike, Request for Relief #377 CORRECTED filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
January 27, 2009 Filing 378 PROPOSED JURY INSTRUCTIONS (Annotated Supplemental Jury Instruction set) filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC.. (Busch, Richard)
January 26, 2009 Filing 385 PLAINTIFFS' CORRECTED NOTICE OF APPLICATION AND APPLICATION TO file Confidential documents in Support of Plaintiffs' Motion in Limine No 6 Under Seal filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (lra)
January 26, 2009 Opinion or Order Filing 384 MINUTES: FINAL PRETRIAL CONFERENCE; Hearing held and counsel are present. The Court confers with counsel regarding trial estimate. The Court allocates 10 hours to each side. Opening statements are limited to 1 hour each side. The Court also confers with counsel regarding proposed voir dire questions and joint jury instructions. The Court hereby continues the jury trial from 2/3/09 at 9:00 a.m to 2/17/09 at 9:00 a.m. The Court orders counsel to file the following: 2/10/09: Amended joint witness list to be read to the jury; 2/10/09 Amended joint exhibit list; 2/3/09 Opposition to Plaintiffs' motion in limine #6; 2/10/09 Reply to Plaintiffs' motion in limine #6; 2/13/09 Final deposition designation; 2/10/09 Simultaneous briefs regarding Mr. Bass trial testimony; 2/3/09 Defendants' motion in limine #8 regarding discovery objections; 2/10/09 Plaintiffs' opposition to motion in limine #8; 2/3/09 Defendants' opposition to Plaintiffs supplemental jury instructions; 2/10/09 Plaintiffs' reply; The Court grants both parties permission to use the rooms located in the back of the courtroom for trial purposes by Judge Philip S. Gutierrez Court Reporter: Miriam Baird. (ir)
January 26, 2009 Filing 377 REQUEST to Strike Overlength Brief Reply (Motion related), Reply (Motion related) #364 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Request set for hearing on 2/3/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Busch, Richard)
January 26, 2009 Filing 376 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Application to File Under Seal; Proposed Order; Exhibits to Busch Declaration. (Busch, Richard)
January 26, 2009 Filing 375 DECLARATION of Richard S Busch In Support Of MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case #373 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (Under Seal), #4 Exhibit 4 (Under Seal), #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 (Under Seal), #10 Exhibit 10 (Under Seal), #11 Exhibit 11 (Under Seal), #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14 (Under Seal), #15 Exhibit 15 (Under Seal), #16 Exhibit 16 (Under Seal), #17 Exhibit 17 (Under Seal), #18 Exhibit 18 (Under Seal), #19 Exhibit 19 (Under Seal))(Busch, Richard)
January 26, 2009 Filing 374 MEMORANDUM in Support of MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case #373 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Appendix 1 - Case law - Pacific v. General Accident, #2 Appendix 2 - Case law: Apl v. UK Aerosols)(Busch, Richard)
January 26, 2009 Filing 373 NOTICE OF MOTION AND MOTION IN LIMINE (# 6) to Preclude Defendants from Arguing the 8 Mile Soundtrack and Re-Up albums are not subject to the agreements at issue in this case filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 2/3/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Busch, Richard)
January 23, 2009 Filing 372 NOTICE OF CORRECTED FILING OF EXHIBIT 4 TO DECLARATION OF MELINDA LEMOINE IN SUPPORT OF DEFENDANTS' REPLIES TO MOTIONS IN LIMINE 1-7 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit 4 - Corrected Non-Confidential)(Lemoine, Melinda)
January 23, 2009 Filing 371 STATEMENT JOINT STATEMENT OF THE CASE filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc., Plaintiffs F.B. T. Productions, LLC, Em2M, LLC (Attachments: #1 Exhibit A - Plaintiffs' Proposed Statement, #2 Exhibit B - Defendants' Proposed Statement)(Busch, Richard)
January 23, 2009 Filing 370 DECLARATION of Richard S. Busch re Trial Brief, #368 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Busch, Richard)
January 23, 2009 Filing 369 TRIAL BRIEF filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc... (Lemoine, Melinda)
January 23, 2009 Filing 368 TRIAL BRIEF in Response to Defendants' Memorandum of Contentions of Fact and Law [Doc No 241] filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC.. (Attachments: #1 Appendix 1 - Case Law: Kinghorn v. Citibank, #2 Appendix 2 - Case Law: Sierra Foothills v. Clarendon, #3 Appendix 3 - Case Law: Streamcast Networks v. IBIS)(Busch, Richard)
January 22, 2009 Filing 383 SEALED DOCUMENT- Reply in Support of Plaintiffs' Motion in Limine 1.(mat)
January 22, 2009 Opinion or Order Filing 381 ORDER Granting Plaintiffs' Notice of Application and Application #366 to File Confidential Documents in Support of Reply in Support of Plaintiffs' Motion in Limine 1 [L.R. 79-5.1] by Judge Philip S. Gutierrez. (mat)
January 22, 2009 Opinion or Order Filing 367 ORDER by Judge Philip S. Gutierrez, re APPLICATION to Seal #365 : Defendants application to file confidential attorney's eyes only material under seal has been granted. Defendants have requested clarificaton on the Court's interpretation of Local rule 79-5.1. In the Court's view, the parties should continue to apply for under seal treatment each time they seek to file materials under seal, pending further order of this Court. IT IS SO ORDERED. (da)
January 21, 2009 Filing 380 PROOF OF SERVICE OF UNDER-SEAL DOCUMENT filed by defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc., re (1) Reply in Support of Defendants' Motion in Limine No. 4, to Exclude March 24, 2004 Letter to the Major Record Companies (Filed Under Seal); (2) Exhibit 4 to the Declaration of Melinda Lemoine in Support of Defendants' Replies to Motions in Limine Nos. 1-7; (3) Application to File Under Seal; (4) [Proposed] Order Re Defendants' Application to File Under Seal Pursuant to Protective order served on 1/21/09. (bm)
January 21, 2009 Filing 366 APPLICATION to File Under Seal the Reply in Support of Plaintiffs' Motion in Limine One; filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Lodged proposed order. (mg)
January 21, 2009 Filing 365 APPLICATION to File Documents Under Seal Pursuant to Protective Order, filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. Lodged proposed order. (mg)
January 20, 2009 Filing 364 REPLY in support of MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN #220 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
January 20, 2009 Filing 363 REPLY in support of MOTION IN LIMINE (#6) to Exclude EVIDENCE WHEREIN PARTIES UNCONNECTED TO THE EMINEM RECORDING AGREEMENTS USED THE WORD "LICENSE" MOTION IN LIMINE (#6) to Exclude EVIDENCE WHEREIN PARTIES UNCONNECTED TO THE EMINEM RECORDING AGREEMENTS USED THE WORD "LICENSE" #223 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
January 20, 2009 Filing 362 REPLY in support of MOTION IN LIMINE (#5) to Preclude JOEL MARTIN AND MARK LEVINSOHN FROM TESTIFYING ABOUT INTENT OF PARTIES OR MEANING OF TERMS OF RECORDING AGREEMENTS AT ISSUE MOTION IN LIMINE (#5) to Preclude JOEL MARTIN AND MARK LEVINSOHN FROM TESTIFYING ABOUT INTENT OF PARTIES OR MEANING OF TERMS OF RECORDING AGREEMENTS AT ISSUE #222 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
January 20, 2009 Filing 361 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Unredacted Reply to Motion in Limine Number 4; Exhibit 4 to LeMoine Decl. iso Replies to Motions in Limine 1-7. (Lemoine, Melinda)
January 20, 2009 Filing 360 DECLARATION of Melinda E. LeMoine in support of MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN #220 , MOTION IN LIMINE (#5) to Preclude JOEL MARTIN AND MARK LEVINSOHN FROM TESTIFYING ABOUT INTENT OF PARTIES OR MEANING OF TERMS OF RECORDING AGREEMENTS AT ISSUE MOTION IN LIMINE (#5) to Preclude JOEL MARTIN AND MARK LEVINSOHN FROM TESTIFYING ABOUT INTENT OF PARTIES OR MEANING OF TERMS OF RECORDING AGREEMENTS AT ISSUE #222 , MOTION IN LIMINE (#1) to Exclude PUTATIVE EXPERT TESTIMONY OF LAW PROFESSOR PETER S. MENELL MOTION IN LIMINE (#1) to Exclude PUTATIVE EXPERT TESTIMONY OF LAW PROFESSOR PETER S. MENELL #225 , MOTION IN LIMINE (#6) to Exclude EVIDENCE WHEREIN PARTIES UNCONNECTED TO THE EMINEM RECORDING AGREEMENTS USED THE WORD "LICENSE" MOTION IN LIMINE (#6) to Exclude EVIDENCE WHEREIN PARTIES UNCONNECTED TO THE EMINEM RECORDING AGREEMENTS USED THE WORD "LICENSE" #223 , MOTION IN LIMINE (#7) to Exclude REFERENCE TO ALLEGED STATEMENTS IN THE EIGHT MILE STYLE ACTION RE DEFENDANTS' "LICENSING" RIGHTS IN MUSICAL COMPOSITIONS TO APPLE MOTION IN LIMINE (#7) to Exclude REFERENCE TO ALLEGED STATEMENTS IN THE EIGHT MILE STYLE ACTION RE DEFENDANTS' "LICENSING" RIGHTS IN MUSICAL COMPOSITIONS TO APPLE #224 , MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN #219 , MOTION IN LIMINE (#4) to Exclude MARCH 24, 2004 LETTER TO THE MAJOR RECORD COMPANIES MOTION IN LIMINE (#4) to Exclude MARCH 24, 2004 LETTER TO THE MAJOR RECORD COMPANIES #221 (Replies Thereto) filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Lemoine, Melinda)
January 20, 2009 Filing 359 REPLY in support of MOTION IN LIMINE (#4) to Exclude MARCH 24, 2004 LETTER TO THE MAJOR RECORD COMPANIES MOTION IN LIMINE (#4) to Exclude MARCH 24, 2004 LETTER TO THE MAJOR RECORD COMPANIES #221 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
January 20, 2009 Filing 358 REPLY in support of MOTION IN LIMINE (#7) to Exclude REFERENCE TO ALLEGED STATEMENTS IN THE EIGHT MILE STYLE ACTION RE DEFENDANTS' "LICENSING" RIGHTS IN MUSICAL COMPOSITIONS TO APPLE MOTION IN LIMINE (#7) to Exclude REFERENCE TO ALLEGED STATEMENTS IN THE EIGHT MILE STYLE ACTION RE DEFENDANTS' "LICENSING" RIGHTS IN MUSICAL COMPOSITIONS TO APPLE #224 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
January 20, 2009 Filing 357 REPLY in support of MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN #219 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
January 20, 2009 Filing 356 REPLY in support of MOTION IN LIMINE (#1) to Exclude PUTATIVE EXPERT TESTIMONY OF LAW PROFESSOR PETER S. MENELL MOTION IN LIMINE (#1) to Exclude PUTATIVE EXPERT TESTIMONY OF LAW PROFESSOR PETER S. MENELL #225 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
January 20, 2009 Filing 355 DECLARATION of Richard S. Busch In Support Of MOTION IN LIMINE (2) to Exclude evidence of royalty rates for other artists MOTION IN LIMINE (2) to Exclude evidence of royalty rates for other artists #229 , MOTION IN LIMINE for Evidence #294 , MOTION IN LIMINE (#5) to Exclude Testimony from Charles Ciongoli and Steve Berman MOTION IN LIMINE (#5) to Exclude Testimony from Charles Ciongoli and Steve Berman #236 , MOTION IN LIMINE (3) to Exclude certain documents produced by plaintiffs MOTION IN LIMINE (3) to Exclude certain documents produced by plaintiffs #231 , MOTION IN LIMINE (4) to Exclude improper evidence and argument relating to luck or good fortune MOTION IN LIMINE (4) to Exclude improper evidence and argument relating to luck or good fortune #234 Busch Declaration in Support of Plaintiffs' Motions in Limine 1 through 5 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Busch, Richard)
January 20, 2009 Filing 354 REPLY in Support MOTION IN LIMINE (#5) to Exclude Testimony from Charles Ciongoli and Steve Berman MOTION IN LIMINE (#5) to Exclude Testimony from Charles Ciongoli and Steve Berman #236 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Appendix 1 - Case Law: NY Life Ins. Co. v. Morales, #2 Appendix 2 - Case Law: Sarantis v. ADP, Inc.)(Busch, Richard)
January 20, 2009 Filing 353 REPLY in Support MOTION IN LIMINE (4) to Exclude improper evidence and argument relating to luck or good fortune MOTION IN LIMINE (4) to Exclude improper evidence and argument relating to luck or good fortune #234 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
January 20, 2009 Filing 352 REPLY in Support MOTION IN LIMINE (3) to Exclude certain documents produced by plaintiffs MOTION IN LIMINE (3) to Exclude certain documents produced by plaintiffs #231 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
January 20, 2009 Filing 351 REPLY in Support MOTION IN LIMINE (2) to Exclude evidence of royalty rates for other artists MOTION IN LIMINE (2) to Exclude evidence of royalty rates for other artists #229 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Appendix 1 - Arrison)(Busch, Richard)
January 20, 2009 Filing 350 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Application to File Under Seal; Proposed Order File Under Seal; Reply in Support of Plaintiffs' Motion in Limine. (Busch, Richard)
January 20, 2009 Filing 349 MINUTES OF IN CHAMBERS ORDER held before Judge Philip S. Gutierrez: Before the Court are Plaintiffs' Motion for Summary Judgment and Defendants' Motion for Partial Summary Judgment #257 , #170 , #175 . The Court finds the matters appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local R. 7-15. After considering the moving and opposing papers, the Court hereby DENIES the motions. Please see order for further details. (wm)
January 16, 2009 Filing 348 PROPOSED JURY INSTRUCTIONS filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc... (Lemoine, Melinda)
January 16, 2009 Filing 347 PROPOSED JURY INSTRUCTIONS filed by (Joint) Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc., F.B. T. Productions, LLC, Em2M, LLC.. (Lemoine, Melinda)
January 16, 2009 Filing 346 PROPOSED JURY INSTRUCTIONS filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC.. (Busch, Richard)
January 16, 2009 Filing 345 REPLY In Support Of Defendants' Rule 56(F) Motion to Deny and/or Continue Plaintiffs' Motion for Summary Judgment filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Declaration of Glenn D. Pomerantz, #2 Exhibit A)(Klaus, Kelly)
January 16, 2009 Filing 344 REPLY In Support of Defendants' Rule 56(F) Motion to Deny and/Or Continue Plaintiffs' Motion for Summary Judgment filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Klaus, Kelly)
January 14, 2009 Filing 338 MEMORANDUM in Opposition to MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN #219 [CORRECTED MEMORANDUM] filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
January 14, 2009 Filing 337 NOTICE OF ERRATA filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. correcting Response in Opposition to Motion, #317 (Busch, Richard)
January 13, 2009 Opinion or Order Filing 343 ORDER by Judge Philip S. Gutierrez GRANTING APPLICATION to File Confidential Documents to the Declaration of Richard S. Busch in Opposition to Defendants' Motions In Limine Nos. 1-7 (doc 326) #339 . IT IS HEREBY ORDERED THAT: The following defendants shall be filed and maintained under seal: Exibits 5, 16, 18 to the Declaration of Richard S. Busch in opposition to Defendants' Motions In Limine Nos. 1-7. The application is granted in its entirety. (mg)
January 13, 2009 Filing 342 SEALED DOCUMENT- Exhibit 18 to the Declaration of Richard S. Busch in Opposition to Defendants' Motions in Limine Nos. 1-7 (Doc. No. 326) (mat)
January 13, 2009 Filing 341 SEALED DOCUMENT- Exhibit 16 to the Declaration of Richard S. Busch in Opposition to Defendants' Motions in Limine Nos. 1-7 (Doc. No 326) (mat)
January 13, 2009 Filing 340 SEALED DOCUMENT- Exhibit 5 to the Declaration of Richard S. Busch in Opposition to Defendants' Motion in Limine Nos. 1-7 (Doc. No. 326) (mat)
January 12, 2009 Filing 339 PLAINTIFF'S NOTICE OF APPLICATION AND APPLICATION to File Confidential Documents to the Declaration of Richard S. Busch in Opposition to Defendants' Motions In Limine Nos. 1-7 (doc 326); filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Lodged proposed order. (mg)
January 12, 2009 Filing 336 PROOF OF SERVICE OF Under Seal Documents filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc., re MEMORANDUM in Opposition to Motion #331 , Declaration #332 , Exhibit to Motion #333 , Exhibit to Motion #334 , Exhibit to Motion #335 ; served on 1/12/09. (mg)
January 12, 2009 Filing 335 SEALED DOCUMENT- Exhibit 6 to Declaration of Glenn D. Pomerantz in Support of Defendants' Opposition to Plaintiffs' Motions in Limine No.'s Two to Five. (mat)
January 12, 2009 Filing 334 SEALED DOCUMENT- Exhibit 5 to the Declaration of Glenn D. Pomerantz in Support of Defendants' Opposition to Plaintiffs' Motions in Limine No.'s Two to Five. (mat)
January 12, 2009 Filing 333 SEALED DOCUMENT- Exhibit 4 to Declaration of Glenn D. Pomerantz in Support of Defendant's Opposition to Plaintiffs' Motions in Limine No.'s Two to Five. (mat)
January 12, 2009 Filing 332 SEALED DOCUMENT- Declaration of Glenn D. Pomerantz in Support of Defendants' Opposition to Plaintiffs' Motion in Limine One. (mat)
January 12, 2009 Filing 331 SEALED DOCUMENT- Defendants' Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion in Limine One. (mat)
January 12, 2009 Filing 330 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: MEMORANDUM in Opposition to Motion #310 . Docket entry text does not match caption text of attached document, which indicates Motion in Limine One. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm)
January 10, 2009 Filing 329 OPPOSITION to MOTION IN LIMINE (#7) to Exclude REFERENCE TO ALLEGED STATEMENTS IN THE EIGHT MILE STYLE ACTION RE DEFENDANTS' "LICENSING" RIGHTS IN MUSICAL COMPOSITIONS TO APPLE MOTION IN LIMINE (#7) to Exclude REFERENCE TO ALLEGED STATEMENTS IN THE EIGHT MILE STYLE ACTION RE DEFENDANTS' "LICENSING" RIGHTS IN MUSICAL COMPOSITIONS TO APPLE #224 [CORRECTED OPPOSITION TO MOTION IN LIMINE NO 7] filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order Proposed Order Denying Motion in Limine #7)(Busch, Richard)
January 10, 2009 Filing 328 NOTICE OF ERRATA filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. correcting Response in Opposition to Motion,, #319 (Busch, Richard)
January 10, 2009 Filing 327 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Application to file under seal, proposed order, and sealed exhibits to Declaration of Richard S. Busch. (Busch, Richard)
January 10, 2009 Filing 326 DECLARATION of Richard S. Busch in opposition to MOTION IN LIMINE (#6) to Exclude EVIDENCE WHEREIN PARTIES UNCONNECTED TO THE EMINEM RECORDING AGREEMENTS USED THE WORD "LICENSE" MOTION IN LIMINE (#6) to Exclude EVIDENCE WHEREIN PARTIES UNCONNECTED TO THE EMINEM RECORDING AGREEMENTS USED THE WORD "LICENSE" #223 , MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN #220 , MOTION IN LIMINE (#5) to Preclude JOEL MARTIN AND MARK LEVINSOHN FROM TESTIFYING ABOUT INTENT OF PARTIES OR MEANING OF TERMS OF RECORDING AGREEMENTS AT ISSUE MOTION IN LIMINE (#5) to Preclude JOEL MARTIN AND MARK LEVINSOHN FROM TESTIFYING ABOUT INTENT OF PARTIES OR MEANING OF TERMS OF RECORDING AGREEMENTS AT ISSUE #222 , MOTION IN LIMINE (#1) to Exclude PUTATIVE EXPERT TESTIMONY OF LAW PROFESSOR PETER S. MENELL MOTION IN LIMINE (#1) to Exclude PUTATIVE EXPERT TESTIMONY OF LAW PROFESSOR PETER S. MENELL #225 , MOTION IN LIMINE (#7) to Exclude REFERENCE TO ALLEGED STATEMENTS IN THE EIGHT MILE STYLE ACTION RE DEFENDANTS' "LICENSING" RIGHTS IN MUSICAL COMPOSITIONS TO APPLE MOTION IN LIMINE (#7) to Exclude REFERENCE TO ALLEGED STATEMENTS IN THE EIGHT MILE STYLE ACTION RE DEFENDANTS' "LICENSING" RIGHTS IN MUSICAL COMPOSITIONS TO APPLE #224 , MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN #219 , MOTION IN LIMINE (#4) to Exclude MARCH 24, 2004 LETTER TO THE MAJOR RECORD COMPANIES MOTION IN LIMINE (#4) to Exclude MARCH 24, 2004 LETTER TO THE MAJOR RECORD COMPANIES #221 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 Filed Under Seal, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16 Filed Under Seal, #17 Exhibit 17, #18 Exhibit 18 Filed Under Seal, #19 Exhibit 19 - Part 1, #20 Exhibit 19 Part 2, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26)(Busch, Richard)
January 9, 2009 Filing 325 DECLARATION of Gary Cohen in opposition to MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN #219 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 - Audit Report, #2 Exhibit 2 - Expert Report)(Busch, Richard)
January 9, 2009 Filing 324 DECLARATION of Mark Levinsohn in opposition to MOTION IN LIMINE (#5) to Preclude JOEL MARTIN AND MARK LEVINSOHN FROM TESTIFYING ABOUT INTENT OF PARTIES OR MEANING OF TERMS OF RECORDING AGREEMENTS AT ISSUE MOTION IN LIMINE (#5) to Preclude JOEL MARTIN AND MARK LEVINSOHN FROM TESTIFYING ABOUT INTENT OF PARTIES OR MEANING OF TERMS OF RECORDING AGREEMENTS AT ISSUE #222 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
January 9, 2009 Filing 323 OPPOSITION to MOTION IN LIMINE (#5) to Preclude JOEL MARTIN AND MARK LEVINSOHN FROM TESTIFYING ABOUT INTENT OF PARTIES OR MEANING OF TERMS OF RECORDING AGREEMENTS AT ISSUE MOTION IN LIMINE (#5) to Preclude JOEL MARTIN AND MARK LEVINSOHN FROM TESTIFYING ABOUT INTENT OF PARTIES OR MEANING OF TERMS OF RECORDING AGREEMENTS AT ISSUE #222 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order Proposed Order)(Busch, Richard)
January 9, 2009 Filing 322 DECLARATION of David Berman In opposition to MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN #220 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Busch, Richard)
January 9, 2009 Filing 321 OPPOSITION to MOTION IN LIMINE (#6) to Exclude EVIDENCE WHEREIN PARTIES UNCONNECTED TO THE EMINEM RECORDING AGREEMENTS USED THE WORD "LICENSE" MOTION IN LIMINE (#6) to Exclude EVIDENCE WHEREIN PARTIES UNCONNECTED TO THE EMINEM RECORDING AGREEMENTS USED THE WORD "LICENSE" #223 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order Proposed Order)(Busch, Richard)
January 9, 2009 Filing 320 OPPOSITION to MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN #220 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order Proposed Order)(Busch, Richard)
January 9, 2009 Filing 319 OPPOSITION to MOTION IN LIMINE (#7) to Exclude REFERENCE TO ALLEGED STATEMENTS IN THE EIGHT MILE STYLE ACTION RE DEFENDANTS' "LICENSING" RIGHTS IN MUSICAL COMPOSITIONS TO APPLE MOTION IN LIMINE (#7) to Exclude REFERENCE TO ALLEGED STATEMENTS IN THE EIGHT MILE STYLE ACTION RE DEFENDANTS' "LICENSING" RIGHTS IN MUSICAL COMPOSITIONS TO APPLE #224 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order Proposed Order)(Busch, Richard)
January 9, 2009 Filing 318 OPPOSITION to MOTION IN LIMINE (#4) to Exclude MARCH 24, 2004 LETTER TO THE MAJOR RECORD COMPANIES MOTION IN LIMINE (#4) to Exclude MARCH 24, 2004 LETTER TO THE MAJOR RECORD COMPANIES #221 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order Proposed Order)(Busch, Richard)
January 9, 2009 Filing 317 OPPOSITION to MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN #219 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order Proposed Order Denying Motion in Limine #3)(Busch, Richard)
January 9, 2009 Filing 316 OPPOSITION to MOTION IN LIMINE (#1) to Exclude PUTATIVE EXPERT TESTIMONY OF LAW PROFESSOR PETER S. MENELL MOTION IN LIMINE (#1) to Exclude PUTATIVE EXPERT TESTIMONY OF LAW PROFESSOR PETER S. MENELL #225 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Supplement Att 1 - Case Law, #2 Proposed Order)(Busch, Richard)
January 9, 2009 Filing 315 DECLARATION of Glenn D. Pomerantz In Opposition to Plaintiffs' Motions in Limine Nos. 2 to 5 MOTION IN LIMINE (#5) to Exclude Testimony from Charles Ciongoli and Steve Berman MOTION IN LIMINE (#5) to Exclude Testimony from Charles Ciongoli and Steve Berman #236 , MOTION IN LIMINE (3) to Exclude certain documents produced by plaintiffs MOTION IN LIMINE (3) to Exclude certain documents produced by plaintiffs #231 , MOTION IN LIMINE (4) to Exclude improper evidence and argument relating to luck or good fortune MOTION IN LIMINE (4) to Exclude improper evidence and argument relating to luck or good fortune #234 , MOTION IN LIMINE (2) to Exclude evidence of royalty rates for other artists MOTION IN LIMINE (2) to Exclude evidence of royalty rates for other artists #229 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit One, #2 Exhibit Two, #3 Exhibit Three, #4 Exhibit Four, #5 Exhibit Five, #6 Exhibit Six, #7 Exhibit Seven, #8 Exhibit Eight, #9 Exhibit Nine, #10 Exhibit Ten, #11 Exhibit Eleven)(Pomerantz, Glenn)
January 9, 2009 Filing 314 MEMORANDUM in Opposition to MOTION IN LIMINE (#5) to Exclude Testimony from Charles Ciongoli and Steve Berman MOTION IN LIMINE (#5) to Exclude Testimony from Charles Ciongoli and Steve Berman #236 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order Denying Plaintiffs' Motion in Limine No. Five)(Pomerantz, Glenn)
January 9, 2009 Filing 313 MEMORANDUM in Opposition to MOTION IN LIMINE (4) to Exclude improper evidence and argument relating to luck or good fortune MOTION IN LIMINE (4) to Exclude improper evidence and argument relating to luck or good fortune #234 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order Denying Plaintiffs' Motion in Limine No. Four)(Pomerantz, Glenn)
January 9, 2009 Filing 312 MEMORANDUM in Opposition to MOTION IN LIMINE (3) to Exclude certain documents produced by plaintiffs MOTION IN LIMINE (3) to Exclude certain documents produced by plaintiffs #231 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order Denying Plaintiffs' Motion in Limine No. Three)(Pomerantz, Glenn)
January 9, 2009 Filing 311 MEMORANDUM in Opposition to MOTION IN LIMINE (2) to Exclude evidence of royalty rates for other artists MOTION IN LIMINE (2) to Exclude evidence of royalty rates for other artists #229 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order Denying Plaintiffs' Motion in Limine No. Two)(Pomerantz, Glenn)
January 9, 2009 Filing 310 MEMORANDUM in Opposition to MOTION IN LIMINE for Evidence #294 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order Denying Plaintiffs' Motion in Limine No. One)(Pomerantz, Glenn)
January 9, 2009 Filing 309 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibits 4, 5 and 6 to the Declaration of Glenn D. Pomerantz in Opposition to Plaintiffs' Motions in Limine Nos. 2-5; Defendants' Application to File Under Seal Pursuant to Protective Order; [Proposed] Order re Defendants' Application to File Under Seal Pursuant to Protective Order. (Pomerantz, Glenn)
January 9, 2009 Filing 307 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Defendants' Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion in Limine One; Declaration of Glenn D. Pomerantz in Support of Defendants' Opposition to Plaintiffs' Motion in Limine One; Defendants' Application to File Under Seal Pursuant to Protective Order; [Proposed] Order re Defendants' Application to File Under Seal Pursuant to Protective Order. (Pomerantz, Glenn)
January 8, 2009 Filing 302 MINUTES OF IN CHAMBERS ORDER held before Judge Philip S. Gutierrez re DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT FILED 12/03/08 (DOC. 170); PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT FILED 12-03-08 (DOC. 175); DEFENDANTS' MOTION PURSUANT TO RULE 56(f) TO DENY AND/OR CONTINUE PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT FILED 12-29-08 (DOC. 257); AND FINAL PRETRIAL CONFERENCE: PLEASE TAKE NOTICE that on the Court's own motion, the above-referenced matters are hereby continued from January 12, 2009 to Monday, January 26, 2009 at 2:30 p.m. (bm)
January 8, 2009 Filing 301 PROOF OF SERVICE filed by Plaintiff F.B. T. Productions, LLC, Em2M, LLC, served on January 6, 2009. (Block, Mark)
January 6, 2009 Filing 300 NOTICE OF APPLICATION AND APPLICATION to File Confidential documents to the Declaration of Joel Martin in support of Plaintiffs' Motion for Summary Judgment under seal filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Lodged Proposed Order. (ir)
January 6, 2009 Filing 299 NOTICE OF APPLICATION AND APPLICATION to File under seal Exhibit 77 to the Declaration of Richard S Busch in support of Plaintiffs' Motion for Summary Judgment under seal filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Lodged Proposed Order. (ir)
January 6, 2009 Filing 298 NOTICE OF APPLICATION AND APPLICATION to File Confidential documents to the Declaration of Richard S Busch in support of Plaintiff's' Motion for Summary Judgment under seal filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Lodged Proposed Order. (ir)
January 6, 2009 Filing 296 NOTICE That Certain Documents Were Not Filed With The Court filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Block, Mark)
January 6, 2009 Filing 292 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Notice of Motion to Continue Plaintiffs Motion for Summary Judgment #257 has incorrect docketing event selected. Correct event is Motions-Continue. Motion date noticed is untimely and a closed date on the court's calendar. Motion date not indicated in docket entry text. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm)
January 6, 2009 Filing 291 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Videotaped Exerpts of Eddy Cue Deposition Testimony. (Busch, Richard)
January 6, 2009 Filing 290 NOTICE OF ERRATA filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. correcting Notice of Manual Filing (G-92) #289 (Busch, Richard)
January 6, 2009 Filing 289 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Exerpts of Video Taped Depostion of Eddy Cue. (Busch, Richard)
January 6, 2009 Filing 288 NOTICE OF LODGING Proposed Pretrial Conference Order Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc., Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order Final Pretrial Conference Order, #2 Exhibit A - Plaintiffs' Objections to Defendants' Trial Exhibit List, #3 Exhibit B - Defendants' Objections to Plaintiffs' Trial Exhibit List)(Busch, Richard)
January 5, 2009 Filing 287 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Application to File Under Seal; Proposed Order; Exhibits 1, 2 and 3 to the Declaration of Joel Martin. (Busch, Richard)
January 5, 2009 Filing 286 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Application to File Under Seal; Proposed Order; Confidential Exhibits to Declaration of Richard S. Busch. (Busch, Richard)
January 5, 2009 Filing 285 DECLARATION re Reply (Motion related), Reply (Motion related) #280 of Glenn D. Pomerantz filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
January 5, 2009 Filing 284 DECLARATION of Joel Martin in Support of MOTION for Summary Judgment as to All Counts #175 , in Support of Plaintiffs Reply in Support of MOTION for Summary Judgment as to All Counts #281 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 - Draft Agreement, #2 Exhibit 2 - Draft Agreement, #3 Exhibit 3 - Draft Agreement)(Busch, Richard)
January 5, 2009 Filing 283 OBJECTIONS to Declaration (Motion related), Declaration (Motion related) #262 , Declaration (non-motion), Declaration (non-motion), Declaration (non-motion), Declaration (non-motion), Declaration (non-motion), Declaration (non-motion) #260 , Declaration (Motion related), Declaration (Motion related) #263 , Declaration (Motion related), Declaration (Motion related) #261 - Defendants' Evidentiary Objections to Certain Paragraphs and Exhibits Thereto) filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
January 5, 2009 Filing 282 DECLARATION of Richard S. Busch in Support of MOTION for Summary Judgment as to All Counts #175 , in Support of Plaintiffs Reply in Support of MOTION for Summary Judgment as to All Counts #281 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 76 - Cue Deposition Excerpts, #2 Exhibit 77 - Cue Deposition Video Excerpt, #3 Exhibit 78 - Harleston Deposition Excerpts, #4 Exhibit 79 - Hoffman Deposition Excerpts, #5 Exhibit 80 - Hu Deposition Excerpts, #6 Exhibit 81 - Jobs Deposition Excerpts, #7 Exhibit 82 - Kenswil Deposition Excerpts, #8 Exhibit 83 - Nieves Deposition Excerpts, #9 Exhibit 84 - Paterno Deposition Excerpts, #10 Exhibit 85 - Weinberg Deposition Excerpts, #11 Exhibit 86 - Menell Deposition Excerpts, #12 Exhibit 87 - Cohen Deposition Excerpts, #13 Exhibit 88 - Cohen Deposition Excerpts, #14 Exhibit 89 - Clive Ellis Trial Testimony)(Busch, Richard)
January 5, 2009 Filing 281 REPLY in Support MOTION for Summary Judgment as to All Counts #175 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
January 5, 2009 Filing 280 REPLY In Support Of MOTION for Partial Summary Judgment as to Plaintiffs First Cause of Action #170 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit 1 - October 16, 2006 Copyright Office Decision)(Lemoine, Melinda)
January 5, 2009 Filing 279 Proposed Voir Dire Questions filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC.. (Busch, Richard)
January 5, 2009 Filing 278 Proposed Voir Dire Questions filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc... (Lemoine, Melinda)
January 4, 2009 Filing 271 DECLARATION of Richard S. Busch in Support of MOTION for Summary Judgment as to All Counts #175 , in Opposition to Defendants' Rule 56(f) Motion to Deny and/or Continue Plaintiffs' Motion For Summary Judgment #257 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Busch, Richard)
January 4, 2009 Filing 270 MEMORANDUM in Opposition to Defendants' Motion Pursuant to Rule 56(f) to Deny and/or Continue Plaintiffs Motion for Summary Judgment #257 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order [PROPOSED] Order Denying Defendants' Rule 56(f) Motion, #2 Supplement 1 - Case Law: Steele v. Arizona Dept. of Administration, #3 Supplement 2 - Case Law: Siddiqui v. AG Commun. Sys.)(Busch, Richard)
January 2, 2009 Filing 304 SEALED DOCUMENT- Memorandum of Points and Authorities in Support of Plaintiff's Motion in Limine One to Exclude from trial evidence of Mark Bass's Alleged Drug Habit. (mat)
January 2, 2009 Filing 303 SEALED DOCUMENT- Declaration of Richard S. Busch in Support of Plaintiffs' Motion in Limine Number One. (mat)
January 2, 2009 Filing 294 SEALED DOCUMENT- Plaintiffs' Notice of Motion and Motion in Limine One; Memorandum of Points and Authorities. (mat)
December 31, 2008 Opinion or Order Filing 379 ORDER GRANTING PLAINTIFFS' APPLICATION TO FILE CONFIDENTIAL DOCUMENTS TO THE DECLARATION OF RICHARD S. BUSCH IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by Judge Philip S. Gutierrez, re APPLICATION for Leave to File documents under seal #274 : Having received and reviewed plaintiff's Application to File Confidential Documents Under Seal, and good cause appearing thereto, IT IS HEREBY ORDERED THAT: The following documents shall be filed and maintained under seal until further order of the Court: 1. Exhibits 60, 62, 63, 66, 67, and 68 to the Declaration of Richard S. Busch in opposition to defendants' motion for summary judgment. IT IS HEREBY ORDERED that plaintiffs' Application to File Confidential Documents Under Seal is granted in its entirety. (bm)
December 31, 2008 Filing 297 SEALED DOCUMENT- Exhibits 60, 62, 63, 66, 67 and 68 to the Declaration of Richard S. Busch in Opposition to Defendants' Motion for Summary Judgment. (mat)
December 31, 2008 Opinion or Order Filing 295 Order Granting Plaintiffs' Notice of Application and Application to File Confidential Documents in Support of Plaintiffs' Motion in Limine One Under Seal #276 by Judge Philip S. Gutierrez (mat)
December 31, 2008 Filing 276 CORRECTED NOTICE OF APPLICATION AND APPLICATION to File Confidential documents in support of Plaintiffs' Motion in Limine One under seal filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Lodged Proposed Order. (ir)
December 31, 2008 Filing 273 EXHIBIT 65 to MOTION for Partial Summary Judgment as to Plaintiffs First Cause of Action #170 . (lra)
December 31, 2008 Filing 269 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Corrected Application to File Seal; Proposed Order; Plaintiffs' Motion in Limine Number One and supporting documents to Motion in Limine Number One. (Busch, Richard)
December 30, 2008 Filing 277 PROOF OF SERVICE filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc of Under-Seal documents served on 12/30/08. (ir)
December 30, 2008 Filing 275 NOTICE OF APPLICATION AND APPLICATION to File Confidential documents to the Declaration of Richard S Busch in opposition to Defendants' Motion for Summary Judgment filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Lodged Proposed Order. (ir)
December 30, 2008 Filing 274 APPLICATION to File documents under seal pursuant to Protective Order filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Lodged Proposed Order. (ir)
December 30, 2008 Filing 267 MEMORANDUM in Support of MOTION IN LIMINE (4) to Exclude improper evidence and argument relating to luck or good fortune MOTION IN LIMINE (4) to Exclude improper evidence and argument relating to luck or good fortune #234 CORRECTED filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
December 30, 2008 Filing 266 NOTICE OF ERRATA filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. correcting Memorandum in Support of Motion, #235 (Busch, Richard)
December 30, 2008 Filing 265 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Memorandum in Support of Motion, #235 . Docket entry indicates Memorandum in Support of Motion in Limine (4). Attached document is Plaintiffs' Motion in Limine Number Four to Exclude Improper Evidence. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm)
December 29, 2008 Filing 308 SEALED DOCUMENT- Under Seal Exhibits to Declaration of Melinda E. Lemoine in Support of Defendants' Motions in Limine Nos. 1-7. (mat) (Additional attachment(s) added on 1/9/2009: #2 Part 2, #3 Part 3, #4 Part 4, #5 Part 5) (mat).
December 29, 2008 Filing 306 SEALED DOCUMENT- Under Seal Exhibits to Declaration of Michael Ostroff in Support of Defendants' Motion in Limine No. 2 to Exclude Opinion of Expert David Berman. (mat)
December 29, 2008 Filing 305 SEALED DOCUMENT- Defendant's Notice of Motin and Motion in Limine No. 4 to Exclude March 24, 2004 Letter to the Major Record Companies. (mat)
December 29, 2008 Filing 272 SEALED DOCUMENT- Order Re: Defendants't Application to File Under Seal Pursuant to Protective Order. (mat)
December 29, 2008 Opinion or Order Filing 268 NOTICE OF DISCREPANCY AND ORDER: by Judge Philip S. Gutierrez, ORDERING Applicaton to file confidential documents in support of Plaintiff's motion; Plaintiff's notice of motion, memorandum of Points, Declaration of Richard Rusch; proposed order submitted by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC received on 12/19/08 is not to be filed but instead rejected. Denial based on: no copy for judge; A request to file the application andm otion in limine #1 under seal is required. Otherwise the application should not seal nor the order. Please refer to Local Rules.. (da)
December 29, 2008 Filing 264 STATEMENT of In Response to Defendants Statement of Uncontroverted Facts MOTION for Partial Summary Judgment as to Plaintiffs First Cause of Action #170 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
December 29, 2008 Filing 263 DECLARATION of David Berman in opposition to MOTION for Partial Summary Judgment as to Plaintiffs First Cause of Action #170 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 - Rebuttal Expert Report)(Busch, Richard)
December 29, 2008 Filing 262 DECLARATION of Mark Levinsohn in opposition to MOTION for Partial Summary Judgment as to Plaintiffs First Cause of Action #170 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 - Email between Mr. Levinsohn and Mr. Stiffelman)(Busch, Richard)
December 29, 2008 Filing 261 DECLARATION of Joel Martin In Opposition to MOTION for Partial Summary Judgment as to Plaintiffs First Cause of Action #170 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 - Email Between Mr. Martin and Mr. Stiffelman, #2 Exhibit 2 - Email Between Mr. Martin and Mr. Stiffelman, #3 Exhibit 3 - Email Between Mr. Martin and Mr. Stiffelman, #4 Exhibit 4 - Email Between Mr. Martin and Mr. Stiffelman)(Busch, Richard)
December 29, 2008 Filing 260 DECLARATION re MEMORANDUM in Opposition to Motion, #259 of Richard S. Busch filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 55 - Allman v. UMG Complaint, #2 Exhibit 56 - Busch Ltr to Pomerantz 12.16.08, #3 Exhibit 57 - Pomerantz to Busch 12.17.08, #4 Exhibit 58 - Defs Inter Resp, #5 Exhibit 59 - Defs Response to Requests for Production of Documents, #6 Exhibit 60 - Document Filed Under Seal, #7 Exhibit 61 - Emails Between Counsel, #8 Exhibit 62 - Document Filed Under Seal, #9 Exhibit 63 - UNDER SEAL Cover Sheet, #10 Exhibit 64 - Harleston Senate Testimony, #11 Exhibit 65 - DVD Testimony of J. Harleston - Manually Filed, #12 Exhibit 66 - Document Filed Under Seal, #13 Exhibit 67 - Document Filed Under Seal, #14 Exhibit 68 - Document Filed Under Seal, #15 Exhibit 69 - Hoffman Deposition Excerpts, #16 Exhibit 70 - Kenswil Deposition Excerpts, #17 Exhibit 71 - Martin Deposition Excerpts, #18 Exhibit 72 - Neivas Deposition Excerpts, #19 Exhibit 73 - Rogell Deposition Excerpts, #20 Exhibit 74 - Defendants Reply in Support of Motion for Summary Judgment in Eight Mile Style v. Apple Case, #21 Exhibit 75 - Levinsohn Deposition Excerpts)(Busch, Richard)
December 29, 2008 Filing 259 MEMORANDUM in Opposition to MOTION for Partial Summary Judgment as to Plaintiffs First Cause of Action #170 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order Prop Order Deny Defendants Motion for Summary Judgment)(Busch, Richard)
December 29, 2008 Filing 258 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Application and Order to Seal and Under Seal Exhibits. (Lemoine, Melinda)
December 29, 2008 Filing 257 NOTICE OF MOTION AND MOTION PURSUANT TO RULE 56(f) TO DENY AND/OR CONTINUE PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; DECL. OF GLENN D. POMERANTZ IN SUPPORT THEREOF re MOTION for Summary Judgment as to All Counts #175 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Lemoine, Melinda)
December 29, 2008 Filing 256 DECLARATION of Peter Paterno in opposition to MOTION for Summary Judgment as to All Counts #175 CORRECTED filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A - FILED UNDER SEAL, #2 Exhibit B - FILED UNDER SEAL, #3 Exhibit C - FILED UNDER SEAL, #4 Exhibit D - FILED UNDER SEAL)(Lemoine, Melinda)
December 29, 2008 Filing 255 DECLARATION of Rand Hoffman in opposition to MOTION for Summary Judgment as to All Counts #175 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A - FILED UNDER SEAL, #2 Exhibit B - FILED UNDER SEAL, #3 Exhibit C - FILED UNDER SEAL, #4 Exhibit D - FILED UNDER SEAL, #5 Exhibit E - FILED UNDER SEAL, #6 Exhibit F - FILED UNDER SEAL)(Lemoine, Melinda)
December 29, 2008 Filing 254 Evidentiary Objections in opposition to re: MOTION for Summary Judgment as to All Counts #175 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
December 29, 2008 Filing 253 STATEMENT of GENUINE ISSUES IN opposition to MOTION for Summary Judgment as to All Counts #175 [CIVIL L.R. 56-2] filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
December 29, 2008 Filing 252 DECLARATION of Melinda LeMoine in opposition to MOTION for Summary Judgment as to All Counts #175 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 - FILED UNDER SEAL, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12A, #13 Exhibit 12B - FILED UNDER SEAL, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15 - FILED UNDER SEAL, #17 Exhibit 16 - FILED UNDER SEAL, #18 Exhibit 17 - FILED UNDER SEAL, #19 Exhibit 18 - FILED UNDER SEAL, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24 - FILED UNDER SEAL, #26 Exhibit 25 - FILED UNDER SEAL, #27 Exhibit 26 - FILED UNDER SEAL, #28 Exhibit 27, #29 Exhibit 28 - FILED UNDER SEAL, #30 Exhibit 29 - FILED UNDER SEAL, #31 Exhibit 30 - FILED UNDER SEAL, #32 Exhibit 31 - FILED UNDER SEAL, #33 Exhibit 32 - FILED UNDER SEAL, #34 Exhibit 33 - FILED UNDER SEAL, #35 Exhibit 34 - FILED UNDER SEAL, #36 Exhibit 35 - FILED UNDER SEAL, #37 Exhibit 36 - FILED UNDER SEAL, #38 Exhibit 37 - FILED UNDER SEAL, #39 Exhibit 38 - FILED UNDER SEAL, #40 Exhibit 39 - FILED UNDER SEAL, #41 Exhibit 40 - FILED UNDER SEAL, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43 - FILED UNDER SEAL, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46 - FILED UNDER SEAL, #48 Exhibit 47, #49 Exhibit 48 - FILED UNDER SEAL, #50 Exhibit 49 - FILED UNDER SEAL, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52 - FILED UNDER SEAL, #54 Exhibit 53 - FILED UNDER SEAL, #55 Exhibit 54 - FILED UNDER SEAL, #56 Exhibit 55 - FILED UNDER SEAL, #57 Exhibit 56 - FILED UNDER SEAL, #58 Exhibit 57 - FILED UNDER SEAL, #59 Exhibit 58, #60 Exhibit 59 - FILED UNDER SEAL, #61 Exhibit 60 - FILED UNDER SEAL, #62 Exhibit 61 - FILED UNDER SEAL, #63 Exhibit 62 - FILED UNDER SEAL, #64 Exhibit 63 - FILED UNDER SEAL, #65 Exhibit 64 - FILED UNDER SEAL, #66 Exhibit 65A, #67 Exhibit 65B - FILED UNDER SEAL, #68 Exhibit 66 - FILED UNDER SEAL)(Lemoine, Melinda)
December 29, 2008 Filing 251 DECLARATION of Rand Hoffman in opposition to MOTION for Summary Judgment as to All Counts #175 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
December 29, 2008 Filing 250 DECLARATION of Peter Paterno in opposition to MOTION for Summary Judgment as to All Counts #175 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
December 29, 2008 Filing 249 OPPOSITION to MOTION for Summary Judgment as to All Counts #175 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
December 29, 2008 Filing 248 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of DVD of Videotaped Testimony. (Busch, Richard)
December 29, 2008 Filing 247 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Under Seal Exhibits. (Busch, Richard)
December 23, 2008 Filing 244 CORRECTED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
December 22, 2008 Filing 246 PROOF OF SERVICE OF UNDER-SEAL EXHIBITS AND UNREDACTED VERSION OF MOTION IN LIMINE #4, filed by defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc., served on 12/19/08. (bm)
December 22, 2008 Filing 245 DEFENDANT'S APPLICATION TO FILE UNDER SEAL PURSUANT TO PROTECTIVE ORDER, filed by defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. Lodged Proposed Order. (bm)
December 22, 2008 Filing 243 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
December 22, 2008 Filing 242 Joint Exhibit List filed by Defendants and Plaintiffs F.B. T. Productions, LLC, Em2M, LLC.. (Attachments: #1 Exhibit A)(Busch, Richard)
December 22, 2008 Filing 241 CORRECTED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
December 22, 2008 Filing 240 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Pomerantz, Glenn)
December 22, 2008 Filing 239 Witness List filed by Plaintiffs and Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc., Apple Inc., F.B. T. Productions, LLC, Em2M, LLC.. (Pomerantz, Glenn)
December 20, 2008 Filing 238 DECLARATION of Richard S. Busch in support of MOTION IN LIMINE (#5) to Exclude Testimony from Charles Ciongoli and Steve Berman MOTION IN LIMINE (#5) to Exclude Testimony from Charles Ciongoli and Steve Berman #236 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit A - Defendants' Initial Disclosures, #2 Exhibit B - Defendants' discovery supplements, #3 Exhibit C - Witness list, #4 Exhibit D - Ciongoli declaration)(Busch, Richard)
December 20, 2008 Filing 237 MEMORANDUM in Support of MOTION IN LIMINE (#5) to Exclude Testimony from Charles Ciongoli and Steve Berman MOTION IN LIMINE (#5) to Exclude Testimony from Charles Ciongoli and Steve Berman #236 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
December 20, 2008 Filing 236 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude Testimony from Charles Ciongoli and Steve Berman filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 2/3/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Busch, Richard)
December 19, 2008 Filing 235 MEMORANDUM in Support of MOTION IN LIMINE (4) to Exclude improper evidence and argument relating to luck or good fortune MOTION IN LIMINE (4) to Exclude improper evidence and argument relating to luck or good fortune #234 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
December 19, 2008 Filing 234 NOTICE OF MOTION AND MOTION IN LIMINE (4) to Exclude improper evidence and argument relating to luck or good fortune filed by plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 2/3/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Busch, Richard)
December 19, 2008 Filing 233 DECLARATION of Richard S. Busch in support of MOTION IN LIMINE (3) to Exclude certain documents produced by plaintiffs MOTION IN LIMINE (3) to Exclude certain documents produced by plaintiffs #231 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
December 19, 2008 Filing 232 MEMORANDUM in Opposition to MOTION IN LIMINE (3) to Exclude certain documents produced by plaintiffs MOTION IN LIMINE (3) to Exclude certain documents produced by plaintiffs #231 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
December 19, 2008 Filing 231 NOTICE OF MOTION AND MOTION IN LIMINE (3) to Exclude certain documents produced by plaintiffs filed by plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 2/3/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Busch, Richard)
December 19, 2008 Filing 230 MEMORANDUM in Support of MOTION IN LIMINE (2) to Exclude evidence of royalty rates for other artists MOTION IN LIMINE (2) to Exclude evidence of royalty rates for other artists #229 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
December 19, 2008 Filing 229 NOTICE OF MOTION AND MOTION IN LIMINE (2) to Exclude evidence of royalty rates for other artists filed by plaintiff F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 2/3/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Busch, Richard)
December 19, 2008 Filing 228 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Certain Exhibits to Declaration of Melinda Lemoine; Exhibits 1-3 to Declaration of Michael Ostroff; nonpublic, unredacted version of Defendants' Motion in Limine #4. (Attachments: #1 Proposed Order)(Lemoine, Melinda)
December 19, 2008 Filing 227 DECLARATION of MELINDA LEMOINE IN SUPPORT OF MOTION IN LIMINE (#5) to Preclude JOEL MARTIN AND MARK LEVINSOHN FROM TESTIFYING ABOUT INTENT OF PARTIES OR MEANING OF TERMS OF RECORDING AGREEMENTS AT ISSUE MOTION IN LIMINE (#5) to Preclude JOEL MARTIN AND MARK LEVINSOHN FROM TESTIFYING ABOUT INTENT OF PARTIES OR MEANING OF TERMS OF RECORDING AGREEMENTS AT ISSUE #222 , MOTION IN LIMINE (#7) to Exclude REFERENCE TO ALLEGED STATEMENTS IN THE EIGHT MILE STYLE ACTION RE DEFENDANTS' "LICENSING" RIGHTS IN MUSICAL COMPOSITIONS TO APPLE MOTION IN LIMINE (#7) to Exclude REFERENCE TO ALLEGED STATEMENTS IN THE EIGHT MILE STYLE ACTION RE DEFENDANTS' "LICENSING" RIGHTS IN MUSICAL COMPOSITIONS TO APPLE #224 , MOTION IN LIMINE (#6) to Exclude EVIDENCE WHEREIN PARTIES UNCONNECTED TO THE EMINEM RECORDING AGREEMENTS USED THE WORD "LICENSE" MOTION IN LIMINE (#6) to Exclude EVIDENCE WHEREIN PARTIES UNCONNECTED TO THE EMINEM RECORDING AGREEMENTS USED THE WORD "LICENSE" #223 , MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN #220 , MOTION IN LIMINE (#1) to Exclude PUTATIVE EXPERT TESTIMONY OF LAW PROFESSOR PETER S. MENELL MOTION IN LIMINE (#1) to Exclude PUTATIVE EXPERT TESTIMONY OF LAW PROFESSOR PETER S. MENELL #225 , MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN #219 , MOTION IN LIMINE (#4) to Exclude MARCH 24, 2004 LETTER TO THE MAJOR RECORD COMPANIES MOTION IN LIMINE (#4) to Exclude MARCH 24, 2004 LETTER TO THE MAJOR RECORD COMPANIES #221 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H - FILED UNDER SEAL, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K - FILED UNDER SEAL, #12 Exhibit L - FILED UNDER SEAL, #13 Exhibit M - FILED UNDER SEAL, #14 Exhibit N - FILED UNDER SEAL, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T - FILED UNDER SEAL, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z - FILED UNDER SEAL, #27 Exhibit AA - FILED UNDER SEAL, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF - FILED UNDER SEAL, #33 Exhibit GG - FILED UNDER SEAL, #34 Exhibit HH - FILED UNDER SEAL, #35 Exhibit II - FILED UNDER SEAL, #36 Exhibit JJ, #37 Exhibit KK - FILED UNDER SEAL)(Lemoine, Melinda)
December 19, 2008 Filing 226 DECLARATION of Michael Ostroff in support of MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN #220 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit 1 - FILED UNDER SEAL, #2 Exhibit 2 - FILED UNDER SEAL, #3 Exhibit 3 - FILED UNDER SEAL)(Lemoine, Melinda)
December 19, 2008 Filing 225 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude PUTATIVE EXPERT TESTIMONY OF LAW PROFESSOR PETER S. MENELL filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Motion set for hearing on 2/3/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Lemoine, Melinda)
December 19, 2008 Filing 224 NOTICE OF MOTION AND MOTION IN LIMINE (#7) to Exclude REFERENCE TO ALLEGED STATEMENTS IN THE EIGHT MILE STYLE ACTION RE DEFENDANTS' "LICENSING" RIGHTS IN MUSICAL COMPOSITIONS TO APPLE filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Motion set for hearing on 2/3/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Lemoine, Melinda)
December 19, 2008 Filing 223 NOTICE OF MOTION AND MOTION IN LIMINE (#6) to Exclude EVIDENCE WHEREIN PARTIES UNCONNECTED TO THE EMINEM RECORDING AGREEMENTS USED THE WORD "LICENSE" filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Motion set for hearing on 2/3/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Lemoine, Melinda)
December 19, 2008 Filing 222 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Preclude JOEL MARTIN AND MARK LEVINSOHN FROM TESTIFYING ABOUT INTENT OF PARTIES OR MEANING OF TERMS OF RECORDING AGREEMENTS AT ISSUE filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Motion set for hearing on 2/3/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Lemoine, Melinda)
December 19, 2008 Filing 221 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude MARCH 24, 2004 LETTER TO THE MAJOR RECORD COMPANIES filed by Defendant Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Motion set for hearing on 2/3/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Lemoine, Melinda)
December 19, 2008 Filing 220 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude OPINION OF PUTATIVE EXPERT DAVID BERMAN filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Motion set for hearing on 2/3/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Lemoine, Melinda)
December 19, 2008 Filing 219 NOTICE OF MOTION AND MOTION IN LIMINE (3) to Exclude OPINION OF PUTATIVE EXPERT GARY COHEN filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Motion set for hearing on 2/3/2009 at 09:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Proposed Order)(Lemoine, Melinda)
December 19, 2008 Filing 218 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Plaintiffs Motion in Limine One and supporting documents; Application and Proposed Order to File Under Seal. (Busch, Richard)
December 9, 2008 Opinion or Order Filing 216 MINUTES: (In Chambers) Defendants' Motion for Partial Summary Judgment #170 , and Plaintiff's Motion for Summary Judgment #175 ; PLEASE TAKE NOTICE that on the Courts own motion, the above referenced matters currently on the Courts calendar for January 5, 2009, are hereby continued to Monday, January 12, 2009 at 1:30 pm. IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
December 8, 2008 Filing 203 NOTICE OF ERRATA filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. correcting MOTION for Partial Summary Judgment as to Plaintiffs First Cause of Action #170 , Notice of Deficiency in Electronically Filed Documents (G-112), Notice of Deficiency in Electronically Filed Documents (G-112) #202 (Lemoine, Melinda)
December 8, 2008 Filing 202 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Docket text must match all information on document; motion hearing date on docket does not match hearing date on document. RE: MOTION for Partial Summary Judgment as to Plaintiffs First Cause of Action #170 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ab)
December 4, 2008 Filing 217 APPLICATION to File exhibit U to declaration of Melinda E Lemoine in support of defendants motion for partial summary judgment under seal filed by defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Lodged order. (lc)
December 4, 2008 Filing 215 APPLICATION for Leave to File Exhibit W to the Declaration of Melinda E Lemoine in support of Defendants' Motion for Partial Summary Judgment under seal filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Application set for hearing on 1/5/2009 at 01:30 PM before Judge Philip S. Gutierrez. (ir)
December 4, 2008 Filing 214 APPLICATION for Leave to File Exhibit T to the Declaration of Melinda E Lemoine in support of Defendants' Motion for Partial Summary Judgment under seal filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Application set for hearing on 1/5/2009 at 01:30 PM before Judge Philip S. Gutierrez. Lodged Proposed Order. (ir)
December 4, 2008 Filing 213 APPLICATION for Leave to File Exhibit O to the Declaration of Melinda E Lemoine in support of Defendants' Motion for Partial Summary Judgment under seal filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Application set for hearing on 1/5/2009 at 01:30 PM before Judge Philip S. Gutierrez. Lodged Proposed Order. (ir)
December 4, 2008 Filing 212 APPLICATION for Leave to File Exhibit E to the Declaration of Melinda E Lemoine in support of Defendants' Motion for Partial Summary Judgment under seal filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Application set for hearing on 1/5/2009 at 01:30 PM before Judge Philip S. Gutierrez. Lodged Proposed Order. (ir)
December 4, 2008 Filing 211 APPLICATION for Leave to File Exhibit B to the Declaration of Melinda E Lemoine in support of Defendants' Motion for Partial Summary Judgment under seal filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Application set for hearing on 1/5/2009 at 01:30 PM before Judge Philip S. Gutierrez. Lodged Proposed Order. (ir)
December 4, 2008 Filing 210 APPLICATION for Leave to File Exhibit A to the Declaration of Melinda E Lemoine in support of Defendants' Motion for Partial Summary Judgment under seal filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Application set for hearing on 1/5/2009 at 01:30 PM before Judge Philip S. Gutierrez. Lodged Proposed Order. (ir)
December 4, 2008 Filing 209 APPLICATION for Leave to File Exhibit F to the Declaration of Rand Hoffman in support of Defendants' Motion for Partial Summary Judgment under seal filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Application set for hearing on 1/5/2009 at 01:30 PM before Judge Philip S. Gutierrez. Lodged Proposed Order. (ir)
December 4, 2008 Filing 208 APPLICATION for Leave to File Exhibit E to the Declaration of Rand Hoffman in support of Defendants' Motion for Partial Summary Judgment under seal filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. Application set for hearing on 1/5/2009 at 01:30 PM before Judge Philip S. Gutierrez. Lodged Proposed Order. (ir)
December 4, 2008 Filing 207 APPLICATION for Leave to File Exhibit D to the Declaration of Rand Hoffman in support of Defendants' Motion for Partial Summary Judgment under seal filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Application set for hearing on 1/5/2009 at 01:30 PM before Judge Philip S. Gutierrez. Lodged Proposed Order. (ir) Modified on 12/10/2008 (lc).
December 4, 2008 Filing 206 APPLICATION for Leave to File Exhibit C to the Declaration of Rand Hoffman in support of Defendants' Motion for Partial Summary Judgment under seal filed by Defendants Interscope Records, UMG Recording, Inc., Ary, Inc.. Application set for hearing on 1/5/2009 at 01:30 PM before Judge Philip S. Gutierrez. Lodged Proposed Order. (ir)
December 4, 2008 Filing 205 APPLICATION for Leave to File Exhibit B to the Declaration of Rand Hoffman in support of Defendants' Motion for Partial Summary Judgment under seal filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Lodged Proposed Order. (ir)
December 4, 2008 Filing 204 APPLICATION for Leave to File Exhibit A to the Declaration of Rand Hoffman in support of Defendants' Motion for Partial Summary Judgment under seal filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Application set for hearing on 1/5/2009 at 01:30 PM before Judge Philip S. Gutierrez. Lodged Proposed Order. (ir)
December 4, 2008 Filing 201 PLAINTIFF'S NOTICE OF APPLICATION AND APPLICATION TO FILE CONFIDENTIAL DOCUMENTS IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT UNDER SEAL filed by plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Lodged proposed order. (bm)
December 4, 2008 Filing 200 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Plaintiffs' Application to File Confidential Documents Support Plaintiffs' Motion for Summary Judgment Under Seal; Proposed Order; Exhibits 1-13, 15-25, 30-34, 38-39, 42, 48 and 50 to the to the Busch Declaration, Exhibit 1 to the Menell Declaration and Exhibit 1 to the Martin Declaration in support of plaintiffs' Motion for Summary Judgment.. (Busch, Richard)
December 4, 2008 Filing 199 NOTICE OF ERRATA filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. correcting Application to File Confidential Documents Under Seal (Busch, Richard)
December 4, 2008 Filing 198 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit W to Declaration of Melinda LeMoine in Support of Defendants' Motion for Partial Summary Judgment. (Lemoine, Melinda)
December 4, 2008 Filing 197 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit U to Declaration of Melinda LeMoine in Support of Defendants' Motion for Partial Summary Judgment. (Lemoine, Melinda)
December 4, 2008 Filing 196 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit T to Declaration of Melinda LeMoine in Support of Defendants' Motion for Partial Summary Judgment. (Lemoine, Melinda)
December 4, 2008 Filing 195 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit O to Declaration of Melinda LeMoine in Support of Defendants' Motion for Partial Summary Judgment. (Lemoine, Melinda)
December 4, 2008 Filing 194 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit E to Declaration of Melinda LeMoine in Support of Defendants' Motion for Partial Summary Judgment. (Lemoine, Melinda)
December 4, 2008 Filing 193 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit B to Declaration of Melinda LeMoine in Support of Defendants' Motion for Partial Summary Judgment. (Lemoine, Melinda)
December 4, 2008 Filing 192 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit A to Declaration of Melinda LeMoine in Support of Defendants' Motion for Partial Summary Judgment. (Lemoine, Melinda)
December 4, 2008 Filing 191 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit F to Declaration of Rand Hoffman in Support of Defendants' Motion for Partial Summary Judgment. (Lemoine, Melinda)
December 4, 2008 Filing 190 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit E to Declaration of Rand Hoffman in Support of Defendants' Motion for Partial Summary Judgment. (Lemoine, Melinda)
December 4, 2008 Filing 189 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit D to Declaration of Rand Hoffman in Support of Defendants' Motion for Partial Summary Judgment. (Lemoine, Melinda)
December 4, 2008 Filing 188 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit C to Declaration of Rand Hoffman in Support of Defendants' Motion for Partial Summary Judgment. (Lemoine, Melinda)
December 4, 2008 Filing 187 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit B to Declaration of Rand Hoffman in Support of Defendants' Motion for Partial Summary Judgment. (Lemoine, Melinda)
December 4, 2008 Filing 186 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit A to Declaration of Rand Hoffman in Support of Defendants' Motion for Partial Summary Judgment. (Lemoine, Melinda)
December 3, 2008 Filing 185 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Exhibits 1-13, 15-25, 30-34, 38-39, 42,48 and 50 to the Declaration of Richard Busch in Support of Plaintiffs Motion for Summary Judgment; Exhibit 1 to the Declaration of Joel Martin in Support of Plaintiffs Motion for Summary Judgment; Exhibit 1 to the Declaration of Peter Menell in Support of Plaintiffs Motion for Summary Judgment.. (Busch, Richard)
December 3, 2008 Filing 184 APPLICATION to Seal Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) #178 , Declaration (Motion related) #183 , Declaration (Motion related), Declaration (Motion related) #179 filed by plaintiff F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 - Protective Order, #2 Proposed Order)(Busch, Richard)
December 3, 2008 Filing 183 DECLARATION of Peter Menell In Support Of MOTION for Summary Judgment as to All Counts #175 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 FILED UNDER SEAL, #2 Exhibit 2 RIAA Statistics)(Busch, Richard)
December 3, 2008 Filing 182 DECLARATION of David Berman In Support Of MOTION for Summary Judgment as to All Counts #175 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 Expert Report)(Busch, Richard)
December 3, 2008 Filing 181 DECLARATION of Gary Cohen In Support Of MOTION for Summary Judgment as to All Counts #175 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 Expert Report)(Busch, Richard)
December 3, 2008 Filing 180 DECLARATION of Mark Levinsohn In Support Of MOTION for Summary Judgment as to All Counts #175 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
December 3, 2008 Filing 179 DECLARATION of Joel Martin In Support Of MOTION for Summary Judgment as to All Counts #175 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 FILED UNDER SEAL, #2 Exhibit 2 Letter 2.21.07, #3 Exhibit 3 Letter 11.26.07)(Busch, Richard)
December 3, 2008 Filing 178 DECLARATION of Richard S. Busch In Support Of MOTION for Summary Judgment as to All Counts #175 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 - Deposition Exhibit Number 5 FILED UNDER SEAL, #2 Exhibit 2 - Deposition Exhibit Number 5A FILED UNDER SEAL, #3 Exhibit 3 - Deposition Exhibit Number 5B FILED UNDER SEAL, #4 Exhibit 4 - Deposition Exhibit Number 5C FILED UNDER SEAL, #5 Exhibit 5 - Deposition Exhibit Number 5D FILED UNDER SEAL, #6 Exhibit 6 - Deposition Exhibit Number 9 FILED UNDER SEAL, #7 Exhibit 7 - Deposition Exhibit Number 10 FILED UNDER SEAL, #8 Exhibit 8 - Deposition Exhibit Number 11 FILED UNDER SEAL, #9 Exhibit 10 - Deposition Exhibit Number 13 FILED UNDER SEAL, #10 Exhibit 10 - Deposition Exhibit Number 13 FILED UNDER SEAL, #11 Exhibit 11 -Deposition Exhibit 14 FILED UNDER SEAL, #12 Exhibit 12 - Deposition Exhibit 14 FILED UNDER SEAL, #13 Exhibit 13 - Deposition Exhibit 17 FILED UNDER SEAL, #14 Exhibit 14 - Deposition Exhibit 64 Letter 3.24.04, #15 Exhibit 15 - Deposition Exhibit 67 FILED UNDER SEAL, #16 Exhibit 16 - Deposition Exhibit 70 FILED UNDER SEAL, #17 Exhibit 17 - Deposition Exhibit 71 FILED UNDER SEAL, #18 Exhibit 18 FILED UNDER SEAL, #19 Exhibit 19 FILED UNDER SEAL, #20 Exhibit 20 FILED UNDER SEAL, #21 Exhibit 21 FILED UNDER SEAL, #22 Exhibit 22 FILED UNDER SEAL, #23 Exhibit 23 FILED UNDER SEAL, #24 Exhibit 24 FILED UNDER SEAL, #25 Exhibit 25 FILED UNDER SEAL, #26 Exhibit 26 Cue Testimony Copyright Board, Part 1, #27 Exhibit 26 Cue Testimony Copyright Board, Part 2, #28 Exhibit 27 Jobs Article, #29 Exhibit 28 Iovine Article, #30 Exhibit 29 Iovine Deposition, #31 Exhibit 30 FILED UNDER SEAL, #32 Exhibit 31 FILED UNDER SEAL, #33 Exhibit 32 FILED UNDER SEAL, #34 Exhibit 33 FILED UNDER SEAL, #35 Exhibit 34 FILED UNDER SEAL, #36 Exhibit 35 Letter from Klaus 12.14.07, #37 Exhibit 36 Bass Deposition, #38 Exhibit 37 Caraeff Deposition, #39 Exhibit 38 FILED UNDER SEAL, #40 Exhibit 39 Filed Under Seal, #41 Exhibit 40 Hoffman Declaration, #42 Exhibit 41 Hu Deposition, #43 Exhibit 42 FILED UNDER SEAL, #44 Exhibit 43 Kenswil Deposition Part 1, #45 Exhibit 43 Kenswil Depo Pt 2, #46 Exhibit 44 Martin Deposition, #47 Exhibit 45 Nieves Deposition, #48 Exhibit 46 Ostroff Deposition, #49 Exhibit 47 Paterno Deposition, #50 Exhibit 48 FILED UNDER SEAL, #51 Exhibit 49 Rogell Deposition, #52 Exhibit 50 FILED UNDER SEAL, #53 Exhibit 51 Defendants Supplemental Response to Interog. 26, #54 Exhibit 52 - Apple Terms of Service, #55 Exhibit 53 Complaint for Eight Mile Style Case, #56 Exhibit 54 Answer to Complaint in Eight Mile Style Case)(Busch, Richard)
December 3, 2008 Filing 177 APPENDIX filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Re: MOTION for Summary Judgment as to All Counts #175 Index of Supporting Declarations and Exhibits (Busch, Richard)
December 3, 2008 Filing 176 STATEMENT of SEPERATE STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF MOTION for Summary Judgment as to All Counts #175 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
December 3, 2008 Filing 175 NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts filed by plaintiff F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 1/5/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit 1 - Memorandum of Points and Authorities, #2 Supplement Case Law, #3 Proposed Order [Proposed Order] Granting Plaintiffs' Motion for Summary Judgment)(Busch, Richard)
December 3, 2008 Filing 174 NOTICE OF LODGING filed re MOTION for Partial Summary Judgment as to Plaintiffs First Cause of Action #170 (Attachments: #1 Proposed Order [Proposed] Separate Statement of Uncontroverted Facts and Conclusions of Law & Proposed Order)(Lemoine, Melinda)
December 3, 2008 Filing 173 STATEMENT of [PROPOSED] UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT MOTION for Partial Summary Judgment as to Plaintiffs First Cause of Action #170 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
December 3, 2008 Filing 172 DECLARATION of Rand Hoffman in support of MOTION for Partial Summary Judgment as to Plaintiffs First Cause of Action #170 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lemoine, Melinda)
December 3, 2008 Filing 171 DECLARATION of Melinda E. Lemoine in support of MOTION for Partial Summary Judgment as to Plaintiffs First Cause of Action #170 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Lemoine, Melinda)
December 3, 2008 Filing 170 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Plaintiffs First Cause of Action filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Motion set for hearing on 2/5/2009 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities)(Lemoine, Melinda)
November 25, 2008 Opinion or Order Filing 169 ORDER by Judge Philip S. Gutierrez DENYING Ex Parte Application for Order Extending Time to File Summary Judgment Motions and Setting Briefing Schedule #167 . (mg)
November 21, 2008 Filing 168 DECLARATION of Melinda E. LeMoine in support of Corrected EXPARTE APPLICATION for Extension of Time to File Summary Judgment Motions and Setting Briefing Schedule #167 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lemoine, Melinda)
November 21, 2008 Filing 167 Corrected EXPARTE APPLICATION for Extension of Time to File Summary Judgment Motions and Setting Briefing Schedule filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order EXTENDING TIME TO FILE SUMMARY JUDGMENT MOTIONS AND SETTING BRIEFING SCHEDULE)(Lemoine, Melinda)
November 21, 2008 Filing 166 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: EXPARTE APPLICATION for Extension of Time to File MOTIONS FOR SUMMARY JUDGMENT AND SETTING A BRIEFING SCHEDULE #161 does not have proposed order submitted as a separate attachment to the Ex Parte Application. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm)
November 21, 2008 Filing 165 DECLARATION of Marc R. Guilford In Opposition To EXPARTE APPLICATION for Extension of Time to File MOTIONS FOR SUMMARY JUDGMENT AND SETTING A BRIEFING SCHEDULE #161 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 Emails Between Counsel 11.10.08, #2 Exhibit 2 Emails Between Counsel 11.20.08, #3 Exhibit 3 Emails Between Counsel 11.20.08, #4 Declaration Emails Between Counsel 11.20.08, #5 Exhibit 5 Emails Between Counsel 11.20.08)(Busch, Richard)
November 21, 2008 Filing 164 DECLARATION of Richard S> Busch In Opposition To EXPARTE APPLICATION for Extension of Time to File MOTIONS FOR SUMMARY JUDGMENT AND SETTING A BRIEFING SCHEDULE #161 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1 Scheduling Order, #2 Exhibit 2 Emails Between Counsel 11.11.08, #3 Exhibit 3 Emails Between Counsel 11.11.08, #4 Exhibit 4 Emails Between Counsel 11.18.08, #5 Exhibit 5 Emails Between Counsel 11.19.08)(Busch, Richard)
November 21, 2008 Filing 163 OPPOSITION to EXPARTE APPLICATION for Extension of Time to File MOTIONS FOR SUMMARY JUDGMENT AND SETTING A BRIEFING SCHEDULE #161 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
November 20, 2008 Filing 162 DECLARATION of Melinda E. LeMoine in support of EXPARTE APPLICATION for Extension of Time to File MOTIONS FOR SUMMARY JUDGMENT AND SETTING A BRIEFING SCHEDULE #161 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lemoine, Melinda)
November 20, 2008 Filing 161 EXPARTE APPLICATION for Extension of Time to File MOTIONS FOR SUMMARY JUDGMENT AND SETTING A BRIEFING SCHEDULE filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc..(Lemoine, Melinda)
November 17, 2008 Filing 160 MINUTES OF Telephone Conference Re Plaintiff's Motion for Leave To Take Deposition of Gary Stifflman[Presently Scheduled for November 18, 2008] and To Compel Supplemental Responses to Discovery and Defendant's Motion and Brief in Support of Proposed Resolution of Remaining Discovery Issues held before Magistrate Judge Margaret A. Nagle. Both Motions are hereby DENIED. IT IS SO ORDERED.Court Smart: CS 11/17/08. (mz)
November 17, 2008 Filing 159 DECLARATION of Melinda E. LeMoine re Notice (Other) #158 in Response to Plaintiffs' Notice of Supplemental Exhibit filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit DD, #2 Exhibit EE, #3 Exhibit FF)(Lemoine, Melinda)
November 17, 2008 Filing 158 NOTICE of Filing Response to Plaintiff's "Supplemental Exhibit" filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
November 17, 2008 Filing 157 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of [Proposed] Order re Plaintiffs' Application to File Exhibit 16 to Declaration of Richard Busch in Support of Plaintiffs' Notice of Filing Supplemental Exhibit in Support of Plaintiffs' Motion for Leave to Take the Deposition of Gary Stiffelman. (Duvall, Paul)
November 17, 2008 Filing 156 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Exhibit 16 to Declaration of Richard S. Busch in Support of Plaintiffs' Notice of Filing Supplemental Exhibit in Support of Plaintiffs' Motion for Leave to take the Deposition of Gary Stiffelman. (Duvall, Paul)
November 17, 2008 Filing 155 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of PLAINTIFFS' APPLICATION TO FILE EXHIBIT 16 TO THE DECLARATION OF RICHARD S. BUSCH IN SUPPORT OF PLAINTIFFS' NOTICE OF FILING SUPPLEMENTAL EXHIBIT. (Duvall, Paul)
November 17, 2008 Filing 154 DECLARATION of Richard S. Busch In Support Of MOTION for Discovery regarding for Leave to Take Deposition of Gary Stiffleman and to Compel Supplemental Responses to Discovery #142 [IN SUPPORT OF PLAINTIFFS' NOTICE OF FILING SUPPLEMENTAL EXHIBITS [DOCUMENT NUMBER 153] filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Duvall, Paul)
November 17, 2008 Filing 153 PLAINTIFFS' NOTICE OF FILING SUPPLEMENTAL EXHIBIT IN SUPPORT OF PLAINTIFFS' MOTION FOR LEAVE TO TAKE DEPOSITION OF GARY STIFFELMAN re MOTION for Discovery regarding for Leave to Take Deposition of Gary Stiffleman and to Compel Supplemental Responses to Discovery #142 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Duvall, Paul)
November 12, 2008 Filing 150 SEALED DOCUMENT- Exhibit CC to Declaration of Melinda E. Lemoine in Support of Defendant's Reply Brief in Support of Proposed Resolution of Remaining Discovery Issues. (mat)
November 11, 2008 Filing 149 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit CC to Declaration of Melinda E. LeMoine in Support of Defendants' Reply Brief in Support of Proposed Resolution of Remaining Discovery Issues. (Lemoine, Melinda)
November 10, 2008 Filing 152 SEALED DOCUMENT- Exhibit W to Delcaration of Melinda E. Lemoine in Support of Defendants' Motion and Brief in Support of Proposed Resolution of Remaining Discovery Issues. (mat)
November 10, 2008 Filing 151 SEALED DOCUMENT- Exhibit M to Declaration of Melinda E. Lemoine in Support of Defendants' Motion and Brief in Support of Proposed Resolution of Remaining Discovery Issues. (mat)
November 10, 2008 Filing 148 OPPOSITION to MOTION for Discovery Order MOTION to Compel Further Responses MOTION to Quash Notice of Taking Deposition of Gary Stiffelman #140 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Duvall, Paul)
November 10, 2008 Filing 147 DECLARATION of MELINDA LeMOINE in support of MOTION for Discovery Order MOTION to Compel Further Responses MOTION to Quash Notice of Taking Deposition of Gary Stiffelman #140 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit X, #2 Exhibit Y, #3 Exhibit Z, #4 Exhibit AA, #5 Exhibit BB, #6 Exhibit CC - FILED UNDER SEAL)(Lemoine, Melinda)
November 10, 2008 Filing 146 REPLY MOTION for Discovery regarding for Leave to Take Deposition of Gary Stiffleman and to Compel Supplemental Responses to Discovery #142 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
November 10, 2008 Filing 145 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit W to Declaration of Melinda LeMoine in support of Defendants' Motion and Brief in support of Proposed Resolution of Remaining Discovery Issues. (Lemoine, Melinda)
November 10, 2008 Filing 144 NOTICE of Manual Filing filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. of Exhibit M to Declaration of Melinda LeMoine in support of Defendants' Motion and Brief in Support of Proposed Resolution of Remaining Discovery Issues. (Lemoine, Melinda)
November 7, 2008 Filing 143 MEMORANDUM in Support of MOTION for Discovery regarding for Leave to Take Deposition of Gary Stiffleman and to Compel Supplemental Responses to Discovery #142 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit A- Declaration of Richard Busch, #2 Exhibit B Declaration of Martin, #3 Exhibit C Declaration of Levinsohn)(Duvall, Paul)
November 7, 2008 Filing 142 NOTICE OF MOTION AND MOTION for Discovery regarding for Leave to Take Deposition of Gary Stiffleman and to Compel Supplemental Responses to Discovery filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Proposed Order)(Duvall, Paul)
November 7, 2008 Filing 141 DECLARATION of Melinda E. LeMoine in support of MOTION for Discovery Order MOTION to Compel Further Responses MOTION to Quash Notice of Taking Deposition of Gary Stiffelman #140 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Lemoine, Melinda)
November 7, 2008 Filing 140 NOTICE OF MOTION AND MOTION for Discovery Order, MOTION to Compel Further Responses, MOTION to Quash Notice of Taking Deposition of Gary Stiffelman filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Lemoine, Melinda)
October 23, 2008 Filing 139 SEALED DOCUMENT- Exhibit K (mat)
October 23, 2008 Opinion or Order Filing 138 ORDER granting Plaintiffs' Application #134 to File Exhibit K to the Declaration of Richard S. Busch in Support of Joint Stipulation Re: Plaintiffs' Motion to Compel Under Seal, by Judge Margaret A. Nagle. (mat) Modified on 10/28/2008 (mat).
October 23, 2008 Filing 137 MINUTES OF PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS Hearing held before Magistrate Judge Margaret A. Nagle. The Motion is GRANTED, in part and DENIED in all other respects. See attached document for further details. IT IS SO ORDERED. Court Smart: CS 10/23/08. (mz)
October 10, 2008 Filing 136 NOTICE of Change of Attorney Information for attorney Mark L Block counsel for Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Changing Firm Name to Glaser, Weil, Fink, Jacobs & Shapiro, LLP. Changing Email to mblock@glaserweil.com. Filed by Plaintiffs F.B.T. Productions, LLC an Em2M, LLC (Block, Mark)
October 3, 2008 Filing 135 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Margaret A. Nagle rescheduling plaintiffs' MOTION to Compel Production of Documents #128 for hearing on 10/23/2008 10:00 AM before Magistrate Judge Margaret A. Nagle. (ec)
September 30, 2008 Filing 134 PLAINTIFF'S APPLICATION TO FILE EXHIBIT K TO THE DECLARATION OF RICHARD S. BUSCH IN SUPPORT OF JOINT STIPULATION RE: PLAINTIFF'S MOTION TO COMPEL UNDER SEAL filed by Plaintiff's F.B. T. Productions, LLC, Em2M, LLC. Lodged Proposed Order. (mz)
September 30, 2008 Filing 133 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of [Proposed] Order re Plaintiffs' Application to file Exhibit K to Declaration of Richard S. Busch [DOCUMENT NUMER 129-ATTACHMENT #2] in Support of Plaintiffs' Motion to Compel Production of Foreign Agreements Under Seal. (Duvall, Paul)
September 30, 2008 Filing 132 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Exhibit K to Declaration of Richard S. Busch [DOCUMENT 129-ATTACHMENT #2] in Support of Plaintiffs' Motion to Compel Production of Foreign Agreements [THIS FILING REPLACES DOCUMENT 131 FILED IN ERROR]. (Duvall, Paul)
September 30, 2008 Filing 131 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Exhibit K to Declaration of Richard S. Busch [DOCUMENT NUMBER 129-ATTACHMENT #2] in Support of Plaintiffs' Motion to Compel Production of Foreign Agreements. (Duvall, Paul)
September 30, 2008 Filing 130 NOTICE of Manual Filing filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC of Plaintiffs' Application to File Exhibit K to the Declaration of Richard S. Busch in Support of Joint Stipulation re Plaintiffs' Motion to Compel [DOCUMENT NUMBER 128 AND 129] Under Seal. (Duvall, Paul)
September 30, 2008 Filing 129 JOINT STIPULATION to MOTION to Compel Production of Documents #128 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc., Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit 1, 2, and 3 to Joint Stipulation re Plaintiffs' Motion to Compel Production of Documents, #2 Declaration of Richard S. Busch in Support of Plaintiffs' Motion to Compel with Exhibits, #3 Declaration of Kelly Klaus in Support of Defendants' Opposition to Plaintiffs' Motion to Compel Production of Documents with Exhibits)(Duvall, Paul)
September 30, 2008 Filing 128 NOTICE OF MOTION AND MOTION to Compel Production of Documents filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 10/21/2008 at 10:00 AM before Magistrate Judge Margaret A. Nagle. (Attachments: #1 Proposed Order Granting Plaintiffs' Motion to Compel Production of Documents Relating to Foreign Agreements for Digital Uses)(Duvall, Paul)
September 26, 2008 Filing 127 MINUTES OF Discovery Hearing held before Magistrate Judge Margaret A. Nagle granting in part and denying in part Plaintiffs' MOTION for Leave to Take in Excess of Ten Depositions #124 Court Smart: cs. (ec)
September 26, 2008 Filing 126 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Hearing information is missing, incorrect, or not timely RE: MOTION for Leave to Take in Excess of Ten Depositions #124 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mz)
September 25, 2008 Filing 125 JOINT STIPULATION to MOTION for Leave to Take in Excess of Ten Depositions #124 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc., Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Declaration of Melinda E. Lemoine in Support - JOINT STIPULATION PART 2 OF 2 [per ECF Help Desk Instructions], #2 Proposed Order re Plaintiffs' Motion for Leave)(Duvall, Paul)
September 25, 2008 Filing 124 NOTICE OF MOTION AND MOTION for Leave to Take in Excess of Ten Depositions filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. Motion set for hearing on 9/26/2008 at 10:00 AM before Magistrate Judge Margaret A. Nagle. (Duvall, Paul)
September 17, 2008 Opinion or Order Filing 123 MODIFIED PROTECTIVE ORDER by Magistrate Judge Margaret A. Nagle (ec)
September 16, 2008 Filing 122 NOTICE OF LODGING filed of Modified Protectice Order, Agreed Upon as to Form re Minutes of In Chambers Order/Directive - no proceeding held, #119 , Notice of Lodging, #118 (Attachments: #1 Exhibit A)(Lemoine, Melinda)
September 16, 2008 Filing 121 NOTICE OF FILING TRANSCRIPT filed for proceedings 9-9-08 3:32p.m. (bem, )
September 16, 2008 Filing 120 TRANSCRIPT for proceedings held on 9-9-08 3:32p.m.. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number 361-949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/7/2008. Redacted Transcript Deadline set for 10/17/2008. Release of Transcript Restriction set for 12/15/2008. (bem, )
September 15, 2008 Filing 119 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Margaret A. Nagle approving, as to form, the modifications reflected in the Notice of Lodging, #118 . Defense counsel shall resubmit the full Protective Order, including the approved modifications, by no later than Thursday, September 18, 2008. (ec)
September 12, 2008 Filing 118 NOTICE OF LODGING filed re Discovery Hearing #117 , Joint Stipulation re Discovery Motion #110 , MOTION for Protective Order for Modify Protective Order #109 (Attachments: #1 Exhibit A - Text of Proposed Modification with Marked Changes, Agreed to as to Form)(Lemoine, Melinda)
September 9, 2008 Filing 117 MINUTES OF Discovery Hearing held before Magistrate Judge Margaret A. Nagle granting plaintiff's motion to modify protective order.Court Smart: cs. (ec)
September 5, 2008 Filing 116 MINUTES OF IN CHAMBERS ORDER held before Judge Philip S. Gutierrez Re ORDER TO SHOW CAUSE HEARING RE: SANCTIONS FOR FAILURE TO COMPLY WITH THE COURT'S ORDER: The Court is in receipt of Plaintiffs' Declaration of Richard S. Busch Concerning Order to Show Cause Hearing, electronically filed September 3, 2008 #115 . Accordingly, the Order to Show Cause Hearing set for September 8, 2008 is hereby VACATED. (bm)
September 3, 2008 Filing 115 DECLARATION of Richard S. Busch re Minutes of In Chambers Order/Directive - no proceeding held,, Set Deadlines/Hearings, #107 Response to Order to Show Cause filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Busch, Richard)
August 26, 2008 Filing 114 SUPPLEMENT to MOTION for Protective Order for Modify Protective Order #109 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Klaus, Kelly)
August 20, 2008 Filing 113 RESPONSE BY THE COURT TO NOTICE TO FILER DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Magistrate Judge Margaret A. Nagle. The document is stricken because it's a duplicative pleading of docket entry #109, RE: Notice (Other) #108 . (mz)
August 20, 2008 Filing 112 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Duplicative pleading of docket entry #109. RE: Notice (Other) #108 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mz)
August 19, 2008 Filing 111 MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge Margaret A. Nagle rescheduling Plaintiff's Motion for Protective Order for Modify Protective Order #109 presently scheduled for hearing on 9/9/2008 from 10:00 AM to 02:30 PM before Magistrate Judge Margaret A. Nagle. (ec)
August 18, 2008 Filing 110 JOINT STIPULATION to MOTION for Protective Order for Modify Protective Order #109 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Proposed Order)(Klaus, Kelly)
August 18, 2008 Filing 109 NOTICE OF MOTION AND MOTION for Protective Order for Modify Protective Order filed by Defendant Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Motion set for hearing on 9/9/2008 at 10:00 AM before Magistrate Judge Margaret A. Nagle. (Klaus, Kelly)
August 18, 2008 Filing 108 NOTICE of Motion and Motion to Modify Protective Order filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Klaus, Kelly)
July 22, 2008 Opinion or Order Filing 107 MINUTES: (In Chambers) Order to Show Cause Hearing; PLEASE TAKE NOTICE that on the Courts own motion, the Order to Show Cause Hearing previously set for July 28, 2008 is hereby continued to Monday, September 8, 2008 at 2:30 p.m. IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
July 21, 2008 Filing 106 DECLARATION of Richard S. Busch re Minutes of In Chambers Order/Directive - no proceeding held,,, Set Deadlines/Hearings,, #105 filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Duvall, Paul)
July 15, 2008 Filing 105 MINUTES: (In Chambers) Order to Show Cause Hearing; On November 20, 2007, the Court ordered parties to appear before a settlement officer panel for a Local Civil Rule 16-15 Settlement Conference. To this date, parties have failed to comply with the Courts order to schedule a settlement proceeding. Accordingly, an Order to Show Cause Hearing Re: Sanctions for Failure to Comply with the Courts Order has been set for Monday, July 28, 2008 at 2:30 p.m. IT IS SO ORDERED Judge Philip S. Gutierrez. (ir)
July 15, 2008 Opinion or Order Filing 104 MINUTES: (In Chambers) Order CLOSING CV 08-1563 PSG (CWx); On May 19, 2008, the Court consolidated two actions - F.B.T. Productions, LLC, et al. v. Aftermath Records, et al. CV 08-1563 PSG (CWx) and F.B.T. Productions, LLC, et al. v.Aftermath Records, et al. CV 07-3314 PSG (MANx) - into a single action: F.B.T. Productions, LLC, et al. v. Aftermath Records, et al., CV 07-3314 PSG(MANx) #93 . The Court also ordered Plaintiffs to file a Consolidated, Amended Complaint in the consolidated action within 21 days of the entry of this order. On June 10, 2008, Plaintiffs filed a Second Amended Complaint #100 in accordance with the Courts order. Accordingly, the Court CLOSES CV 08-1563 PSG (Cwx), and ORDERS the parties the parties to file all future pleadings under CV 07-3314 PSG(MANx) IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
July 9, 2008 Filing 103 NOTICE of Change of Address by Colin B Vandell attorney for Interested Party Apple Inc., changing Address to Latham & Watkins LLP, 355 South Grand Avenue, Los Angeles, California 90071-1560. Filed by Non-Party Apple, Inc. (Vandell, Colin)
June 23, 2008 Filing 102 ANSWER to Amended Complaint #100 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc..(Klaus, Kelly)
June 11, 2008 Opinion or Order Filing 101 ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Amended Complaint #98 , for the following reasons: Document 98 is a duplicate of document 100; (es)
June 10, 2008 Filing 100 Second AMENDED COMPLAINT against defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. amending Complaint 1 , Amended Complaint 8 ,filed by plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (ps)
June 10, 2008 Filing 99 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Pursuant to GO 08-02 CV initiating documents such as "AMENDED COMPLAINT" shall be traditionally filed and emailed to the appropriate intake e-mail address by Close Of Business the following business day. RE: Amended Complaint #98 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (es)
June 9, 2008 Filing 98 Second AMENDED COMPLAINT against Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc. amending Amended Complaint 8 ,filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC (Duvall, Paul)
May 20, 2008 Filing 95 MINUTES OF Telephonic Discovery Status Conference held before Judge Margaret A. Nagle :The Court is advised that the parties have reached an agreement with respect to Plaintiffs Motion to Compel Further Responses to Interrogatory No. 12 and Request for Production No. 17 (cost information). The Court directs counsel to submit a proposed Order setting forth the resolution of this issue. [See document for further details.]Court Smart: CS05/20/2008. (ec)
May 19, 2008 Opinion or Order Filing 94 ORDER by Judge Margaret A. Nagle denying, as moot, Plaintiff's MOTION to Compel Further Response to Subpoena Served on Nonparty Apple Computers, Inc. #49 (ec)
May 19, 2008 Filing 93 MINUTES OF IN CHAMBERS ORDER re: Consolidation of CV 08-1563 PSG (CWx) andCV 07-3314 PSG (MANx) held before Judge Philip S. Gutierrez: Sua sponte, the Court ORDERS consolidation of the two actions and sets new dates for the consolidated action. For the foregoing reasons, the Court ORDERS that F.B.T. Productions, LLC, et al. v. Aftermath Records, et al. CV08-1563 PSG(CWx) and F.B.T. Productions, LLC, et al. v. Aftermath Records, et al. CV07-3314 PSG(MANx) be consolidated into a single action: F.B.T. Productions, LLC, et al. v. Aftermath Records, et al. CV07-3314 PSG(MANx). The Court further ORDERS Plaintiffs to file a Consolidated, Amended Complaint in the consolidated action within 21 days of the entry of this order. The Court ORDERS Defendants to file an Answer within 10 days of service of the Consolidated, Amended Complaint. This order renders moot the outstanding motions in these cases. Finally, the following dates are hereby set in the consolidated action numbered CV07-3314 PSG(MANx). Add Parties/Amend Pleadings Cut-Off: (Doe Defendants are dismissed as of this cut-off date): 06-02-08. All Discovery Cut-Off: 11-03-08. Motion Filing Cut-Off: 12-03-08. Final Pretrial Conference (2:30 P.M.): 01-12-09. Jury Trial (9:00 A.M.): 02-03-09. Estimated Trial Days: 5 days. Stipulation and Order Re: Jury Screening: Not Applicable IT IS SO ORDERED.(see attached minutes for further details) (es)
May 19, 2008 Filing 92 NOTICE OF LODGING filed Notice of Lodging [Proposed]Order on Plaintiffs' Motion to Compel Further Responses (Attachments: #1 Proposed Order [Proposed] Order on Plaintiffs' Motion to Compel Further Responses)(Encinas, Kimberly)
May 16, 2008 Filing 89 NOTICE OF ERRATA filed by Interested Party Apple Inc.. correcting Declaration (Motion related), Declaration (Motion related) #75 Notice of Errata for Declaration of Colin B. Vandell in Opposition to Plaintiffs Motion to Compel Further Response to Non-Party Apple Inc. to Subpoena (Attachments: #1 Exhibit B#2 Proof of Service)(Schecter, Daniel)
May 15, 2008 Filing 97 NOTICE OF ERRATA filed by Interested Party Apple Inc.. correcting Joint Stipulation re Discovery Motion #96 (lra)
May 15, 2008 Filing 96 SEALED DOCUMENT - JOINT STIPULATION to MOTION to Compel Further Response to Subpoena Served on Nonparty Apple Computers, Inc. #49 filed (lra)
May 15, 2008 Filing 88 JOINT STIPULATION to MOTION to Compel Further Response to Subpoena Served on Nonparty Apple Computers, Inc. #49 Joint Stipulation of Plaintiffs F.B.T. Productions, LLC, et al., and Non-Party Apple Re: Plaintiffs' Motion to Compel Further Response to Subpoena filed by Interested Party Apple Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Proof of Service)(Schecter, Daniel)
May 15, 2008 Filing 87 NOTICE OF ERRATA filed by Interested Party Apple Inc.. correcting Joint Stipulation re Discovery Motion, #74 Notice of Errata for Redacted Joint Stipulation (Attachments: #1 Proof of Service)(Schecter, Daniel)
May 15, 2008 Filing 86 NOTICE of Manual Filing filed by Interested Party Apple Inc. of Joint Stipulation of Plaintiffs F.B.T. Productions, LLC, et al., and Non-Party Apple re: Plaintiffs' Motion to Compel Further Response to Subpoena; Notice of Errata for Unredacted Joint Stipulation Filed Under Seal. (Schecter, Daniel)
May 14, 2008 Filing 85 NOTICE OF CLERICAL ERROR: Due to clerical error minute order dated 4/29/08 inacorrectly docketed under file date 5/7/08, docket no. 79. Minute order correctly docketed as docket no. 84. (ec)
May 13, 2008 Filing 91 TRANSCRIPT filed for proceedings held on 4/29/08 Court Reporter: Exceptional Reporting Services, Inc.. (ha)
May 13, 2008 Filing 90 TRANSCRIPT filed for proceedings held on 4/25/08 Court Reporter: Exceptional Reporting Services. (ha)
May 13, 2008 Filing 83 MINUTES OF Motion Hearing held before Judge Margaret A. Nagle: The Court hears argument regarding Defendants Motion and grants the motion to the extent that the deposition of Jimmy Iovine shall be limited to no more than two (2) hours, excluding breaks. (See document for futher details.)Court Smart: CS05/13/2008. (san)
May 12, 2008 Filing 82 Plaintiffs' Agenda Of Additional Discovery Issues For The Court's Potential Consideration filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC (Block, Mark)
May 7, 2008 Filing 79 MINUTES OF further Motion Hearing held before Judge Margaret A. Nagle regarding plaintiffs' motion to compel production of documents and responses to interrogatories of plaintiffs set one. Court Smart: cs. (ec)
May 6, 2008 Filing 81 DECLARATION of Matt Railo in Support Application to File Joint Stipulation and Supporting Documents Under Seal of Plaintiffs FBT Productions, LLC et al #57 filed by Interested Party Apple Inc.. (es)
May 6, 2008 Filing 80 MINUTES OF IN CHAMBERS ORDER held before Judge Margaret A. Nagle granting MOTION to Compel Further Response to Subpoena Served on Nonparty Apple Computers, Inc. #49 with regard to Request No. 1. (ec)
May 6, 2008 Filing 76 DECLARATION of Matt Railo In Opposition To MOTION to Compel Further Response to Subpoena Served on Nonparty Apple Computers, Inc. #49 filed by Interested Party Apple Inc.. (Schecter, Daniel)
May 6, 2008 Filing 75 DECLARATION of Colin B. Vandell In Opposition To MOTION to Compel Further Response to Subpoena Served on Nonparty Apple Computers, Inc. #49 filed by Interested Party Apple Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Schecter, Daniel)
May 6, 2008 Filing 74 JOINT STIPULATION to MOTION to Compel Further Response to Subpoena Served on Nonparty Apple Computers, Inc. #49 Joint Stipulation of Plaintiffs F.B.T. Productions, LLC, et al., and Non-Party Apple re: Plaintiffs' Motion to Compel Further Response to Subpoena filed by Interested Party Apple Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J)(Schecter, Daniel)
May 6, 2008 Filing 73 NOTICE of Manual Filing of Application of Non-Party Apple Inc. to File Portions of Joint Stipulation and Supporting Documents Under Seal; Supplemental Declaration of Matt Railo in Support of Non-Party Apple Inc.s Application to File Portions of Joint Stipulation and Supporting Documents Under Seal; [Proposed] Order Granting Non-Party Apple Inc.s Application to File Portions of Joint Stipulation and Supporting Documents Under Seal; Joint Stipulation of Plaintiffs F.B.T. Productions, LLC, et al., and Non-Party Apple re: Plaintiffs Motion to Compel Further Response to Subpoena; Declaration of Matt Railo in Opposition to Plaintiffs Motion to Compel Further Response of Non-Party Apple Inc. to Subpoena. (Schecter, Daniel)
May 6, 2008 Filing 72 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Proposed Document was not submitted as separate attachment, RE: Motion Related Document #70 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mz)
May 6, 2008 Filing 71 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Proposed Document was not submitted as separate attachment, RE: Motion Related Document #69 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mz)
May 5, 2008 Filing 70 [PROPOSED] ORDER REGARDING PLAINTFFS' MOTION TO COMPEL FURTHER RESPONSE TO SUBPOENA SERVED ON NONPARTY APPLE INC. re MOTION to Compel Further Response to Subpoena Served on Nonparty Apple Computers, Inc. #49 [PRESENTED BY KING & BALLOW, ATTORNEYS FOR PLAINTIFFS F.B.T. PRODUCTIONS, LLC AND Em2M, LLC] filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Attachments: #1 Exhibit Exhibit A-Redlined Proposed Order)(Duvall, Paul)
May 5, 2008 Filing 69 [PROPOSED] ORDER REGARDING PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSE TO SUBPOENA SERVED ON NONPARTY APPLE INC. re MOTION to Compel Further Response to Subpoena Served on Nonparty Apple Computers, Inc. #49 [PRESENTED BY LATHAM & WATKINS, ATTORNEYS FOR NON-PARTY APPLE INC. filed by Plaintiffs F.B. T. Productions, LLC, Em2M, LLC. (Duvall, Paul)
May 1, 2008 Filing 68 AMENDED MINUTES OF Follow-up Telephone Conference held before Judge Margaret A. Nagle regarding plaintiff's motion to compel, which was heard on 4/29/08. [See order for details]Court Smart: n/a. (ec)
May 1, 2008 Filing 67 MINUTES OF Follow-up Telephone Conference held before Judge Margaret A. Nagle regarding plaintiff's motion to compel, which was heard on 4/29/08. [See order for details]Court Smart: cs. (ec)
April 29, 2008 Filing 84 MINUTES OF further Motion Hearing held before Judge Margaret A. Nagle regarding plaintiffs' motion to compel production of documents and responses to interrogatories of plaintiffs set one. Court Smart: cs. (ec)
April 29, 2008 Filing 78 MINUTES OF Motion Hearing held before Judge Margaret A. Nagle granting in part and denying in part plaintiffs' MOTION to Compel Further Response to Subpoena Served on Nonparty Apple Computers, Inc. #49 Court Smart: cs. (ec)
April 25, 2008 Filing 77 MINUTES OF Motion Hearing held before Judge Margaret A. Nagle granting in part plaintiffs' motion to compel production of documents and respones to interrogatories of plaintiffs set one.Court Smart: cs. (ec)
April 24, 2008 Filing 66 NOTICE of Change of Attorney Information for attorney Glenn D Pomerantz counsel for Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. Adding Glenn D. Pomerantz as attorney as counsel of record for Defendants for the reason indicated in the G-06 Notice. Filed by Defendants Aftermath Records d/b/a Aftermath Entertainment; Interscope Records; UMG Recordings, Inc.; ARY, Inc. (Pomerantz, Glenn)
April 22, 2008 Filing 65 PROOF OF SERVICE OF SERVICE filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc., re MOTION for Protective Order for re Plaintiffs' Notice of Deposition of Jimmy Iovine #59 served on April 22, 2008. (Klaus, Kelly)
April 22, 2008 Filing 64 PROOF OF SERVICE OF SERVICE filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc., re MOTION for Protective Order for re Plaintiffs' Notice of Deposition of Jimmy Iovine #59 served on April 22, 2008. (Klaus, Kelly)
April 22, 2008 Filing 63 DECLARATION of Rand Hoffman in support of MOTION for Protective Order for re Plaintiffs' Notice of Deposition of Jimmy Iovine #59 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Klaus, Kelly)
April 22, 2008 Filing 62 DECLARATION of Richard S. Busch in opposition to MOTION for Protective Order for re Plaintiffs' Notice of Deposition of Jimmy Iovine #59 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Klaus, Kelly)
April 22, 2008 Filing 61 DECLARATION of Kelly M. Klaus in support of MOTION for Protective Order for re Plaintiffs' Notice of Deposition of Jimmy Iovine #59 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Attachments: #1 Exhibit 1-7)(Klaus, Kelly)
April 22, 2008 Filing 60 JOINT STIPULATION to MOTION for Protective Order for re Plaintiffs' Notice of Deposition of Jimmy Iovine #59 filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc.. (Klaus, Kelly)
April 22, 2008 Filing 59 NOTICE OF MOTION AND MOTION for Protective Order for re Plaintiffs' Notice of Deposition of Jimmy Iovine filed by Defendants Aftermath Records, Interscope Records, UMG Recording, Inc., Ary, Inc..Motion set for hearing on 5/13/2008 at 10:00 AM before Magistrate Judge Margaret A. Nagle. (Attachments: #1 Proposed Order re Plaintiffs' Notice of Deposition of Jimmy Iovine)(Klaus, Kelly)
April 22, 2008 Filing 58 NOTICE OF MOTION AND MOTION for Protective Order for re Plaintiffs' N